GENERAL CONDITIONS FOR ONLINE SALES

The goods subject to the present general conditions are sold by “Mode Liana s.a.s.” based in via Fratelli Bandiera 8 / rosso – 50137 Firenze, registered at the Florence Chambre of Commerce at the number FI – 451193 of the companies registration list, tax code and VAT number 04442680486. 

1)DEFINITIONS

1.1 With the term “online sales agreement” we refer to the trade contract related to the goods of the Supplier, stipulated between the Supplier and the Buyer, as a part of a remote sales system, through online instruments, organized by the Supplier.

1.2 With the term “Buyer” we refer to the end user, natural person, that complete the purchase.

1.3 With the term “Supplier” we refer to “Mode Liana s.a.s”.

2) OBJECT OF THE AGREEMENT

2.1 With the present contract, respectively, the Supplier sell and the Buyer buy, using a remote sales system, the goods put on sale on the website www.modeliana.com.

2.2 The products referred to the previous point are illustrated at the following page: www.modeliana.com/shop

3) MODALITY OF STIPULATION OF THE CONTRACT

The contract between the Supplier and the Buyer ends only by the web platforum, through the access by the Buyer at the address www.modeliana.com where, following the procedures, the Buyer will formalize the contract for the purchase of the goods referred to the point 1 of the previous article.

4) CONCLUSION AND VALIDITY OF THE CONTRACT

4.1 The contract ends when the purchase order is sent. Later, will be visualize on the screen a summary page, printable, in which are shown the buyer’s personal data, the type of good purchased, the price, the shipping fees, the terms of payment, the address where the good will be shipped. A following e-mail will inform the Buyer about the estimated delivery time.

4.2 When the Supplier receive from the Buyer the order, he provides to send a confirmation mail or at the visualization of a confirmation and summary page, printable, in which are shown the data recalled in the point. 

4.3 The contract is not concluded if the conditions reported in the previous articles are not respected.

5) MODALITY OF PAYMENT AND REFUND

5.1 The payment from the buyer can take place using the following methods: Credit Cards (using Paypal platform), anticipated bank transfer and, only for the goods shipped in Italy, by cash on delivery.

5.2 Every possible refund to the buyer will be credited by one of the payment methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of right of withdrawal, within 30 days from the date on which the Supplier has been informed by the Buyer.

5.3 All the communications related the payment systems occur on a separate line of the Supplier, protected by an encryption system. The Supplier guarantees the memorization of these information with an additional level of encryption, and in compliance of the current law.

6 TIMING AND MODE OF DELIVERY

6.1 The supplier will provide to deliver the products purchased and ordered, with the modality chosen by the Buyer or reported on the website.

6.2 The time of shipment can vary from the same day of the order to 30 business days from the confirmation of the order. In the case in which the Supplier can’t ship the goods within 30 business days, he will inform the Buyer via e-mail.

6.3 The manner, timing and the shipping costs are clearly stated and well highlighted at the address: www.modeliana.com/en/shipping-payments/

7 PRICES

7.1 All the prices of the goods reported on the website www.modeliana.com/ are in Euro (€)

7.2 The selling prices, referred to the previous point, include VAT and any other taxes. The shipment fees must be indicated and calculated in the purchase procedure prior to the order by the Buyer and also contained in the summary page of the order. The buyer must be informed about the possibility of extra costs (for example the custom clearance).

8 PRODUCT AVAILABILITY

8.1 The Supplier using the online system will process the orders without delay. For this purpose the Suppliers indicates, in real time, in its electronic catalog, the number of products available and those not available.

8.2 If an order exceeds the amount present in stock, the Supplier will inform, via e-mail, which are the waiting times to obtain the good chosen, asking if the Buyer wants confirm the order.

8.3 The telematic system of the Supplier, confirm the order sending a confirmation e-mail, pursuant to section 4.2.

9 LIMITATION OF LIABILITY

9.1 The Provider assumes no liability for disruptions caused by force majeure if fails to execute the order within the time stipulated in the contract.

9.2 The Supplier shall not be liable to the Purchaser for failures and malfunctions related to the use of the Internet outside of its control or its sub-suppliers.

9.3 The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of failure to execute the contract for reasons not attributable to him, as the Buyer shall only be entitled to full reimbursement of the price and any charges incurred.

9.4 The Provider assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and others payment methods if it proves that he took all possible precautions based on the best science and experience of the moment and according to ordinary care.

9.5 Under no circumstances the Buyer the Purchaser will be held responsible for delays or mistakes in the payment if it proves that he made the payment in the same time and manner specified by the Supplier.

10 OBLIGATIONS OF THE SUPPLIER

10.1 In accordance with the articles 114 and following of the Italian Consumer Code (Legislative Decree no. 206/2005), the Supplier is responsible for damage caused by defects of the goods sold if he fail to inform the injured person, within a period of three months from the request, the identity and address of the manufacturer or the person who provided the good.

10.2 The above request, by the injured part, should be in writing and must indicate the product that caused the damage, the place and date of purchase.

10.3 The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to a legal rule or to a binding measure or if the state of scientific and technical knowledge not yet allowed to consider the product as defective.

10.4 No compensation will be payable if the injured party was aware of the product defect and the danger which resulted from.

10.5 In any case, the damage must prove the defect, the damage, and the causal relationship between defect and damage.

10.6 The injured person can seek compensation for damage caused by death or personal injury or destruction or loss of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption, and so mainly used by the injured.

10.7 Damage to property (art. 123 of the Code of consumption) will, however, compensable only to the extent that exceeds the sum of (€ 387).

11 WARRANTIES AND CONDITIONS OF SERVICE

11.1 The Supplier is liable for any lack of conformity that appear within a period of two years from the delivery of the goods.

11.2 The consumer goods are comply with the contract if, where relevant, the following circumstances exist: a) they are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect; d) they are suitable for specific use requested by the Buyer and that it is he made known to the seller at the time of conclusion of the contract.

11.3 The Buyer has no right if it does not inform the seller of the lack of conformity within two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed it.

11.4 In any case, unless proved otherwise, it is assumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of compliance.

11.5 In case of lack of conformity, the Buyer may ask, alternately and without charge, under the conditions specified below, the repair or replacement of the goods purchased, a reduction of the purchase price or termination of this contract, unless the request is not objectively impossible to satisfy or it is too expensive for the Supplier in accordance to art. 130, paragraph 4 of the Italian Consumer Code.

11.6 The request must be sent in writing, by Post Service, to the Supplier, which will indicate their willingness to respond to request or the reasons that prevent him from doing so, within seven working days from the receipt of the letter. In the same communication, where the Supplier has accepted the Buyer request, the Supplier must indicate the method of delivery or return of the goods as well as the deadline for the return or replacement of defective goods.

11.7 If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to at the previous point, the Buyer can ask, at his choice, an appropriate reduction of the price or the end of contract. The buyer will then have to send their request to the Supplier which will indicate their willingness to act on the same, or the reasons that prevent him from doing so, within seven working days from the receipt.

11.8 In the same communication, where the Supplier has accepted the Buyer’s request, must indicate the reduction of price proposed or how to return the defective goods. In such cases the Buyer will indicate how receive of amounts previously paid to the Supplier.

12 BUYER’S OBLIGATIONS

12.1 The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the Contract.

12.2 Buyer agrees, once the online purchase procedure is completed, to print and the conserve this contract.

12.3 The information contained in this contract have been already examined and accepted by the Buyer before the purchase confirmation.

13 RIGHT OF WITHDRAWAL

13.1 The Purchaser has the right to withdraw from the contract without penalty and without giving any reason, within 14 working days, counted from the date of receipt of the goods purchased.

13.2 In case that the trader hasn’t fulfilled the information requirements regarding the right of withdrawal, the term for exercising the right of withdrawal is 90 (ninety) days.

13.3 If the Buyer decides to exercise the right of withdrawal, it must notify the seller via fax to the number 055 6241938 or via e-mail to info@modeliana.com.

13.4 The return of the goods must take place no later than 30 (thirty) days from the delivery of the goods. The goods must be returned intact and in any case, in normal state of conservation.

13.5 The Purchaser may not exercise this right of withdrawal for the purchase of audiovisual products or computer software, as well as goods made to specifications or clearly personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly or any other case provided for by law (Art. 55 of the Italian Consumer Code).

13.6 The only costs payable by the consumer for exercising the right of withdrawal in accordance with this article is the direct cost of returning the goods to the Supplier.

13.7 The Supplier will reimburse the full amount paid by the Purchaser within 30 (thirty) days from the receipt of the notice of withdrawal.

13.8 With the receipt of notice which the Purchaser notify the exercise of the right of withdrawal, the parties of this contract are released by mutual obligations, except as provided in the preceding paragraphs of this article.

14 CAUSES OF RESOLUTION

14.1 The obligations assumed by the Supplier and the Buyer in the previous articles are essential: the failure of even one of these obligations, if not due to unforeseeable circumstances or force majeure, will result in the legal termination of the contract (ex art. 1456 c.c.), without needs of any judical decision.

15 PRIVACY POLICY

15.1 The Supplier protects the privacy of its customers and guarantees that your data are processed in accordance with the privacy legislation (Italian Legislative Decree 30 June 2003, n.196)

15.2 The personal data acquired directly or through third parties by the Supplier “Mode Liana s.a.s.”, controller of the data, is collected and processed with the purpose of registering the order and activate the procedures for the execution of this contract. (art. 24, c.1, letter b, Legislative Decree n.196/2003).

15.3 The Supplier is obliged to use with confidentiality the data and informations provided by Buyer and not to disclose to unauthorized persons, nor to use them for different purposes. Such data can be produced only at the request of the judicial authority.

15.4 Personal data will be disclosed only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.

15.5 The Purchaser has the rights listed in Article 7 Legislative decree n. 196/2003.

15.6 The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract.

15.7 The data collected will be kept for a period of time not exceeding that necessary for the purposes for which it has been collected.

15.8 Owner of the collection and processing of personal data, is the Supplier.

16 STORAGE CONTRACT

16.1 The contract will be store in accordance of the article 12 Legislative Decree 70/2003.

17 COMPLAINTS

17.1 Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Mode Liana s.a.s. Via Fratelli Bandiera 8 rosso, 50137 Firenze, or via Fax at the number +390556241938 or via e-mail at info@modeliana.comThe Purchaser shall indicate in the registration form his residence or domicile address, telephone number or email address to which he wishes to be sent notices of the Supplier.

18 DISPUTE

18.1 All disputes arising from this contract will be referred to the Chamber of Commerce of Florence.

19 APPLICABLE LAW

19.1 This contract is regulated by Italian law.

19.2 For other provisions are applicable the rules of law applicable to the relationships and circumstances described in this agreement and especially the convention  80/934/ECC opened for signature in Rome on 19 June 1980.

19.3 In accordance with the article n. 60 of Italian Legislative decree 206/05, it is expressly referred to the discipline contained in the Part III, Title III, Chapter I of the Italian Legislative Decree 206/05.

20 FINAL CLAUSE

This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this contract.