Termini e condizioni di vendita
Mud is Mood, through the functions available on the site https://www.mudismood.com/ – provided and managed by the Company, based in Voc. Bassano, 53, 05026, Montecastrilli (Terni), Italy – offers its Users (hereinafter the Buyers) the opportunity to purchase Products (by way of example and not limited to: vases, design objects).
1. – General provisions.
1.1. – The Purchaser, before registering on the Site and using the related Services, is invited to read these Terms and Conditions carefully.
1.2. – In order to proceed with the purchase of the products made available on the Site, the Buyer could decide, to register (free of charge) or access the service as a Guest. In any case, you will need to enter your name, surname, shipping address, phone nymber and e-mail address to finalize the purchase.
1.3. – If, due to service interruptions, not dependent on Mud is Mood, the access to the Site is interrupted, or occur errors in transmission, or the access to the Site is occasionally suspended or limited to allow for repairs, maintenance , or the implementation of new functions, Mud is Mood cannot be held responsible for: (i) losses that are not the consequence of the violation of these Terms and Conditions or (ii) for any loss of business opportunity, or (iii ) for any other direct and / or indirect or consequent loss that was not reasonably foreseeable, or in any case directly attributable to the actions and / or omissions of Mud is Mood itself.
1.4. – The Mud is Mood company cannot be held responsible for any delay and / or non-fulfillment of the obligations set out in these Terms and Conditions if the delay and / or non-fulfillment derive from unforeseeable circumstances and / or force majeure.
1.5. – Buyers interested in further information on the products or services available on the Site and which are not available on the Site, may request such information to Mud is Mood at the addresses indicated below: : firstname.lastname@example.org , email@example.com , +39 3331850038.
2. – Links to other sites.
2.1. – The Website may contain links to third party websites (also entered by the Users themselves). Mud is Mood therefore declines any responsibility in relation to the connection and contents of the websites linked to its website and warns Users that, whoever decides to insert a link to third party sites, as well as those who decide to visit a linked site, do so in total autonomy, thus assuming any resulting responsibility, as well as the burden of taking all precautions against viruses or other destructive elements.
3. Registration and Access.
3.1. – The authentication credentials (e-mail address and password) used to access the site must be kept with extreme care and attention. They can only be used by the Buyer and cannot be transferred to third parties.
3.2. – The Purchaser guarantees that the personal data provided during the Account creation procedure on the mudismood.com site and during the Registration on the Site are complete and truthful and undertakes to keep Mud is Mood harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the Buyer of the rules regarding registration on the Site or the conservation of registration credentials. It is forbidden to use an e-mail address that is not owned by the Purchaser, use the personal data and credentials of another Purchaser in order to steal his identity, or otherwise declare the false about the origin of other Content.
3.3. – The creation of an Account on the mudismood.com site is reserved for individuals who have the ability to give valid consent to accept these Terms and Conditions. For minors under the age of 18, provided that they are not less than 14 years of age, the relative consent may be given by the subjects exercising parental authority who, moreover, undertake to supervise the activity carried out on the Site by the subjects for whom they have provided consent.
3.4. – It is forbidden to use the Services of Mud is Mood: (i) in order to cause or be able to cause, interruptions, damage and / or malfunctions to the Services, or to the Site, or (ii) for purposes not permitted by law, or to commit illegal activities, or (iii) to cause disturbance, prejudice or apprehension to any third party. Mud is Mood reserves the right to prevent access to the Site and / or the Services, to suspend or close an account, to remove or modify the contents of the Site, in case of violation of the provisions of the applicable laws or of these Terms. and Conditions.
4. – Reviews, comments, communications.
4.1. – The Mud is Mood Company does not adopt preventive content verification systems, in any case reserves the right to remove and / or modify any Content that does not comply with the provisions of these Terms and Conditions. Except in cases where any liability is attributable to the company’s failure to remove illegal content following receipt of a specific communication. The Purchaser undertakes to indemnify and hold harmless the company Mud is Mood from any prejudice deriving from or otherwise connected with the Content provided by the same.
4.2. – The Registered Buyer may post reviews, comments and other communications and submit suggestions, ideas, comments, photographs, drawings, texts, questions or other information (the “Content”), as long as the Content is not unlawful (i.e. obscene, intimidating, defamatory, does not violate the privacy, intellectual and / or industrial property rights of the company Mud is Mood and / or third parties or is not in any other way harmful to the company Mud is Mood and / or third parties or deplorable and not is or in any case does not contain viruses, political propaganda, commercial solicitations, mass e-mails or any other form of spamming).
5. – Copyright.
5.1. – All Contents present and / or made available through the Mud is Mood Company Services such as products, texts, graphics, logos, images, audio files and / or video files, digital downloads, data collections, software, etc. are the exclusive property of the Mud is Mood company or its suppliers and are protected by legislation on intellectual and industrial property.
6. – Customer service.
6.1. – You can request information, send communications, request assistance or submit complaints by contacting the Customer Service (“Customer Service”) in the following ways:
· By e-mail, to the address on the “contact” page, using the form specially prepared on that page;
6.2. – The Mud is Mood company will do its best to respond to complaints submitted within 5 (five) working days of receipt of the same or, in any case, as soon as possible.
7. – Methods of purchase and scope of application
7.1. – The offer and sale of Products through the Site constitute a distance contract referred to in Articles 45 and ss. of the italian D.lgs. 6 September 2005, n. 206 and subsequent amendments (“Consumer Code”) and by italian D.lgs. 9 April 2003, n. 70, containing the regulation of electronic commerce.
7.2. – The applicable Terms and Conditions are those in force on the date the purchase order is sent and are available in Italian.
7.3. – In the event that, for any reason, the purchase order sent should be immediately terminated pursuant to and for the purposes of art. 1456 of the italian Civil Code, the Buyer will be informed by e-mail of the cancellation of the order and, if the payment has already been made, the company Mud is Mood will refund the total amount paid, consisting of the purchase price of the Product. , shipping costs, if applied, and any other additional cost, as indicated in the order form, with the methods and times provided in relation to the chosen payment method.
7.4. – Purchases from the mudismood.com site will be possible for both non-registered users (Guest mode) and completing the registration procedure. Both by registering and logging in as a Guest, the buyer can, by following the procedure indicated on the site, choose the products and place the order, upon which he will receive a summary confirmation email.
The registered user, and therefore in possession of a personal account, can directly carry out, among other things, the following activities: a. saving and modification of personal data; b. access to all information relating to orders and returns; c. check the status of the order; d. management of their personal data and updating at any time; And. use of dedicated services that may be activated from time to time; f. modification of the consent to the processing of personal data for the Mud is Mood company to send thematic newsletters, marketing and profiling.
8. – Mandatory information.
8.1 – In compliance with Italian D.lgs. 9 April 2003, n. 70 in the field of electronic commerce, the company Mud is Mood informs the Buyer that: a) to conclude the purchase contract for one or more Products through the Site, the Buyer must complete an order in electronic format and send it to the Mud is Mood company, electronically, following the instructions that will appear on the Site from time to time; b) the contract is concluded when the order reaches the server that the Mud is Mood company has; c) before proceeding with the transmission of the order, the Purchaser will be able to identify and correct any data entry errors by following the instructions on the Site or modify the order; d) after the transmission of the order, the Purchaser may modify it, by accessing the appropriate Area and following the instructions that will appear on the Site, until it is highlighted that the order is no longer modifiable because the Product is being prepared for the shipment, done in any case without prejudice to the right of withdrawal pursuant to art. 13 below. d) once the order has been registered, the Mud is Mood company will send to the e-mail address indicated by the Buyer, the order confirmation containing: information relating to the essential characteristics of the Product purchased, a detailed indication of the price , delivery costs and any additional costs, as well as information on the right of withdrawal and, in particular, the instructions to activate the withdrawal; f) the order will be archived in the database of the Mud is Mood company for the time necessary for its execution and, in any case, within the terms of the law; the essential elements of the order will be shown in the order confirmation.
9. – Availability of Products
9.1. – The Products offered are those shown on the homepage of the Site and / or within the various web pages of the same at the time of placing the order by the Buyer.
9.2. – The information relating to the availability of each Product will be present in the Product Sheet. The availability of the Products is continuously monitored and updated.
9.3. – In the event that the Product is no longer available after the purchase is completed, (e.g. concomitant purchase of the same product by multiple buyers), the Mud is Mood company will immediately notify the Buyer by e-mail of the aforementioned circumstance. Alternatively and without prejudice to this right, the Purchaser may accept one of the following proposals: (a) if a restocking of the Product is possible, an extension of the delivery terms, with indication by the company Mud is Mood of the new deadline delivery of the restocked Product; (b) if a restocking of the Product is not possible, the Mud is Mood company will reimburse the Buyer for the value of the ordered Product. The Buyer must promptly communicate his choice to Mud is Mood when contacted by Customer Service.
9.4. – In the case of orders relating to a plurality of Products (“Multiple Order”), if the unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the Purchaser by current legislation and without prejudice to the application of Art. 9.2 above, if the unavailability concerns all the Products object of the order – the company Mud is Mood will immediately notify the Buyer (by e-mail) who will be able to accept one of the following proposals: (a) if a restocking is possible of the Products covered by the Multiple Order that have become unavailable, an extension of the delivery terms relating to such Products, with indication of the new delivery term of the same; (b) if it is not possible to restock the Product and / or Products that have become unavailable, the company Mud is Mood will refund the Buyer for the value of the Product and / or Products ordered. The Buyer must promptly communicate his choice to the Mud is Mood company when contacted by Customer Service.
9.5. – In the event that the Purchaser makes use of the right of termination pursuant to art. 61, IV and V paragraphs of the Consumer Code, the purchase contract concerning the Product and / or Products that have become unavailable will be partially terminated, limited to such Product / s with consequent return, if it has already been paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in clause 12.6, and any other additional costs due in relation to such Products (“Partial Amount Due”);
9.5.1. – The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products subject to the Multiple Order available. The Partial Amount Due in relation to the Product (s) that have become unavailable will be reimbursed without undue delay to the Buyer and, in any case, within 15 working days of placing the order. The refund amount will be communicated to the Buyer via e-mail. In the case of payment by credit card or PayPal, this amount will be credited to the same payment method used by the Buyer for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
10. – Features.
10.1. – Each Product is accompanied by an information sheet that illustrates its main characteristics (“Product Sheet”). For the purposes of the purchase contract, the description of the Product contained in the Product Page of the mudismood.com website will prevail
10.2. – All the prices of the Products published on the Site are expressed in Euros. The price charged to the Purchaser will be that indicated on the Site at the time the order is placed and that any changes (increase or decrease) subsequent to the transmission of the order will not be taken into account.
11. – Purchase orders.
11.1. – In order to send an order for a Product through the Site, it is necessary to read, carefully examine and understand these Terms and Conditions. By sending the order, the Terms and Conditions are considered accepted.
11.2. – Purchase orders and online payments are expressly reserved for persons over the age of 18, who, with the order confirmation, declare to be of age.
11.3. – In order to finalize the purchase contract for one or more Products through the Site, the Purchaser will select the Products requested, fill in the order form in electronic format and transmit it electronically, according to the instructions provided from time to time on the Site. The purchase order sent by the Buyer is valid as a purchase proposal.
11.4 The order confirmation sent to the Purchaser, summarizing the order data placed by the latter, is valid as acceptance of the proposal and completes, for the effect, the contract.
11.5 The Purchaser authorizes the Mud is Mood company to charge the means of payment, indicated by the same in his account, for the amount shown, as the cost of purchasing the Products.
11.6. – In the case of payment via PayPal, the Mud is Mood company will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due.
11.7. – The ownership of the Products will be transferred to the Purchaser at the time of shipment, to be understood as the time of delivery of the Product to the carrier
12. – Payment
12.1 The Buyer undertakes to pay the price in full at the time of sending the purchase order.
12.2 The payment of the price can be made through the following methods made available to the Buyer: credit card, PayPal.
Paypal Terms -> https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
12.3. – If the Mud is Mood company does not receive confirmation that the payment made by the Buyer has been credited, the purchase order will be rejected and the Buyer will have to proceed with the forwarding of a new purchase order.
12.4. – In the event that the transaction is not successful, the order will not be completed, nor will it be created. The delivery term indicated during the purchase process will start from the day of payment.
12.5. – In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the Purchaser will be credited to his account. The credit times on the payment instrument linked to this account depend exclusively on the banking system used. Once the credit order has been placed in favor of this account, the company Mud is Mood cannot be held responsible for any delays or omissions in crediting the refund amount to the Buyer, to contest which the latter will have to contact the payment services used directly, through customer service.
13. – Delivery.
13.1. – The delivery of the Products purchased on the Site is carried out in Italy and abroad to the shipping address indicated by the Purchaser in the order form (so-called home delivery).
13.2. – At the time of shipment, the Buyer will be sent an e-mail confirming the delivery to the carrier which will also contain the link containing the tracking number through which the Buyer can check the status of the shipment (“Communication of ‘Shipment Successful’). The Purchaser in possession of an Account can also check the status of the shipment through the reserved section of the mudismood.com website.
13.3. – During the purchase process, before the Buyer transmits the order, the specific terms within which the company Mud is Mood undertakes to deliver the Products covered by the specific Buyer’s order and which take into account, as well as of the delivery area, also of the possibility that the Purchaser purchases several Products with the same order. The delivery terms run from the time the order is sent, unless otherwise indicated. In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract.
13.4. – An additional cost may be required for delivery in some areas. This cost will also be specifically indicated in the order summary before the Buyer transmits the order.
13.5. – Delivery costs are charged to the Buyer. The amount of delivery costs due in relation to a specific order and which may vary according to the place of delivery (Italy and abroad), is expressly and separately indicated (in Euros and inclusive of VAT), during the purchase process. in the summary of the order and, in any case, before the Buyer proceeds with the transmission of the same, as well as in the e-mail confirming the order.
13.6. – If it is necessary to reimburse the delivery costs with reference to Multiple Orders, the company Mud is Mood will reimburse the entire cost of the delivery costs only in the event that the withdrawal or termination concerns all the Products referred to in ‘Multiple Order.
13.7. – The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the Buyer. Delivery is to street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9 to 18), excluding national holidays.
13.8. – The Purchaser acknowledges that the collection of the Product is his specific obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the courier will leave a notice for the collection of the package from the Purchaser is required to collect the Product within 7 calendar days starting from the second day following the date of delivery notice (“Delivery Notice”). After the days of storage, the Product will be returned to the warehouse of the Mud is Mood company which, in the event of no response from the Buyer, will refund the latter the Total Amount Due if already paid. But without refunding the shipping.
13.9. – Without prejudice to the application of the rules on the right of withdrawal, and the legal guarantee of conformity, it is up to the Buyer to check the conditions of the Product that has been delivered. When the Purchaser, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, the Purchaser is advised to check the number of Products received and that the packaging is intact, not damaged, nor wet or in any case altered, even in the closing materials and we invite him, in his interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserve.
13.10. – The unconditional receipt of the Products by the Purchaser allows him to take legal action against the courier, in the event of loss or damage to the Products, except in the case of willful misconduct or gross negligence of the courier himself and with the exception of loss partial or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the Purchaser is also recommended to promptly notify Customer Service.
13.11. – In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the Purchaser, pursuant to art. 61 of the Consumer Code, invites the company Mud is Mood to make the delivery within an additional period appropriate to the circumstances. If the aforementioned term expires without the Products having been delivered, the Purchaser is entitled to terminate the contract, without prejudice to the right to compensation for damage. The Buyer is not burdened with the burden of granting the Mud is Mood company the Additional Term in the event of the following hypotheses: a) the Mud is Mood company has expressly refused to deliver the Products; b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the Purchaser has informed the Mud is Mood company, before the conclusion of the contract, that delivery by a specified date is essential. In the Excluded Cases, the Purchaser, if he does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, without prejudice to the right to compensation for damage.
13.12. – In any case, the company Mud is Mood undertakes to notify the Buyer, promptly and by e-mail, of the delay in the delivery of the Product to the courier, at the same time indicating the new delivery deadline, if available and communicating to the Buyer all remedies and safeguards recognized to the same.
13.13. – The Purchaser may accept, even tacitly, the New Delivery Term, without prejudice to his right to refuse delivery, to terminate the contract and to make use of the ordinary means of protection made available by law and, in particular, by the Head XIV of Title II of Book IV of the civil code.
14. – Right of withdrawal
14.1. – The Purchaser who acts as a consumer has the right to withdraw from the purchase contract without giving any reasons and without incurring costs other than those provided below, within the term of fourteen calendar days (“Withdrawal Period”) .
The Withdrawal Period expires 14 days after: a) in the case of an order relating to a single Product, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the Product; b) in the case of a Multiple Order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last Product; or c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last lot or piece.
14.2. – To exercise the right of withdrawal, the Buyer must inform the company Mud is Mood, before the expiry of the Withdrawal Period of his decision to withdraw. To this end, the Purchaser must inform the Mud is Mood company at firstname.lastname@example.org, the company will send the standard withdrawal form.
14.3. – In the event that the Purchaser makes use of the Declaration of Withdrawal, the latter is invited to indicate the order number, the Product (s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the Buyer, it is in the Buyer’s interest to use a durable medium when communicating its withdrawal to the Mud is Mood company. The Model Withdrawal Form or the Withdrawal Declaration must be sent to the following pec address: pec email@example.com or by registered mail with return receipt to: Mud is Mood di Valerio Sirchia, Voc. Bassano 53, fraz. Castel dell’Aquila, Montecastrilli 05026 (Terni) Italia.
14.4. – The Purchaser must return the Products to the Mud is Mood company, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to the company Mud is Mood its decision to withdraw. The deadline is met, if the Purchaser returns the Products before the expiry of the fourteen-day period. The Product, properly packaged, must be sent to the following address: Voc. Bassano, 53 05026, Montecastrilli (Terni) Italy. The direct costs of returning the Products to the Mud is Mood company are borne by the Buyer. In the case of goods which by their nature cannot normally be returned by post, the cost of returning these Products through a specific carrier will be indicated, together with the indication of that carrier. The information on exercising the right of withdrawal is made available to the Buyer through the Site before the conclusion of the contract and reported in the order confirmation.
14.5. – If the Buyer withdraws from the contract, the Mud is Mood company will proceed with the reimbursement, without undue delay and in any case no later than 14 calendar days from the day it was informed of the Buyer’s decision to withdraw from the contract. The refund will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer will not have to incur any costs as a result of this refund. The refund may be suspended until the Products are received or until the Purchaser demonstrates that he has returned the Products, whichever is earlier.
14.6. – The Purchaser is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with labels where present, still attached to the Product, as well as perfectly suitable. for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. The withdrawal cannot therefore be exercised in relation to parts and / or accessories of the Product.
14.7. – In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Mud is Mood company will notify the Buyer within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product will remain at the Mud is Mood company available to the Buyer for collection which must take place at the expense and under the responsibility of the same.
14.8. – In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Mud is Mood will notify the Purchaser of the circumstance and the consequent reduced refund amount within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount. owed by the Buyer due to the decrease in value of the Product.
14.9. – The right of withdrawal is excluded in the case of supply of tailor-made or customized products, of sealed products that are not suitable for return for hygienic reasons or related to health protection that have been opened after delivery, of products that risk to deteriorate or expire rapidly. The right of withdrawal is also excluded in the further cases referred to in art. 59 of the Consumer Code.
14.10. – In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the Buyer proceed with the transmission of the order.
15. – Warranty and lack of conformity
15.1. – Without prejudice to the uniqueness that distinguishes the handcrafted products sold by Mud is Mood, all the Products offered through the Site are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code (“Legal Guarantee”).
15.2. – The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not act as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
15.3. – The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within one month from the date on which it was discovered. In order to take advantage of the Legal Guarantee, the Buyer must therefore first provide proof of the date of purchase and delivery of the Product. It is therefore advisable that the Purchaser, for the purposes of this proof, keep the order confirmation or the purchase invoice, or the DDT, if applicable, or any other document that can certify the date of the purchase.
15.4. There is a lack of conformity, when the purchased Product: a) is not suitable for the use for which goods of the same type are usually used; b) does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling; d) it is not suitable for the particular use desired by the consumer and that it has been brought to the attention of the seller at the time of the conclusion of the contract and that the seller has accepted. Therefore, any breakdowns or malfunctions caused by accidental events or by the responsibility of the Buyer or by a use of the Product that does not conform to its intended use and / or to the provisions of the technical documentation attached to the Product and / or, as the case may be, by what is indicated in the Product Sheet.
15.5. – In the event of a lack of conformity duly reported within the terms, the Buyer has the right (after sending an email to firstname.lastname@example.org with attached photographic documentation certifying the existence of the defect):
– primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
– secondarily (in the event that the repair or replacement is impossible or excessively expensive) to the reduction of the price or the termination of the contract with the issue of a credit note in his favor for the equivalent of the price paid, at his choice. The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
15.6. – In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Purchaser can contact Customer Service at the number indicated below. The Mud is Mood company will promptly reply to the communication of the alleged lack of conformity and will indicate to the Purchaser the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the reported defect.
16. – Applicable law and competent court
16.1. – These Terms and Conditions and the individual purchase orders accepted are governed by Italian law.
16.2. – For any dispute concerning the application, execution, interpretation and violation of these Terms and Conditions and of the individual purchase orders accepted, including any action relating to contractual and extra-contractual liability, the court of the Municipality of residence or domicile of the Purchaser (Consumer), if located in the Italian territory.
17. – Customer service and complaints
17.1. – It is possible to request information, send communications, request assistance or submit complaints by contacting the Customer Assistance Service at the following addresses:
by e-mail: email@example.com by phone/whatsapp: +39 3331850038
18. – Changes
18.1. – The Mud is Mood company reserves the right to modify the Services, policies, these Terms and Conditions of the Site at any time to offer new Products and / or Services or to comply with legal and regulatory provisions.
19. – Vexatious clauses
The Purchaser, after having read these Terms and Conditions, declares pursuant to and for the purposes of art. 1341 of the Civil Code, to fully accept and specifically approve the clauses referred to in articles: 8. Mandatory information; 11. Purchase Orders; 13. Delivery; 14. Right of withdrawal; 15. Warranty and lack of conformity; 16. Applicable law and competent court.