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Terms & Conditions

Contract for sale "online" means the distance contract that the legal transaction concerning goods and/or services concluded between a supplier, Moda& Musica s.r.l. (M&M) with its registered office in Via San Giovanni  n° 7 -  81020 Casapulla Caserta, Italy  and a Customer under an organized distance sales from the supplier for this contract, only uses the technology of distance communication called "Internet".

 This Agreement between  M&M and the Consumer will be completed with the orders confirmation from M&M following the procedures and terms indicated in the below Art 2.  The improvement of this Contract require the acceptance and approval of this Conditions and Terms of Sale from the Customer.

Article 2: How  to Buy

The customer can only purchase products in the online catalog at the order time and viewable online at www.ummstore.com as described in the relevant information sheets. The order will be processed upon the receipt the notification of the payment from the Customer.

The customer before to confirm the order, must take care to the delivery costs duly highlighted in the special page on this website.

The correct receipt of the order is confirmed by M&M through a reply e-mail, sent to the email address provided by the customer. This confirmation message will includes the Date and Time of execution of the order and the number of customer's order that should be used for any further communication with M&M. The message will include all data entered by the customer, all information related to the characteristics of the goods, indication of the price, payment method, the recess, procedures and delivery costs for return and applicable taxes. The Customer must verify the correctness and report any corrections, following the procedures described in this document.

 In the case of non-acceptance, M&M ensure timely notification to the customer.

Article 3: Obligations for Buyer.

The Consumer agrees and obliges, once the purchase procedure "on-line" is closed, to provide for the press and the conservation of these general conditions, which, he has already read and accepted in the obligatory step, and the specific product being purchased, this is to fully satisfy the requirement of  articles 3 and 4 Legislative Decree n° 185/1999. 

It is strictly prohibited to enter false data, and/or invented and/or imaginary, in the registration process required for activating the process for the execution of this contract and the further communication; personal data and e-mail address must be the only real data and not some other person, or fantasy.  It is expressly forbidden to make double entries corresponding to a single person or enter data of third parties. The M & M reserves the right to prosecute any violation or abuse for the protection of ordinary consumers.

Article 4: Prices             

The goods will be sold at the current price list when the order is made by the customer. The prices for shipments in the European Territory are including VAT and excluding delivery charges which are calculated at time of order. The prices for shipments in Non-European Territory are excluding VAT  and also excludes delivery charges which are calculated at the order time.

 

Article 5: Shipment conditions - Shipments costs - Customs Fees

The Company M&M will provide to ship the items selected and ordered, following the terms of the above article using courier or forwarder of its confidence.

A)     Info for shipment in Italian Territory

 

M&M uses for  shipment in the Italian Territory the transport Company GLS.

M&M will send to the customer a confirmation of shipment by email in the same time of the pick up of the package at our warehouse.

For know costs and delivery time please click here.  In calculating delivery time should not be counted non-working days (Saturdays, Sundays, Holidays and Pre-holidays).

The Orders are dispatched weekdays at 3.00 pm, according to the daylight saving time in force in Italy.

In the absence of the recipient at the time of delivery, the courier will leave a notice and the customer must contact personally as soon as possible to the courier in order to arrange the delivery. The time of delivery, which will never exceed, in any case, those provided by Article 6 Legislative Decree. 185/1999 (30 days from order's date), can change depending on the selected courier.

It is also possible to call the carrier or forwarder in order to know the time of delivery if the first delivery was not successful, indicating the name, address and city of delivery.

The Customer can't check inside the package at delivery time, but if he found abnormalities of the box like opened or visibly damaged, he can refuse delivery indicating the reason to the courier. Then the customer must contact M&M describing the reason of the rejection.

If the package is damaged in transit but it is equally accepted by the customer, M&M can not be held liable for damages complained by the customer, since the withdrawal of the order has been certified untouched.

M&M will accept orders from customers residing in Italian territory and make deliveries in the Italian territory in the Republic of S. Marino and Vatican City State, but not including the cities of Livigno and Campione d'Italia.

 

B)      Info  for shipment in the European and Non-European Territory (excluding Italy)

 

M&M uses for  shipment in the European and Non-European Territory  with: TNT Global, FedEx Express, UPS Worldwide Express.

M&M will send to the customer a confirmation of shipment by email in the same time of the pick up of the package at our warehouse.

For know costs and delivery time please click here.  In calculating delivery time should not be counted non-working days (Saturdays, Sundays, Holidays and Pre-holidays).

The Orders are dispatched weekdays at 3.00 pm, according to the daylight saving time in force in Italy.

In the absence of the recipient at the time of delivery, the courier will leave a notice and the customer must contact personally as soon as possible to the courier in order to arrange the delivery. The time of delivery, which will never exceed, in any case, those provided by Article 6 Legislative Decree. 185/1999 (30 days from order's date), can change depending on the selected courier.

It is also possible to call the carrier or forwarder in order to know the time of delivery if the first delivery was not successful, indicating the name, address and city of delivery.

The Customer can't check inside the package at delivery time, but if he found abnormalities of the box like opened or visibly damaged, he can refuse delivery indicating the reason to the courier. Then the customer must contact M&M describing the reason of the rejection.

If the package is damaged in transit but it is equally accepted by the customer, M&M can not be held liable for damages complained by the customer, since the withdrawal of the order has been certified untouched.

 

C)      General info about shipment

The delivery date indicated in the table is to be considered as indicative only. No compensation can be obtained from M&M in case of damage occasioned by delay, interruption, total or partial suspension of deliveries. This also applies to cases of delays, interruptions or suspensions due to causes that may alter the process of procurement and distribution of such work interruptions, labor unrest, delays due to suppliers, energy deficiencies, suspension of transport, etc.

For each order, M&M will issue a document of material shipped, sending it via e-mail to the holder of the order, pursuant to Article 14 of Presidential Decree 445/2000. For the issuance of the receipt are necessary the authentic information supplied by the customer when ordering. No change to the receipt will be possible after the issuance thereof.

Delivery costs are charged to the customer and are clarified in the execution of the order. The payment of goods by the customer will be using the procedures available at the time of order. Upon delivery of goods by the carrier or shipper, the customer must check that the packaging is intact and undamaged.

 Any damage must be immediately reported to the carrier making the delivery. Once signed the slip, the customer can not make any objection about the appearance of the goods.

 Any problems concerning the physical, correspondence or completeness of the products received must be reported within 7 days after delivery in the manner provided herein.

In case of missing collect within 5 working days of the material in storage at the warehouses of courier because of repeated inability to deliver to the address specified by the Customer, the order will be automatically canceled.

 

D)     Customs Fees

 

Shipments in the following countries: Argentina, Australia, Brazil, Canada, China, South Korea, Croatia, Philippines, Japan, Hong Kong, India, Indonesia, Iceland, Liechtenstein, Malaysia, Norway, New Zealand,Russia, Singapore, Spain (Ceuta / Melilla ), Spain (Canary Islands), United States, Switzerland, Tahiti, Thailand, Taiwan, Turkey may be subject to customs fees that are established by the customs of the country of destination. M&M can't predict the amount of such expenditure shall be borne by the purchaser.

 

E)      Article 6: Payment

 

 The customer can pay by Credit Card. At the same time of the order, the bank will authorize to charge on the customer's credit card. If the customer exercises his right to withdrawal in the manner set down in Article 6, will be reclaimed when the amount previously charged on the bank account specified by the customer except for shipping costs already incurred.

 

 

F)      Article 7: Right of Withdrawal

 

 The sale in question is considered subject to the Legislative decree n° 185 of 22/05/1999, which allows the buyer to exercise the right of withdrawal. Included in this case the distance purchases made by phone, or via the Internet, whether they are delivered to your home, or picked up at the company headquarters or at a point of presence on the territory.

               - Who is covered

 To individuals (consumers) acting for purposes that are unrelated to his business. They are therefore excluded from the right of withdrawal, purchases made ​​by retailers and /or holder of VAT and Companies.

                - What is:

 The consumer shall, within 10 working days from receipt of goods, to exercise the RIGHT OF WITHDRAWAL. The customer receives the goods may have a "rethinking" for the failure of the product after it is viewed in its expectations, or incorrect purchase, and then decide to return it. This right is the right to return to the seller of the goods purchased and the resulting refund of the purchase price.

The right of withdrawal states that the product is returned ​​under the following conditions:

 COMPLETE: The law applies to product purchased in its entirety it is not therefore possible to perform partial withdrawal of the product purchased (Ex: accessories).

 INTEGRITY: the product is made ​​in the original packaging, complete, and not opened or used, in respect of reselling: the returned product must be re-listed without the subsequent purchaser may assume that it is not the first owner.

 Finally, under the law, the right of withdrawal, is not applicable to open products, tailor-made products and products purchased with a request for invoicing.

How to use it:

The withdrawal right is exercised by sending, by the deadline in 10 days, a written notice to the geographical location of the supplier (Moda & Musica s.r.l. Via S. Giovanni ,7 81020 Casapulla Caserta Italy) by registered letter with acknowledgment of receipt. The notice may be sent, within the same period, by telegram, or fax (0823/253025), provided it is confirmed by registered letter with acknowledgment of receipt within 48 hours. It 'important to summarize their data, the order in question, and the product. All this within 10 working days of receipt of goods.

It is important to communicate the full adress and the banck account that you want to receive the refund.

Subsequently, the Customer will inform the M & M Return Authorization Number. The package must be postmarked within 3 days from authorization of the practice, since after this period will be the discretion of the company 's acceptance of returned merchandise.

How to send:

After obtaining the return authorization number of the operator must:

·         Pack down the goods carefully  in order to protect the original covers of products from any damage;

·         attach and send, together with the goods, including the receipt of purchase;

·         apply the label with the address clearly visible;

·         Send the goods at the warehouse (at your charge) through any carrier. Products authorized to travel at WITHDRAWAL Costs, Risk and Customer Care.

 The address is: Moda & Musica s.r.l. Via San Giovanni, 7 81020 Casapulla (CE)

If the product violates even one of the clauses, then the final acceptance of the right of withdrawal for the returned merchandise is at the discretion of the operator. The product may, in case of anomalies, which may be made to the buyer, who must also pay the costs "of management practice."

Article 8: Processing time of repayment

 M & M, if the above procedure is performed correctly, will, under the terms of the law, to be credited to the customer the amount paid within 30 working days from receipt of goods by bank transfer, excluding shipping costs (where means: the transport costs incurred for the purchase of goods and / or expenses incurred for the return of the buyer to the seller.

 All in accordance with Legislative Decree 22 May 1999, No 185 (for further details: Legislative Decree 185/99)

 Article 9: Complaints

 Any complaint must be addressed to:

Moda & Musica s.r.l.

(Complaints Office Moda & Musica)

Via S. Giovanni, 7 81020 Casapulla CE

 Item 10: Resolution and Contract Termination clause

 The M & M has the right to terminate the contract simply by notifying the customer with sufficient and justified reasons, in which case the customer shall only be entitled to a refund of the amount already paid. The obligations assumed by the customer under Article .7 (Obligations of the buyer), and the guarantee of the payment to the customer using the means provided for in Article .2, are essential, so that by express agreement the failure by the customer, only one of these obligations will lead to termination of the contract pursuant to Art. 1456 cc, with no need for a judicial sentence, without prejudice to the right of the company M & M to sue for damages.

Article 11: Privacy

 

We hereby inform you that, pursuant to art. 13 of Legislative Decree 30.06.2003 n. 196, the personal data that will be provided by the Customer to M & M are treated the same, with or manually, for inclusion in the customer and are necessary for the conclusion of a contractual relationship and for the subsequent steps of civil , tax, management.

 

Providing data is optional: given the lack of it shall be impossible to enter into any contract.                               

Customer data can be communicated, for the same purposes of the collection, the group companies, business partners, as well as subjects that are entrusted in outsourcing services. The data controller is Moda & Musica s.r.l. located in Via S. Giovanni, 7 81020 Casapulla Caserta .

Note that, in relation to Art. 7 of the Code. above, the Customer will, among other rights, to obtain:

·         confirmation of the existence of personal data concerning them;

·         the cancellation, transformation into anonymous form or blocking of the possibly in violation of the law;

·         the updating, rectification or integration of data.

Article 12: Law and Jurisdiction        

Any dispute regarding the application, implementation, and breach of contract of sale entered into "online" via the website www.ummshop.com is subject to Italian jurisdiction, these general conditions are reported, although not expressly expected, in conjunction with the Legislative Decree No. 50 of 15/01/1992 and Decree No. 185 dated 22/05/1999. Any dispute between the parties relating to this contract will be competent Court in whose district the consumer's domicile, if located in Italian territory, for all other customers it is understood that any dispute shall be the sole responsibility of the Forum of Santa Maria Capua Vetere (Caserta).