Art. 1
Object of the contract

MOOD S.r.l., by means of these General Terms and Conditions of Sale, wishes to regulate the Proposal and Sale Contract (hereinafter referred to as “Contract”) by selling the products (hereinafter referred to as “Products”) listed and described on the website named www.moodluxurytorino.it (hereinafter referred to as “Website”) remotely via the Internet. Such products are sold to the website’s user, hereinafter referred to as the “Client”, who purchases the products he/she has selected from the aforementioned e-catalogue, provided that the same are available at the time of the purchase. Mood S.r.l. reserves the right to use personal data voluntarily provided by the Users in compliance with the regulations currently in force (articles 13 and subsequent Leg.D. 196/2003). Every single purchase will be regulated by the General Terms and Conditions of Sale published on the Website, in their most updated version, at the exact time of the Client’s order placement. These General Terms and Conditions of Sale will only apply in case MOOD S.r.l.’s Client could be positively qualified as a “Consumer” in accordance with art. 3, par. I, lett. a of Leg. D. 206/2005 (Consumer Code) and, therefore, only in a single and specific case, i.e. the Client is “a natural person acting for purposes excluding the entrepreneurial or professional activity carried out by the same”. As far as every other case is concerned, namely when MOOD S.r.l.’s Client cannot be qualified as a Consumer, no further legal protection will be granted to him/her, as this is mandatorily and uniquely a Consumer’s right by law.

Art. 2
Website browsing and product purchase

MOOD S.r.l.’s offer and the completion of the subsequent purchase order are subject to the Products’ availability. MOOD S.r.l., therefore, will not be held responsible for any delays caused by the Products’ unavailability, even after the acceptance of the purchase proposal, and it will promptly report any unpredictable out-of-stock situations, due to an excessive demand or other causes, to the Client. The Client who wishes to purchase the Products shall follow the Website’s instructions and the specific procedure therein explained in order to send his/her order to MOOD S.r.l. The Client’s purchase order will be confirmed by MOOD S.r.l. by means of an e-mail sent to the e-mail address entered by the Client in the order form, which includes an order summary, a list of the purchased products and a link to these General Terms and Conditions of Sale. The Contract will be finalised, fully valid and effective only after the payment will have been released with success. MOOD S.r.l. remains free not to accept incomplete and/or irregular purchase orders. In case a Product was permanently out of stock, MOOD S.r.l. will only be obliged to refund the price paid by the Client. These General Terms and Conditions of Sale are published on the Website in order to let the Client read and acknowledge them before the purchase, in order to be directly and permanently accessible and be stored on an electronic device and printed on paper. The Products’ features, the prices (VAT included) and any related information, as well as the delivery costs, are shown and described to the Client before the Contract’s finalisation and the payment release. The purpose of the Products’ pictures, when available, is to represent the same and, albeit fulfilling the purpose itself, the colour and size of the real Product may vary. Should the Website picture and the Products’ data sheet differ, the latter will always have to be considered. MOOD S.r.l.’s tolerance of a Client’s nonconforming behaviour with regard to the regulations contained in the General Terms and Conditions of Sale cannot be considered to be a tacit approval of the same or an exception to the rules included in this document.

Art. 3
Client obligations

The Client declares that he/she has read and acknowledged the content of these General Terms and Conditions of Sale. The Client, during the online purchase procedure, will only use personal data and contact details, even the e-mail address, owned by him/her and available to him/her. It is expressly forbidden, in addition, to use false and/or invented data upon registration and in subsequent communications. The Client is therefore uniquely responsible for the truthfulness and correctness of the information and data provided to MOOD S.r.l. and he/she will promptly inform MOOD S.r.l. about any variation thereof. The Client declares to be of age (18 or older).

Art.4
Delivery time and procedure

The Website shows the Products’ availability and delivery time: such indications must be considered as purely approximate and not binding for MOOD S.r.l. MOOD S.r.l. commits, within the limits of its abilities, to shipping the selected and purchased Products via courier to the place selected by the Client within the delivery time shown on the Website and, in any case, to delivering them within 30 business days starting from the day MOOD S.r.l. sends the order confirmation to the Client; this does not apply to unavailable products. The service is reserved to the purchase of Products to be delivered in one of the countries that can be selected on the Website upon purchase. An express courier will deliver the Products; Post Office Boxes do not represent a valid delivery address. As far as shipping within the Italian territory is concerned, the data reported in the following tables is not valid-: Shipping within the Italian territory Delivery time The order’s delivery is normally carried out within 1-2 business days in most cities. Delivery times may vary depending on the shipping location and destination. Delivery attempts There will be two delivery attempts. Delivery days Monday to Friday (Saturdays and holidays are excluded) 24/48 hours. Storage Should the package not be delivered to the address specified in the order because the recipient is absent, the courier will provide the Client with a notice containing the instructions to request a new delivery and the Package will be stored in the courier’s warehouse, where it will remain for maximum three business days. During this period, the Client may request a new delivery. The courier will deliver the package without any additional cost. Should the Client not request a new delivery within the above-mentioned deadline, the package, starting from the fourth business day, will be in any case available at the competent Post Office. The Post Office’s storage period is seven business days, including Saturdays, starting from the first business day after the package has reached the competent Post Office. Should the recipient not collect his/her package, the Product will return to the sender. MOOD S.r.l. will terminate this contract and provide the Client with a refund of the Product’s price; the costs incurred for the failed delivery, the costs incurred to return the package to MOOD S.r.l. and any other delivery costs incurred because of the failed delivery due to the recipient’s absence may also be charged. As far as other destinations are concerned, the delivery is normally carried out within 3 business days in most cities. Delivery times may vary depending on the shipping location and destination. Delivery days Monday to Friday (Saturdays and holidays excluded) Delivery attempts There will be one delivery attempt. Storage Should the package not be delivered to the address specified in the order because the recipient is absent, the courier will provide the Client with a notice containing the instructions to request a new delivery and the Package will be stored, free of charge, in the courier’s warehouse, where it will remain for maximum 14 business days (Saturdays and holidays included). Should the package not be delivered by the end of the storage period, the same will return to the sender and MOOD S.r.l. will terminate this contract and provide the Client with a refund of the Product’s price; the costs incurred for the failed delivery, the costs incurred to return the package to MOOD S.r.l. and any other delivery costs incurred because of the failed delivery due to the recipient’s absence may also be charged.

Art. 5
Shipping costs and fees

The Client will pay the price listed on the Website for each Product he/she intends to purchase: the price will be updated at the time of the purchase order’s finalisation, it will be in Euros and it will include the VAT and packing fees. MOOD S.r.l. invites its Clients to contact their bank to request detailed information concerning their transaction’s exchange rates and commissions. The Products’ prices may be updated and be subject to variations.

Art.6
Payment and Billing

The Client will pay the Products ordered on www.moodluxurytorino.it by means of one of the following methods: CREDIT CARD, PAYPAL, BANK TRANSFER. At the time of CHECK OUT, the Clients will enter their credit card details in a protected banking system provided by PayPal. Purchases may be carried out via Visa, MasterCard, American Express, JCB, POSTEPAY, Paypal. In order to ensure greater protection in e-commerce transactions, MOOD S.r.l. recommends that Clients use the Verified by Visa or Mastercard Securecode service, thus requesting a PIN security code to be used in order to buy safely. CREDIT CARD CHARGE If the existing funds are enough to finalise the purchase and the provided bank details are valid, the transaction will be processed immediately. The credit card used during the procedure will be charged at the time of purchase even in case of a pre-purchase order, even though the Products will be shipped further on during the season. BANK TRANSFER By choosing the Bank Transfer method, the Client will receive, upon order finalisation, an automatic e-mail confirmation including MOOD S.r.l.’s bank details; after that, the Products will be stored until the bank transfer will have been received. The Client will receive a purchase confirmation only when the bank transfer will have arrived on MOOD S.r.l.’s account. MOOD S.r.l. will send the order after receiving the bank transfer and as soon as the Products will be available in its warehouse. PAYPAL By choosing the protected PAYPAL payment method, the Client will be able to pay directly from his/her PayPal account. MOOD S.r.l. reserves the right to ship the Products only to the address mentioned in the verified PayPal account. As far as the invoice is concerned, the instructions provided by the Client upon order confirmation will be used. It will not be possible to make any modifications after the invoice’s issue. The Client will check the data entered upon order confirmation thoroughly, as this will be included in the invoice. The invoice will only be issued in an electronic format. We would like to remind our new Clients that MOOD S.r.l. can ask the Bank or PayPal to verify the transaction, even by contacting the counterparty’s bank. Such verifications may cause delays in the order’s shipping.

Art.7
Right of withdrawal

The Client is entitled to a right of withdrawal with regard to this Contract without any penalties and without being obliged to provide his/her reasons: the aforementioned right will apply for 14 business days after receiving the ordered Products. The Client, in order to exercise this right, shall send the related notice before the end of the 14-day period. The Client, in order to exercise this right and in accordance with the Consumer Code, shall inform MOOD S.r.l. about his/her decision to exercise the right of withdrawal by means of an explicit declaration to be sent, for example, via registered letter, fax or e-mail. The Client, in addition, may use the withdrawal form mentioned in art. 54 of the Consumer Code. Furthermore, the Client may fill in the withdrawal form or any other explicit declaration online and send it to info@moodtorino.com. Should the Client choose this option, MOOD S.r.l. will promptly confirm the right of withdrawal’s receipt via e-mail. The form may include a few fields to be filled out, such as: (i) the will to exercise the right of withdrawal, (ii) a list of the relevant goods and services; (iii) the order date and the receipt date, (iv) Client’s name, address and signature (if notified in paper format). In case of withdrawal, MOOD S.r.l. will provide the Client with a purchase coupon corresponding to all the costs incurred by him/her, except for the costs deriving from the chosen delivery method offered by MOOD S.r.l., without an unjustified delay and, in any case, within 14 days from the day in which MOOD S.r.l. has been informed about the Client’s decision to exercise his/her right of withdrawal. The purchase coupon may be put on hold by MOOD S.r.l. until the Products have been returned or until the Client has proved that he/she has sent the Products back, depending on which situation occurs first. The security thread that can be found on the Products must not be cut or broken. The Products must not have been worn, washed or modified and must not show any sign of use. The shoes’ soles must be in perfect conditions and must not show any signs, i.e. they must not have been used. The Client shall accurately pack the Product and send it in its original box alongside any other item it may have originally contained. The wholeness of the goods to be returned is an essential condition that must be complied with in order to legitimately exercise the right of withdrawal. Concerning every other aspect not expressly mentioned here, please refer to the European law on remote commerce. The shipping costs of a returned Product shall be borne by the Client.

Should MOOD S.r.l. fail to deliver the Products, and with reference to the provisions of art. 4, the Client will be exclusively entitled to receive a refund of the entire amount spent. MOOD S.r.l.’s liability with regard to any force majeure events entailing a failure to deliver the Products within the business days mentioned in the Contract is expressly excluded. Force majeure events include, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and similar events, Public Authority provisions, strikes carried out by MOOD S.r.l.’s employees or by the employees working for MOOD S.r.l.’s couriers as well as any other circumstance that cannot be controlled by MOOD S.r.l. In accordance with art. 8 of EU Directive 97/7, MOOD S.r.l. will not be held responsible for the illegal use of the Client’s credit card data carried out by third parties.

Art.9
Handling of personal data & GPDR

By accepting these General Terms and Conditions of Sale, the Client agrees to the handling of his/her personal data, in compliance with Leg. D. no. 196/03, for the purposes described in the General Terms. MOOD S.r.l. commits to not using the addresses provided by the Client upon registration to send marketing information, both in paper and electronic format, unless the Client has explicitly requested it. The user shall use his/her discretion in order to choose the amount and type of entered data, provided that the minimum content needed for the registration procedure be entered, and the same will be intrinsically related to the purchase order’s purposes. The personal data handled by MOOD S.r.l. will be stored and protected by using every method implemented thanks to technological progress and with regard to the data type and the handling procedure’s specific characteristics, so as to minimise the risk of data deletion or loss (even accidental) through proper and precautionary security measures and to reduce the risk of unauthorised or unallowed data handling not complying with collection purposes. The information provided by the Client will be handled by MOOD S.r.l.’s employees in charge of the Website and data handling and supervised by MOOD S.r.l.’s managers.

In accordance with the provisions of EU Regulation 2016/679, the Client may at any time request the modification or deletion of his/her personal data by clicking the dedicated button on his/her profile or by sending a request to info@moodtorino.com.

Art.10
Modifications to the Terms

MOOD Luxury reserves the right to modify the Website, the policies and these General Terms and Conditions of Sale at any time: the online publishing date of such modifications corresponds to the entry into force of the same, it being understood that the Client is subject to the General Terms and Conditions of Sale’s policies and terms in force when he/she orders a Product on MOOD S.r.l.’s Website, unless any modifications to the same is required by the applicable law or competent authorities (in this case, the modifications will also be applied to previously placed Orders). Should any provision contained in these General Terms and Conditions of Sale be considered invalid, null or, for any reason, inapplicable, this will not, in any case, modify the validity and effectiveness of the other provisions.

Art.11
Applicable law and Jurisdiction

These General Terms and Conditions of Sale are subject to the Italian and European law. Every controversy that cannot be amicably solved will be brought to the exclusive attention of the Courthouse of the CLIENT’s residence or domicile, if the same are located within the State’s territory.