The following General Conditions of Sale and Use govern the offering and sale of products on this website www.modemour.com, as well as access to and use of the website. The website is the property of MODEMOUR GIPI SRL, with registered address at: Piazza Guglielmo Marconi 10 - 37018 MALCESINE (VR), ITALY - VAT No: 03099930236. MODEMOUR GIPI SRL is also the licensee of the domain name of the website. Products purchased on this site are sold by MODEMOUR GIPI SRL.
FIELD OF APPLICATION
These General Conditions apply to all sales made by MODEMOUR GIPI SRL on www.modemour.com;
These General Conditions of Sale may be modified at any time without prior notice. Any modifications and/or new conditions will become effective when they are published in the Conditions section of the website. As a result, users are asked to access the website regularly and to check the latest version of the General Conditions of Sale;
The applicable General Conditions of Sale are the conditions in force on the date the purchase order is placed. When an order is placed online, by phone or via email, the customer declares that he/she/it has examined and accepts completely the General Conditions of Sale and Payment contained herein. The failure to accept the General Conditions of Sale will make it impossible to make purchases on the website;
The customer must print or save an electronic copy of, and in any case retain, these General Conditions of Sale, pursuant to art. 50 as amended of Italian Legis. Decree 206/05;
Dealers, wholesalers and, in general, anyone who intends to purchase for resale the products offered for sale on the website are prohibited from such purchasing. MODEMOUR GIPI SRL reserves the right to refuse website orders for unusual quantities and orders placed with unusual frequency, regardless of their source.
PROCEDURE FOR CONCLUDING CONTRACTS
In compliance with Ital. Legis. Decree no. 70 dated 9 April 2003 containing provisions governing electronic commerce, MODEMOUR GIPI SRL informs the user that:
the customer may purchase products contained in the electronic catalogue on the website www.modemour.com, as described in the relative technical information sheets;
a contract is stipulated when MODEMOUR GIPI SRL records the order form, which occurs after order and payment information are checked for correctness;
before sending the order form, the user can identify and correct any erroneously entered information by following the instructions that accompany the various steps in the purchase process on the website; after the order form has been recorded and authorisation of payment of the total amount due has been received, MODEMOUR GIPI SRL will send the user an email, at the address provided, which contains the confirmation of the order, information on the product purchased, a detailed breakdown of the price, the payment method used, the procedure for cancelling the order, and the shipping charges and any additional costs, along with instructions on contacting Customer Service to request assistance. The user should save this email, as it constitutes proof of purchase;
the order form will be archived in the MODEMOUR GIPI SRL database for the time required to fill the order and, in any case, as prescribed by law.
If the order is not accepted because the product is unavailable or delivery time is longer than anticipated, the customer will promptly be notified via email or by phone. In this case, the customer can request a different product, wait for the product to become available by a new anticipated delivery time, or cancel the order and request a refund of any money paid.
The partial or complete failure to accept an order shall not entitle the customer to be compensated for damages, nor shall such failure constitute a reason for contractual or extra-contractual liability for direct or indirect damages to persons and/or property.
VALIDITY OF OFFERS AND PRICES
All prices for the products sold on the site are in Euros (€) and include Value Added Tax (VAT). Shipping charges and any other additional costs, which includes VAT and are expressed in Euros (€), will be expressly and separately shown on the order form before the user places the order and will also appear in the email confirming the order;
Although the price of the products is subject to change without notice, the price actually charged to the user is the price appearing in the product description when the order is placed.
Products for sale on the website are recorded in a centrally located, computerized system that determines their availability in real time. In some cases, however, problems may arise with the availability of an article chosen by the customer. If a product ordered is unavailable, the customer will be promptly notified by email. If this occurs, the customer may change the product ordered, wait for the product to become available within the time specified in the email, or cancel the order and request a refund of any money paid;
If payment has already been made, MODEMOUR GIPI SRL will refund the total amount paid by the user - consisting of the purchase price, shipping charges and any other additional costs - which will be credited on the means of payment employed by the user to make the purchase. Possible delays in crediting a refund may depend on the bank involved or on the type of credit card or payment solution used. In any event, the value date when the refund is credited will be the same as the date when the original charge was debited.
REFUSAL OF RESPONSABILITY
MODEMOUR GIPI SRL publishes text and images on its website with the greatest degree of precision and professionalism. However, it reserves the right to refuse responsibility for possible inaccuracies of a technical nature and/or for printing errors. All such inaccuracies and errors are promptly corrected.
MODEMOUR GIPI SRL also reserves the right to make corrections and changes to the website when they are deemed necessary and without prior notice.
MODEMOUR GIPI SRL does not guarantee that the information published on its website complies with the laws on Internet commerce that are applicable in the customer's country of residence.
MODEMOUR GIPI SRL refuses all responsibility for any problems, damage or risk that the user may encounter while using the website.
MODEMOUR GIPI SRL refuses all responsibility for the customer's incorrect use of its website www.modemour.com and for any damage caused by the customer's computer systems. It does guarantee that it has taken all necessary steps to ensure that its customers can use its website with maximum security.
MODEMOUR GIPI SRL reserves the right to correct and/or re-examine the terms and conditions contained in this legal notice, and to update said notice whenever it deems necessary and without prior notice. Since the user is required to comply with the terms contained in this notice, it must regularly be checked for updates, changes and corrections.
All orders received through www.modemour.com will be processed by the end of the next day. Orders placed on weekends will be processed on the following Tuesday morning.
ONLINE PRODUCT INFORMATION SHEETS AND IMAGES
All information contained in product information sheets is intended to be of a simple, general nature, only;
MODEMOUR GIPI SRL publishes text and images on its website with the greatest degree of precision and professionalism. However, it refuses all responsibility for possible inaccuracies of a technical nature and/or for printing errors. MODEMOUR GIPI SRL will correct any errors in the descriptions of products offered on its website as quickly as possible;
The images and colours of the products appearing on the website may differ from the actual images and colours, due to the effect of the information systems and/or computers employed by the user to display them; MODEMOUR GIPI SRL refuses all responsibility for the fact that the images accompanying the technical information sheet for a product may not depict of the properties of the original product exactly;
The images contained on the website are the property of MODEMOUR GIPI SRL. The use of such images without the express written consent of MODEMOUR GIPI SRL will be prosecuted to the fullest extent of the law.
TRACKING OF SHIPMENTS
When an order is shipped, www.modemour.com will email the customer with the shipment number provided by the shipping agent. You can track your shipment by accessing the shipping agent's website and entering the tracking number you receive.
All articles listed on www.modemour.com are recorded in a centrally located, computerised system that determines their availability in real time. In some cases, however, problems may arise with the availability of an article chosen by the customer. In these rare cases, www.modemour.com will promptly notify the customer by email.
INFORMATION NOTICE PURSUANT TO ART. 13 of Ital. Legis. Decree 196/2003
Dear Madam or Sir,
Please be informed that Ital. Legis. Decree no. 196 dated 30 June 2003 ("Law on the Protection of Personal Data") is designed to protect persons and other parties whose personal information is being processed.
According to the above law, such processing must be governed by the principles of correctness, propriety and transparency, and must safeguard your privacy and your rights.
Thus, pursuant to Art. 13 of Legis. Decree 196/2003, we are providing the following information:
1. The personal information requested when an order is placed is gathered and processed for the purpose of fulfilling the requests of the customer. MODEMOUR GIPI SRL assures its customers full compliance with law on handling personal information, as defined in the privacy law: Legis. Decree no. 196 dated 30 June 2003.
2. Your personal data is processed by computer and/or manual means for the following purposes:
- purposes that are exclusively associated with and essential to the management of relationships with customers (order handling, shipping of goods, internal administration, internal statistics, feedback on customer satisfaction, preliminary acquisition of information for the conclusion of a contract or the supply of a service, etc.);
- purposes associated with the requirements of applicable law;
- promotional, commercial and informational purposes exclusively associated with MODEMOUR GIPI SRL.
3. You must provide your data. If you refuse, the result may be the partial or complete inability to execute the contract.
4. Your data will not be forwarded to other subjects or disseminated.
5. An interested party is expressly entitled to exercise free-of-charge the rights specified in Art. 13 of Legis. Decree 196/2003 dated 30 June 2003, to wit:
- to request confirmation from MODEMOUR GIPI SRL of the existence of one's personal data;
- to know its origin, and to gain information on the approach used for its processing and on the purposes thereof;
- to obtain updating, correction and integration of the data;
- to request the cancellation, transformation into an anonymous format or blockage of any data processed in violation of law;
- to oppose the processing of personal data for legitimate reasons or if the data is used for the purpose of sending advertising material or commercial information, or for conducting market research or direct sales, or for interactive commercial communication; however, you are hereby informed that cancellation of your personal data must be requested in writing by sending a written notice to that effect to the offices of the company.
6. The Data Controller is MODEMOUR GIPI SRL with operational headquarters at Piazza Guglielmo Marconi 10, in MALCESINE (VR), Italy.
7. The manager in charge of processing is MODEMOUR GIPI SRL.
8. The representative of the Data Controller in Italy is Raffaello Petrucci.
9. At any time, you can exercise rights that must be honoured by the Data Controller, pursuant to Art. 7 of Legis. Decree 196/2003, which are here reported in their entirety:
Art. 7 of Legis. Decree 196/2003 - Right to access personal data, and other rights
1. An interested party has the right to obtain confirmation as to the existence of personal data regarding that party, even if it has not yet been recorded, and communication of such existence in an intelligible format.
2. An interested party has the right to obtain an indication:
a) of the origin of the personal data; b) of the aims and methods of its processing; c) of the software employed in the event of processing through electronic means; d) of the identification details of the Controller, managers and appointed representative, pursuant to Art. 5, paragraph 2; e) of the parties or categories of parties to whom the personal data may be communicated or who may be made aware thereof as an appointed representative of the State, or as managers or officers.
3. An interested party has the right to obtain:
a) the updating, correction or, when in their interests, integration of the data; b) the cancellation, transformation into anonymous format or blockage of any data processed in violation of laws, including data whose storage is not necessary in relation to the purposes for which it was collected or subsequently processed; c) certification that the operations as per letters a) and b) were made aware (also in terms of their content) to anyone whose data was communicated or notified, except if such fullfilment is impossible to implement or implies the use of means that are clearly out of proportion with respect to the protected right.
4. An interested party has the right to oppose, fully or partly:
a) for legitimate reasons, the processing of personal data regarding that party, even when relevant to the purpose of its collection; b) the processing of personal data for the purpose of sending advertising material or for direct sales, or for conducting market research, or for sending commercial communication.
SUSPENSION AND/OR MODIFICATION AND/OR TERMINATION OF SALE
MODEMOUR GIPI SRL reserves the right to suspend, modify or terminate sales on its websites. MODEMOUR GIPI SRL is not responsible for any damage to the user or third parties resulting from such suspension, modification or termination.
These General Conditions of Sale and Use constitute the sum total of agreements between MODEMOUR GIPI SRL and the users of the website as far as the purchase of products on the site and its use are concerned.
APPLICABLE LAW AND COURT
Contracts of sale between customers and MODEMOUR GIPI SRL are assumed to be concluded in Italy and governed by Italian law;
Civil and penal disputes resulting from remotely concluded sales contracts shall be decided before the court in the customer's municipality of residence; in all other cases, such disputes shall be decided exclusively before the Court of Verona, Italy.