GENERAL ONLINE SALES CONDITIONS FOR CONSUMER CUSTOMERS PURSUANT TO LEGISLATIVE DECREE 206/2005
PREMISES
These General Conditions of Sale govern the purchase of products offered by MOSAIC S.P.A. through the website at the URL https://www.creative-cables.it.
MOSAIC S.P.A. markets the Products using the CREATIVE CABLES brand, of which it is the exclusive owner.
Through these General Conditions, the customer (who purchases as a consumer pursuant to Legislative Decree 206/2005) is made aware, before the conclusion of the Order, of the methods and terms of purchase and the rules governing the contractual relationship.
ART. 1 - DEFINITIONS
1.1 In these General Conditions, the following terms shall have the meanings specified below:
a) Account: the online profile containing personal information of the Consumer Customer that can be accessed via credentials on the Website.
b) Shopping Cart: virtual container where the Products chosen by the Consumer Customer are collected.
c) Catalogue: the catalogue of Products offered by Mosaic with the relative price list, proposed on the Site.
d) Consumer Customer: the natural person who purchases the Products offered by Mosaic on the Site for purposes unrelated to professional and/or business activities, and therefore qualifies as a consumer under the Consumer Code.
e) Consumer Code: Legislative Decree no. 6 September 2005, no. 206 and subsequent amendments and additions.
f) General Conditions: these general conditions of sale (as well as its subsequent amendments and/or additions, duly communicated to the Consumer Customer) that govern the Contract with the Consumer Customer.
g) Order Confirmation: the approval of the Order by Mosaic and communicated to the Consumer Customer.
h) Contract: the binding agreement that governs the distance sale and is concluded from time to time between Mosaic and the Consumer Customer, subject to these General Conditions.
i) Mosaic or Company: the company MOSAIC S.P.A., with registered office in Turin (TO), 10153, Lungo Dora P. Colletta n. 113/9, C.F. e P.IVA IT0981327001, Tel: 800-034180; E-mail: info.it@creative-cables.com; PEC: mosaicspa@pec.it.
j) Order: the Consumer Customer's request to purchase the Products on the Website, through the relevant Order Procedure.
k) Guest: the Consumer Customer who purchases on the Website without having an Account.
l) Parties: jointly, Mosaic and the Consumer Customer.
m) Order Procedure: the Site procedure for the Consumer Customer to place an Order.
n) Products: the goods offered by Mosaic on the Website.
o) Website: the website at the URL https://www.creative-cables.it, relating to the CREATIVE CABLES brand.
ART. 2 - SUBJECT MATTER
2.1 These General Conditions govern the Contract between Mosaic and the Consumer Customer for the distance selling of the Products offered by the Company on the Site, and are drawn up in accordance with the provisions of the Consumer Code.
ART. 3 - CONCLUSION OF THE CONTRACT
3.1 The Consumer Customer will have the option to choose whether to purchase the Products (and therefore proceed with the conclusion of the Contract) through an Account, which involves the creation of their own personal area, or as a Guest.
3.2 The Contract between the Consumer Customer and the Company will be stipulated by the Consumer Customer following the Order Procedure on the Website, after selecting the Products and adding them to the Basket.
3.3 Once the Products have been selected, the Consumer Customer must enter the data requested in the fields indicated as mandatory, then choose the payment method from those available.
3.4 Before finalising the Order Procedure, the Consumer Customer can view a summary of the Order and the total amount to be paid, including shipping costs.
3.5 To complete the Order Procedure, the Consumer Customer must make payment using the methods expressly provided on the Website.
3.6 Following payment by the Consumer Customer and the subsequent forwarding of the Order, Mosaic will send the Order Confirmation by e-mail to the e-mail address previously provided by the Consumer Customer.
3. 7 The Contract shall be deemed entered into only when the Company sends the Order Confirmation, which shall be sent after receipt of payment.
3.8 Mosaic reserves the right not to confirm the Order for any reason, in which case it shall inform the Consumer Customer by e-mail and refund any amount already paid.
ART. 4 - PRICES
4.1 The prices of the Products, expressed in € (euros), are indicated on the Site and are inclusive of VAT.
4.2 Shipping costs are calculated in the summary section during the Order Procedure.
4.3 Mosaic reserves the right to modify the price of the Products and/or the shipping costs at any time; the new prices will be promptly indicated on the Site and for the Consumer Customer the amount specified therein at the time of completion of the Order Procedure will be binding. It is understood that, even in the event of a price change, the Consumer Customer, in the event of a refund, will be entitled to a refund of the amount actually incurred.
ART. 5 - SHIPPING AND DELIVERY OF PRODUCTS
5.1 Shipping costs may vary depending on the place of delivery; in any case, after the Consumer Customer has filled in the ‘Address’ fields during the Order Procedure, the relative amount will appear in the summary section.
5.2 Following the Order Confirmation and in any case within and no later than 3 (three) working days, Mosaic may inform the Consumer Customer of the temporary or permanent unavailability of one or more Products purchased by the Consumer Customer. In this case, if the unavailability is definitive, Mosaic will refund the price of the unavailable Product; if temporary, it will inform the Consumer Customer of the estimated time of new availability, who will have the right to cancel the individual Product and be refunded the amount paid.
5.3 The delivery of the Products will be carried out by means of couriers appointed by Mosaic, unless otherwise expressly agreed between the Parties; the Consumer Customer may choose from the couriers available at the time of the Order Procedure depending on the type of delivery service.
5.4 Any delivery times indicated are to be considered purely indicative and not binding.
5.5 Upon delivery, it is the responsibility of the Consumer Customer to check the contents of the shipment and the condition of the Product before signing the transport document. If the packaging is clearly damaged, the Consumer Customer must accept the Product ‘with reservation’, describing the conditions on the copy of the delivery receipt, specifying the problem found and taking photographs before opening the packaging to show the defect.
5.6 The Consumer Customer is required to report to Mosaic the damaged condition of the Product, due to transport, no later than 2 (two) working days from receipt of the Products by e-mail, attaching photographs taken of the packaging and the damaged Products.
ART. 6 - RIGHT OF WITHDRAWAL
6.1 The Consumer Customer has the right to withdraw from the purchase, in accordance with articles 52 et seq. of the Consumer Code, for all Products purchased on the Site, with the exception of personalised Products: the right of withdrawal is expressly excluded, pursuant to art. 59, letter c) of the Consumer Code, the right of withdrawal for the supply of goods made to measure or clearly personalised.
6.2 In cases other than the exception referred to in the previous point, the Consumer Customer may withdraw from the Contract, for any reason and without having to provide any justification, within 14 (fourteen) days from the date on which the Consumer Customer - or a third party designated by the latter upon receipt of the Products - acquires physical possession of the Products.
6.3 In order to exercise the right to withdraw, the Consumer Customer, within the term indicated in art. 6.2, must inform Mosaic of his/her decision to withdraw from the Contract, by:
a) filling in a return request in the reserved area. On the ‘My Account’ page there is a section called ‘My return requests’; just click on ‘Add new request’ and then enter the order reference (which can be found, if necessary, in the ‘My orders’ section).
b) using the link and the subsequent guided procedure present on the Website in the section ‘RETURNS AND REFUNDS’;
c) through any other explicit declaration of his decision to withdraw from the Contract.
6.4 In the event that the Consumer Customer exercises their right to withdraw, Mosaic will refund the full amount received from the Consumer Customer, including delivery costs, within 14 (fourteen) days from the day the Company is informed of the exercise of the right of withdrawal; Mosaic reserves the right to withhold the refund until it has received the Products, or until the Consumer Customer has proven that he/she has returned them, whichever situation occurs first.
6.5 The amount to be refunded to the Consumer Customer will in any case be reduced by the cost of returning the Products (managed and organised by Mosaic), which, pursuant to Article 57 of the Consumer Code, remains the responsibility of the Consumer Customer.
6.6 Mosaic will provide a refund using the same payment method used by the Consumer Customer for the initial transaction.
6. 7 The Consumer Customer must return the Products without undue delay and in any case within 14 (fourteen) days from the date on which he/she communicated to Mosaic his/her decision to withdraw from the Contract; the deadline shall be deemed met if the Consumer Customer sends back the Product before the expiry of the aforementioned period.
ART. 7 - LEGAL GUARANTEE OF CONFORMITY
7.1 The legal guarantee of conformity pursuant to articles 128 et seq. of the Consumer Code applies to the Products.
7.2 Mosaic is therefore liable to the Consumer Customer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within 2 (two) years of that time.
7.3 In the event of a lack of conformity of the Product, the Consumer Customer shall be entitled, alternatively, to either the restoration of conformity, or to receive a proportional reduction of the price, or to terminate the Contract.
7.4 For the purposes of restoring the conformity of the Product, the Consumer Customer may choose between repair or replacement, provided that the chosen remedy is not impossible or, with respect to the alternative remedy, does not impose disproportionate costs on Mosaic.
7.5 The Consumer Customer may also avail him/herself of the proportional reduction of the price or the termination of the contract in the cases provided for by art. 135bis of the Consumer Code.
ART. 8 - OBLIGATIONS OF THE CONSUMER CUSTOMER
8.1 The Consumer Customer is required to carefully read these General Conditions before concluding the Contract, as well as to keep a copy.
8.2 The Consumer Customer is required to provide truthful, accurate and complete information and/or data.
8.3 By completing the Order Procedure, the Consumer Customer expressly declares to be of age and have full legal capacity.
8.4 The Consumer Customer undertakes to carefully read the document containing the technical instructions for the Products and their specific characteristics, and to use the Products exclusively under the terms and conditions prescribed therein, undertaking to ask Mosaic for any clarification before completing the Order Procedure or before using the Products.
8.5 The Consumer Customer assumes all responsibility in the event of a breach of the aforementioned obligations and agrees to compensate Mosaic for any damages caused by such breaches, as well as to hold it harmless from any detrimental consequences, liability, damage and/or cost incurred by the Company as a consequence of a breach of the obligations assumed by the Consumer Customer with the acceptance of these General Conditions, also towards third parties.
ART. 9 - LIMITATION OF LIABILITY
9.1 Also in accordance with the provisions of the previous article and within the limits of the law, of art. 1229 of the Civil Code and the Consumer Code, Mosaic will not be held responsible:
a) for any direct, indirect, special, incidental and/or consequential damage deriving from improper use, failure to use and/or inability to use the Products;
b) for any damage, cost and/or loss suffered by the Consumer Customer due to delay in delivery of the Products.
ART. 10 - FORCE MAJEURE
10.1 Mosaic shall be deemed exempt from liability if it is demonstrated that the delayed or non-fulfilment of the obligations was due to force majeure or unforeseeable circumstances (including, but not limited to: failures of telecommunications and public services, power outages, shortages of raw materials, strikes and/or lockouts, measures taken by the Public Administration, impediments to circulation and/or production activities, epidemics, pandemics, natural disasters of any kind, as well as any other cause beyond its control).
10.2 In the event of force majeure or unforeseeable circumstances, within the limits of applicable law, Mosaic shall also have the right to terminate the Contract, or to suspend and/or defer its execution.
ART. 11 – GENERAL INFORMATION FOR THE CONSUMER
11.1 The Consumer Customer declares to have read the General Information provided by Mosaic to the Consumer, present on the Site.
ART. 12 - PROCESSING OF PERSONAL DATA
12.1 The personal data provided by the Consumer Client as part of the Order Procedure and/or as part of the purchase operations will be processed in accordance with the legislation on the protection of personal data, in particular in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR) and Legislative Decree no. 196 of 30 June 2003, as last amended by Legislative Decree 101/2018.
ART. 13 - INTELLECTUAL PROPERTY RIGHTS 13.1 The intellectual property rights relating to the Website, the trademarks present therein, as well as any original work, distinctive sign and/or denomination, images and/or logos, even if present on the Products, are the exclusive property of Mosaic and/or its predecessors in title. Any use and/or reproduction, even partial, is prohibited without the prior written authorisation of the Company.
ART. 14 - APPLICABLE LAW AND COMPETENT COURT
14.1 These General Conditions, the Contract and the consequent legal relationships are exclusively governed by Italian law.
14.2 The General Conditions are written in Italian; in the event of the text being translated into other languages, the Italian document shall be the only authentic and binding document between the Parties in terms of the validity of its meaning.
14. 3 Any disputes that may arise between the Parties relating to the validity, interpretation and/or execution of the Contract will be subject to Italian jurisdiction.
14.4 Any dispute between the Parties will be referred to the Court of the place of residence or domicile of the Consumer Customer if located in the territory of the Italian State.
ART. 15 - FINAL PROVISIONS
15.1 Under no circumstances may any behaviour of the Consumer Customer that does not comply with these General Conditions be considered as an exception to them, nor as tacit acceptance by Mosaic, even if not expressly contested by the Company.
15. 2 The possible ineffectiveness or invalidity of one or more articles of these General Conditions will not result in the invalidity of the remaining parts, which are to be considered valid and effective.
15.3 For anything not expressly regulated by these General Conditions, please refer to the regulations of the Civil Code and the Consumer Code.
Pursuant to articles 1341 and 1342 of the Civil Code, the Consumer Customer, after having carefully and specifically read the contents, expressly accepts the following articles: ART. 3 – CONCLUSION OF THE CONTRACT; ART. 4 – PRICES; ART. 5 - SHIPPING AND DELIVERY OF PRODUCTS; ART. 8 - OBLIGATIONS OF THE CONSUMER CUSTOMER; ART. 9 - LIMITATION OF LIABILITY; ART. 10 – FORCE MAJEURE.