Terms and Conditions of Sale
Mobilia Srl, with registered and administrative office in Cicagna, via Ponte Baccioni 34/36/38 – 16044 and VAT/Tax ID 01094790993, is the owner of the website www.mobiliaonline.com. These terms and conditions of sale are governed by the Consumer Code (Legislative Decree No. 206/2005), Section II Distance Contracts (Articles 50 – 67) and the Regulations on Electronic Commerce (Legislative Decree No. 70/2003). These general online terms and conditions of sale regulate the contract of sale (hereinafter, the “Contract”) of products (hereinafter, the “product” or “products”) offered by Mobilia Srl through the website www.mobiliaonline.com (hereinafter, the “Site”) to site users (hereinafter, the “Customers” or the “Customer”). These general terms and conditions of sale aim to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store www.mobiliaonline.com in accordance with current regulations on e-commerce and distance contracts. The customer declares to have read all information and general terms and conditions of sale before placing the order. The contract stipulated between Mobilia Srl and the Customer must be considered concluded with the acceptance, even partial, of the order by Mobilia Srl itself. By placing an order in any of the foreseen ways, the Customer declares to have read all the information provided to him during the purchase procedure and, consequently, to fully accept the general conditions and payment terms transcribed below. – It is strictly forbidden to enter false and/or invented personal data in the data collection forms, necessary for the fulfillment of the order. It is also forbidden to enter third-party data or make multiple registrations relating to a single Customer. The Supplier reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all Customers. – Once the online purchase procedure is completed, the Customer will print or save an electronic copy and, in any case, keep these general terms and conditions of sale in compliance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling. The forwarding of the order confirmation, therefore, implies full knowledge of the same and their full acceptance. – Any right of the Customer to request compensation for damages or indemnity from the Supplier, as well as to attribute any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded. The technical and functional characteristics relating to the products published on the Site are those communicated by the respective manufacturers. The images of the products are indicative and not binding. The photographs and presentation videos of the products accompanying the descriptive information are published on the Site for descriptive purposes, taking into account that the quality of the images, including an exact visualization of the color variations, may depend on the hardware and software tools used by the Customer during the consultation of the site. The price seen on the Site in the individual product sheets does not include delivery costs invoiced separately, which will be indicated in the order confirmation. Products are not supplied on trial. For deliveries within the European Union, the prices indicated include VAT applicable on the day of the order: they are therefore indicated including VAT. No customs duty or VAT will be payable for a delivery within the European Union.
Order Acceptance
– The contract will only be concluded upon order confirmation by Mobilia Srl. The customer will receive an email notification of receipt confirming the order with all the constituent elements of the contract (ordered products, prices, delivery dates, shipping costs, etc.). – Mobilia Srl reserves the right not to confirm an order for any reason related in particular to a Product supply problem, or a problem concerning the order itself.
Order Payment
– Payment for purchased Products and related shipping costs must be made by the Customer using the following methods: Credit Card, Paypal, Bank Transfer. – Payment by bank transfer must be credited to our bank account within 10 working days from the date of the order. After this date, the order will be considered cancelled. Ordered Products will be shipped only after the bank transfer has been credited to the bank account. The customer undertakes to provide the exact shipping and billing address details: in case of incorrect submission of these data, all additional costs for recovery and re-shipment will be borne by the purchasing Customer.
Delivery Service
Purchased Products, if delivered by express courier or professional carrier, will be delivered to the address indicated by the Customer as the destination address. Delivery is considered completed when the Product is delivered to the Customer: the delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods. The customer is recommended to check the condition of the products and the number of packages delivered before signing the transport document. In the case of particularly bulky items, or in any case where verification is not possible at the time of delivery, it is the customer's duty to sign the delivery documents with reservation; if the signature is digital, have a note inserted by the carrier. Packages accepted without reservation are considered fully accepted; in case of damage to the goods, the return costs will be entirely borne by the customer. If anomalies are found, the Customer must refuse delivery of the products or write down their detailed and dated reservations. Orders for products in stock are processed within 2/7 days. For out-of-stock products, we will communicate the estimated times. Delivery times are valid provided there are no physical or structural impediments (e.g., incorrect addresses) or force majeure events. Product delivery is always understood as street-level. Assembly and delivery to the floor are not included unless such service is requested and agreed upon in writing.
Right of Withdrawal
The customer can exercise the right of withdrawal within 10 working days from delivery by sending a certified email or a registered letter with return receipt to, and it cannot be exercised for "goods made to measure or clearly personalized". All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by Mobilia Srl. The product must not have been used, nor have suffered even minimal damage, must be perfectly clean and in resalable condition. Shipping will be at the customer's expense, and the refund will be executed by Mobilia Srl after verifying the condition of the goods. In case of damage caused by the carrier, communication will be given to the customer who will have to claim against the carrier; the Product will be made available to the Customer for its return, simultaneously canceling the withdrawal request. No liability is accepted for damage or theft and loss of goods returned with uninsured shipments.
Warranty
Only the material integrity of the Products at the time of Delivery is guaranteed; any reports must be received within 3 days of delivery. The customer will only be entitled to the replacement of the damaged product, subject to their return; shipping costs will be borne by Mobilia Srl. Technical assistance and warranty interventions on the Products are carried out, where applicable, by the individual Manufacturers, according to the terms and conditions reported in the documentation attached to the Products themselves.
Personal Data Protection
Mobilia Srl is the owner of the personal data collected at the time of registration on the Site, as well as those subsequently communicated at the time of purchase by the Customer, with the exception of data relating to the payment procedure for which reference is made to the Banking Institutions through which the transaction takes place.
Electronic Signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature. Integrality of the contract These general conditions of sale constitute the integrality of the obligations of the parties. No other general or particular condition communicated by the Customer may be inserted or deviate from these general conditions.
Intellectual and Industrial Property
Mobilia Srl holds the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog and, in particular, the photographs for which it has obtained the necessary authorizations from the interested parties. Consequently, partial or total reproduction, on any type of support, of the elements that make up the site and the catalog, their use, and their transfer to third parties are formally prohibited.
Nullity
Should one or more provisions of these general conditions be considered invalid or declared as such in application of a law, regulation, or following a definitive decision taken by a competent jurisdiction, the other provisions will retain their full force and value.
Applicable Law LTS
The sales contract between the Customer and Mobilia Srl is understood to be concluded in Italy and governed by Italian law.
Competent Court
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory legal provisions for consumer protection (as defined in Article 1 letter b) of Legislative Decree 22 May 1999 no. 185), any dispute however connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Genoa.
Online Dispute Resolution for Consumers
Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link: http://ec.europa.eu/consumers/odr/. The Owner is available to answer any questions sent via email to the email address published in this document.
