Terms of sale
Contract for online sales
1. Identification of Moss Design (registered trademark of Digitalandcopy SaS)
1.1. The services covered by these general conditions are offered for sale by Digitalandcopy SaS di Matteo Parapini, with registered office in Vignate (MI), via Monzese, 40, registered with the Milan Chamber of Commerce under no. 1906410 in the Business Register, CF no. 06655400965 VAT number 06655400965 - certified e-mail address email@example.com.
1.2. The expression "online sales contract" means the relative contract of Digitalandcopy sas, for the sale of the Products offered online and stipulated between them and the Customer in the context of a remote sales system through telematic tools, on the website www.mossdesign.shop owned by Digitalandcopy sas.
1.3. The expression "Customer" means the subject, natural or legal person, association or entity) who purchases the products indicated and offered for sale on the mossdesign.shop site.
1.4. The expression "Moss Design" means the person indicated in the epigraph or the person providing the information services.
1. Subject of the online contract
2.1. With this contract, respectively, Digitalandcopy sells and the Customer purchases remotely through telematic tools the printing services indicated and offered for sale on the website www.mossdesign.shop
2.2. The products referred to in the previous point are illustrated on the web page www.mossdesign.shop and subject to changes that unilaterally Moss Design reserves the right to make at any time prior to the conclusion of each online contract.
2.3 Each order implies the express and unreserved acceptance of the Customer to these general conditions of sale, which from that moment constitute an integral and essential part of the online contract.
1. How to stipulate the contract
The contract between Moss Design and the Customer is concluded exclusively through the internet by accessing the Customer at www.mossdesign.shop, where, following the procedures indicated, the Customer will formalize the purchase proposal. of bei and / or services selected by completing the exact application form.
1. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact compilation of the request form and the receipt of the order confirmation by the Staff, which will be evident to the Customer by viewing a web page summarizing the order, printable, in which they are given the details of the orderer and the order, the price of the Products purchased, any shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times.
4.2. When Moss Design receives the order from the Customer, it sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point and in any case it will not be executed in the absence of prior payment.
1. Methods of payment and refund
5.1. Any payment by the Customer can only be made by means of one of the methods indicated in the specific Moss Design web page, following the instructions on the site for the purchase procedure.
5.2. Any reimbursement to the Customer will be credited through one of the methods proposed by Moss Design and chosen by the Customer, in a timely manner and at the latest within 30 days from the date on which Moss Design has recognized the right.
5.3. All communications relating to payments take place on a special Moss Design line protected by an encryption system. Moss Design does not manage payments by credit card and PayPal which are entrusted to an external financial intermediary.
1. Delivery times and methods
6.1. Upon receipt of payment in the manner referred to in Article 5 above, Moss Design will deliver the selected and ordered products, in the manner chosen by the Customer or indicated on the website at the time of the offer by Moss Design.
6.2. Shipping methods, times and costs are clearly indicated and highlighted at www.mossdesign.shop
6.3. Shipping times are to be understood in working days and may vary from the day indicated in the order and from the confirmation of the same. In the event that Moss Design is unable to ship within the specified deadline, the Customer will be notified by e-mail. Therefore, even the delivery time indicated in the order confirmation is to be understood as merely indicative, pursuant to art. 1184 cc, without prejudice to the commitment of Moss Design to do everything in its power in order to comply with the times indicated on the site
6.4. Upon delivery of the goods by the courier, it is advisable to sign "WITH RESERVE" to be able to make a formal complaint in the event of damaged goods. Without "ACCEPTANCE WITH RESERVE" it is not possible to contest the goods at a later time as the couriers who may have caused the damage are not required to pay compensation.
1. Right of Withdrawal - Information
In case of purchases of Products or Services as a Consumer, as defined by art. 3 paragraph 1 letter. a) of the Consumer Code, that is a natural person who buys the Products offered for sale on the website www.mossdesign.shop for purposes unrelated to his entrepreneurial, commercial, craft or professional activity that he may carry out, the sector legislation provides for the right to withdraw from the contract, without penalty and without indicating the reasons, within 14 days from the delivery of the Product, or from when the customer or a third party, other than the carrier and designated by you, acquires physical possession of the goods; in the case of choosing the Mailing Service, the withdrawal period starts from the conclusion of the contract, which takes place with the order confirmation email sent by Moss Design to the user.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an explicit declaration (for example, a letter sent by post, fax or e-mail) within the period indicated.
The communication can be sent to:
Via Monzese, 40
20060 Vignate (MI)
To comply with the exercise of the right of withdrawal, it is also necessary to return or deliver the products to us, within 14 days from the notice of withdrawal. The costs of returning the Products are charged to the Consumer
If the right of withdrawal is exercised promptly and in the manner indicated, all payments made to us will be reimbursed, including delivery costs (with the exception of additional costs deriving from your choice of a type of delivery other than the least expensive type. of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, it will not have to incur any costs as a consequence of this reimbursement.
Pursuant to art. 56, paragraph III, legislative decree 06.09.2005, n. 206 (Consumer Code), Moss Design has the right to withhold the reimbursement until it has received the Products or until the user has demonstrated that he has returned the Products, depending on which situation occurs first.
1. Exclusion of the right of withdrawal
to. Pursuant to art. 59 lett. c) of the Consumer Code, for distance contracts and contracts negotiated away from business premises, the right of withdrawal is expressly excluded in the case of "supply of goods made to measure or clearly personalized", such as goods made to order by the customer and customized for him (by way of example but not limited to: 3D writings and logos, signs and related products in which the graphics and contents have been customized)
In such cases the right of withdrawal pursuant to art. 7 is excluded, both on the good purchased in its entirety and in its parts.
b. No right of withdrawal is granted in sales made to non-consumer customers, as identified in paragraph 1 of the previous article and to subjects who make purchases with a VAT number.
9.1. All sales prices of the services displayed and indicated on the website www.mossdesign.shop are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
9.2. The sales prices referred to in the previous point are shown net of VAT with separate addition of the VAT amount (including VAT) and any other tax. Shipping costs and any additional charges (for example: customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Customer and also contained in the web page summarizing the order placed.
9.3. The prices indicated for each of the services offered are valid until the date indicated on the website.
1. Guarantees and methods of assistance
10.1. Moss Design, in compliance with the legislation for the protection of the Consumer (articles 129-135), is liable for any lack of conformity, as indicated by art. 129 Consumer Code, existing at the time of delivery or which occurs within 2 years from the same.
10.2. The consumer customer loses all rights if he does not report the lack of conformity to the seller within 60 days from the date on which the defect was discovered.
10.3. In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement by Moss Design, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for Moss Design pursuant to art. 130, paragraph 4, of the Consumer Code.
10.4. The request must be sent in writing, by registered letter with return receipt or by certified e-mail, to Moss Desig, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, where Moss Design has accepted the Customer's request, it must indicate the shipping or return methods to Moss Design as well as the deadline for the return or replacement of the defective product.
10.5. If the repair and replacement are impossible or excessively expensive, or Moss Design has not repaired or replaced the product within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Customer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Client must send his request to Moss Design, which will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
10.6. In the same communication, where Moss Design has accepted the Customer's request, it must indicate the proposed price reduction or the methods for returning the defective product. In such cases it will be the Customer's responsibility to indicate how to re-credit the sums previously paid to Moss Design
10.7 For sales to non-consumer customers, the current legislation on the subject will be applied and in particular from articles 1490 to 1495 cc
1. Limitation of Liability
11.1 Moss Design will not be liable towards the Customer and / or beneficiary of the service if different, for damages of any kind, both direct and indirect, deriving from any errors, of any nature, not attributable to it in the printing of the file sent by the customer or resulting from the receipt of wrong material. In such cases Moss Design will only be required to make a single reprint of the material. Likewise, Moss Design will not be responsible for damages, direct or indirect, due to the non-delivery and / or delayed delivery of the material, nor will it be responsible for any deterioration of the packaging; in such cases it will only be required to make a single reprint of the material provided that the package is accepted by the customer 'subject to defects' which must be listed on the receipt issued by the courier and communicated to Moss Design by fax or email to the address firstname.lastname@example.org, under penalty of forfeiture, within seven days of receipt of the package. Any errors in printing or packaging of the material must be reported to the email email@example.com with attached digital photographic documentation, taking care to indicate the reference order number in the object, within eight days of receipt of the material. For emails received no later than 4pm on a business day, we will respond within eight hours.
11.2 The Customer assumes the authorship of the contents subject to printing, exempting the company Moss Design from the obligation to examine them and therefore assuming any responsibility towards third parties who may complain of damage to the image, honor, decorum, moral integrity or in any case, any pecuniary and non-pecuniary damage causally connected to the printing subject of the contract. The company Moss Design reserves the right to indemnify the client in the event that claims for compensation are formulated directly against him.
11.3 Moss Design assumes no responsibility for disservices attributable to force majeure, if it fails to execute the order within the time stipulated in the contract.
11.4 Moss Design cannot be held liable to the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
11.5 Moss Design will also not be responsible for damages, losses and costs suffered by the Customer as a result of the non-execution of the contract for reasons not attributable to him.
11.6 Moss Design assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
11.7 In no case can the Customer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by Moss Design
1. Customer Obligations
12.1. The Customer undertakes to pay the price of the service purchased within the times and methods indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Customer undertakes to print and keep this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Customer, who acknowledges it, as this step is made mandatory before confirming the purchase.
1. Causes for termination of the contract
The obligations referred to in point 12, assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by Moss Design at point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in termination of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling
Moss Design will not be liable towards the client (Customer) and / or beneficiary of the service if different, for damages of any kind, both direct and indirect, deriving from any errors, of any nature, in the printing of the file sent by the customer or deriving from receiving the wrong material. In such cases Moss Design will only be required to make a single reprint of the material. Likewise, Moss Design will not be responsible for damages, direct or indirect, due to the non-delivery and / or delayed delivery of the material, nor will it be responsible for any deterioration of the packaging; in such cases it will only be required to make a single reprint of the material provided that the package is accepted by the customer 'subject to defects' which must be listed on the receipt issued by the courier and communicated to Moss Design by fax or email to the address firstname.lastname@example.org, under penalty of forfeiture, within eight days of receipt of the package. Any errors in printing or packaging of the material must be reported to the email email@example.com with attached digital photographic documentation, taking care to indicate the reference order number in the object, within seven days of receipt of the material. For emails received no later than 4pm on a business day, we will reply within eight business hours.
1. Responsibility of the client
The customer assumes the paternity of the contents to be printed, exempting the company Moss Design from the obligation to examine them and therefore assuming any responsibility towards third parties who may complain of damage to the image, honor, decorum, moral integrity or in any case, any pecuniary and non-pecuniary damage causally connected to the printing subject of the contract. The company Moss Design reserves the right to indemnify the client in the event that claims for compensation are formulated directly against him.
1. Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, Moss Design informs the Customer that each order sent is stored in digital / paper form on the Moss Design server itself, according to criteria of confidentiality and security.
1. Communications and complaints
Written communications directed to Moss Design and any complaints will be considered valid only if sent by registered letter to the following address: Via Monzese, 40 20060 Vignate (MI), or sent by e-mail to the following address: firstname.lastname@example.org or via pec: email@example.com. The Customer must indicate in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the communications of Moss Design to be sent.
1. Disputes and Jurisdiction
For all disputes relating to the interpretation and / or execution of this contract, the parties recognize the exclusive territorial jurisdiction of the Court of Milan, regardless of the place of conclusion of the contract, the domicile of the client, the place of payment even if by means of draft and / or rb, subject to compliance with the consumer's forum, i.e. that of the place of residence, in cases where the sale is made to the consumer customer (Article 3 paragraph 1 letter a).
Without prejudice to the Customer's right to promote mediation procedures in advance pursuant to Legislative Decree no. 28. according to current legislation
1. Applicable law and reference
17.1. This contract is regulated by the Italian law.
17.2. Although not expressly provided for here, the laws applicable to the relationships and cases provided for in this contract, and in particular art. 5 of the Rome Convention of 1980.
The "Data Controller" (hereinafter Owner) is Digitalandcopy sas, (PI 0665540096) with registered office in via Monzese, 40 - Vignate (MI). Contact information below: E-mail: firstname.lastname@example.org
1. Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.