Legal Notes - General Conditions of Use - General Conditions of Sale
LEGAL NOTES
- mokaite-boutique.com (hereinafter "the Website") is an Ecommerce hosted by Shopify.com
- Yumytech Sàrl (hereinafter "the Publisher") is the company responsible for publishing and marketing whose registered office is located in Switzerland - Route d'Ambilly 38 - 1226 Genève, Iscr. Reg. Imp., in Geneva under no. CHE-364.103.584 - email address: contact@mokaite-boutique.com
- Giolisà couture srls (hereinafter the "Seller"), company with registered office in Italy, Via Domenico Berti 9 - 60044 Fabriano (AN), Iscr. Reg. Imp., C.F. 0279158042 and P.IVA n. 0279158042 - email address: contact@mokaite-boutique.com
- The customer (hereinafter "the Buyer") : final physical person acting on mokaite-boutique.com.
CONDITIONS OF ACCESS AND USE OF THE SITE
Welcome to our Ecommerce mokaite-boutique.com (hereinafter "the Website"). The access and use of mokaite-boutique.com are activities governed by these General Conditions of Use.
The user will be able to access his/her account only after identification using his/her username and password.
Giolisà couture srls (hereinafter the "Seller") cannot be held responsible for any problem or malfunction of the Site that would prevent any access to the Site and/or the various services offered by mokaite-boutique.com.
This Site is managed and maintained by Yumytech Sàrl (hereinafter "the Publisher") with registered office in Switzerland, Route d'Ambilly 38, 1226 Genève, Iscr. Reg. Impr., no. CHE-364.103.584.
The Publisher shall not be held liable for any use of the Ecommerce and its contents by any of its users that does not comply with the applicable laws, without prejudice to the Publisher's liability for fraud and gross negligence. In particular, it will be solely responsible for the communication of incorrect, false or related information and data to third parties, without their consent, as well as in consideration of incorrect use of the same.
The Publisher declines all responsibility for any damage resulting from inaccessibility to the services on the Site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, data alterations, failure and/or malfunctioning of the user's electronic equipment.
If you need assistance visit the Customer Service area. You can find information about purchases, payment and shipping, refunds and returns of products purchased on mokaite-boutique.com.
For any other legal information, see the sections: General Conditions of Sale, Right of Return, Privacy Policy.
The access and use of this Website as well as the purchase of products on mokaite-boutique.com, presuppose the reading, knowledge and acceptance of these General Conditions of Use.
LINKS TO OTHER WEBSITES
The Website contains hyperlinks ("Links") to other websites that have no connection with mokaite-boutique.com or the Publisher.
The Publisher does not control or monitor such websites and their content. The Publisher shall not be held responsible for the contents of these websites and the rules adopted by them with regard to your privacy and the processing of your personal data during your navigation operations. Therefore, please pay attention when you connect to these websites through the Links present on mokaite-boutique.com and read carefully their terms of use and privacy regulations.
ACCOUNT CREATION
You have the possibility to create an account on the Website if you wish to access and benefit from our products.
The identified user has the ability at any time to change the information they wish to receive or to unsubscribe.
The identified user can also subscribe to the newsletter of the Website and receive offers from mokaite-boutique.com and has the option to unsubscribe at any time.
The creation of an account on the Website is reserved for any physical person at least 18 years of age.
All fields in the " create an account " section must be filled in except for the fields indicated as optional. Any lack of information will result a failure in the creation of an account. All information provided by the user must be correct.
When you create an account on the Website, you will receive a confirmation in the login email used during the account creation. The Publisher reserves the right to delete any account that does not comply with these terms and conditions.
ITEMS PRICE
All prices are in Euro or CHF, taxes (VAT) and import duties and taxes for Switzerland are included.
Items will be invoiced based on the rates in force at the time of placing the order and remain the property of the Seller until full payment of the price.
ORDER/PURCHASE
Any user can place an order on mokaite-boutique.com.
- Identification on the Website by creating an account (if the user is not already identified); attention the email inserted will be used as a contact email;
- Choice of products and addition to cart;
- Validation of cart contents;
- Choice of payment method and acceptance of the General Terms and Conditions of Sale;
- Validation of payment;
- The user will receive an order confirmation email.
The user will be able to see in these different steps the details of his order and its total price and correct any errors, before confirming it, validating the payment and expressing his acceptance.
The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order or which would present any form of risk in his eyes.
Any order implies acceptance of prices and description of the items available for sale.
In the absence of availability of one or more items ordered, the Seller will inform the Buyer and, if necessary, refund it within (30) thirty days after payment. The customer's order will then be automatically cancelled.
PAYMENT
Payment for purchases is made through SHOPIFY PAYEMENT or PAYPAL; mokaite-boutique.com accepts the following credit cards as payment methods: Visa, MasterCard, Carte Bleue, GPay or any other accepted card.
RETURN / REFUND OR EXCHANGE
For return, refund or exchange terms, please see the Customer Service area.
CUSTOMER SERVICE
For any information or questions, please consult the Customer Service area of the Website or send an email to contact@mokaite-boutique.com
PRIVACY POLICY
Please read carefully the Privacy Policy that also applies in case you access mokaite-boutique.com and use its services, but do not purchase any product. The Privacy Policy helps you to understand how the Website collects and uses your personal data and for what purposes.
INTELLECTUAL PROPERTY RIGHTS
The contents of mokaite-boutique.com, such as, by way of example, the works, images, photographs, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site are protected by copyright and any other intellectual property rights of the Seller and other right holders.
All other distinctive signs that distinguish the products sold and present on the Site are registered trademarks of their respective owners and are used within mokaite-boutique.com, for the sole purpose of distinguishing, describing and advertising the products for sale on the Website.
APPLICABLE LAW AND DISPUTE RESOLUTION
These General Conditions of Use are governed by European law. In case of disagreement on the application, interpretation and enforcement arising between the Publisher and each of its users/buyers, and in the absence of an amicable agreement, any dispute or litigation will be subject to the competent Italian courts in Rome.
GENERAL CONDITIONS OF SALE
1. Subject
1.1 These conditions apply to all sales and contractual relations between the Seller and the Buyer and the conditions applicable to any purchase made through the site mokaite-boutique.com. The acquisition of a product through this Website implies the unreserved acceptance by the Buyer of these conditions of sale of which the Buyer acknowledges having read before ordering. Before any transaction, it is hereby declared that the purchase of products on the mokaite-boutique.com site is limited to strictly personal use and on the other hand has full legal capacity, and has reached the age of majority allowing him to engage in these general conditions of sale.
If you are not a final Purchaser, we invite you to refrain from concluding commercial transactions on the mokaite-boutique.com website.
1.2 In order to conclude the purchase contract for one or more products on the Website, you must send a purchase order proposal to the Seller electronically by filling in the form available on the Site and following the relevant instructions. Before proceeding with the transmission of the order proposal, we suggest you check the data entered and identify and correct any errors.
1.3 The contract is concluded when your order proposal is accepted by the Seller. You will receive an email confirming the acceptance of your order proposal and the shipment of the products.
1.4 If the products, presented on the Site, are no longer available or on sale at the time of receipt or processing of your purchase order proposal, the Seller will inform you of the unavailability of the products. If you have already paid the price for the products, the Seller will refund within (30) thirty days, without undue delay, what you have already anticipated and the sales contract will be considered terminated.
1.5 The Seller reserves the right to modify these terms and conditions of sale at any time in order to comply with any new regulations or to improve the use of its Site. Therefore, the applicable conditions will be those in force on the date of the order by the Buyer.
1.6 Before transmitting the order proposal, we remind you to read carefully the General Conditions of Sale, the General Conditions of Use, the Privacy Policy and the Right of Return Policy.
2. Products
2.1 The Seller sells only top quality products. These products are packaged directly by manufacturers carefully selected for their strict quality controls.
2.2 The products offered are those that appear on the website mokaite-boutique.com owned by the company GIOLISÀ COUTURE srls, while stocks last the Seller reserves the right to change the assortment of products at any time. Each product is presented on the Site in the form of a description containing its main technical characteristics. The photographs are as faithful as possible but do not bind the Seller.
The sale of the products presented on the Website is intended only for the countries included among those displayed on the Website at the time of creation of the account. Purchase requests from other countries cannot be accepted by the Seller.
3. Rates
3.1 The prices that appear on the product sheets of the catalogue on the site mokaite-boutique.com are prices in Euro or in CHF including taxes (VAT), applicable on the day of order. The Seller reserves the right to change its prices at any time, it being understood that the price in the catalogue on the day of the order will be the only one applicable to the Buyer.
3.2 Shipping is free of charge for orders over Euro/CHF 100,--. For any delivery outside the area, the forwarder may request an extra amount from the Buyer.
4. Order and payment methods
4.1 Before any order, the Buyer must create an account on the website mokaite-boutique.com. At each visit, the Buyer, if he wishes to order or consult his account (order status, profile, etc.), he must login to identify himself.
Payment for purchases is made through SHOPIFY PAYEMENT or PAYPAL; mokaite-boutique.com accepts the following credit cards as payment methods: Visa, MasterCard, Carte Bleue, GPay or any other accepted card.
To proceed with the payment, securely enter your Paypal account or personal credit card references. If the payment is accepted, the order is registered and the contract definitively formed.
4.2 This information will never be used by the Seller except to complete the procedures relating to your purchase and to issue refunds in the event of any returns of products, following the exercise of your right of return.
4.3 The confirmation of an order implies the acceptance of these general conditions of sale, the acknowledgement of having a perfect knowledge of it and the renunciation of the use of one's own conditions of purchase. All the data provided and the registered confirmation will constitute proof of the transaction.
4.4 The Seller will send the Buyer an email confirming the registration of his order to the email address entered by the Buyer when creating his account.
If the Buyer wishes to contact GIOLISÀ COUTURE srls, he may do so by email to the following address: contact@mokaite-boutique.com.
5. Retention of title
The company GIOLISÀ COUTURE srls maintains full ownership of the products sold until full payment of the price, in principle.
6. Customer service
If you have any questions or further information please consult the Customer Service area.
7. Right of return
7.1 Persuant to the EU legislation of the Consumer Code, the Buyer has a period of 14 (fourteen) working days from the delivery of his order to exercise the right of return and then return the product to the Seller for exchange or refund without penalty. The only costs of return will be charged at the Buyer's borne.
7.2 Returns must be made in their original condition and complete (product(s), accessories, original packaging, etc..), attaching the completed Return Form, accompanied by the purchase document, allowing new conditions to allow their re-sale.
7.3 Products worn, damaged, dirty or incomplete will not be refunded.
For packages from European Union countries the shipping address is as follows: GIOLISÀ COUTURE srls, Via Domenico Berti 9, I-60044 Fabriano (AN)
For packages from Switzerland, (subject to customs), the shipping address is as follows: YUMYTECH Sàrl, Route d'Ambilly 38, CH-1226 Genève
In case of damage to the goods during transport, GIOLISÀ COUTURE srls or YUMYTECH Sàrl will notify the Buyer, to allow him to promptly file a complaint against the forwarder he has chosen and obtain the relative refund; the product will then be made available to Buyer, at the same time cancelling the return request.
GIOLISÀ COUTURE srls will not be liable in any way for damage, theft, loss occurred during or in any case depending for return.
7.4 In order to exercise the right of return the Buyer must send a comunication to mokaite-boutique.com to this effect, within the indicated deadlines, to the following email address contact@mokaite-boutique.com, fill out and send back the appropriate Return Form received together with the product.
7.5 Read the Right of Return in the Customer Service area which is an integral part of these General Conditions of Sale.
8. Time and method of refund
8.1 Whatever the method of payment of the Buyer, the refund due, in whole or in part, is activated by the Seller, in the shortest possible time and in any case within (14) fourteen days from the date on which the Seller became aware of the exercise of your right of return after verification of the correct execution of your right of return and verification of the returned products.
8.2 The Seller shall make the refund using the same method of payment as the Buyer used to purchase the returned products, unless the Customer/Buyer has expressly agreed with the Seller to use a different method of payment and provided that the Buyer does not incur any additional costs as a result of the refund.
8.3 Any return from Switzerland must be sent to the address mentioned in the Return Policy area to avoid the payment of customs charges that will be deducted from the total amount of the refund in case of address error.
9. Delivery
9.1 With regard to deliveries required in countries outside the European Union (Switzerland), any customs import charges will already be included in the purchase price.
9.2 Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are placed by courier, traceable delivery service, delivery without signature. Delivery times are indicated for information purposes only; if they exceed (30) thirty days from the order, the sales contract may be terminated and the Buyer refunded. Seller may provide Buyer with the tracking number of its package by email.
9.3 The risks related to the transport shall be borne by the Buyer from the moment the items leave the premises of the company GIOLISÀ COUTURE srls. The Buyer is required to check, in the presence of the forwarder's employee, the conditions of the packaging of the goods and its contents on delivery and be immediately detected.
In case of damage during transport, any complaint must be submitted to the Seller within (3) three days after delivery by email to the following address: contact@mokaite-boutique.com
10. Warranty
All products sold by the company GIOLISÀ COUTURE srls are covered by the warranty of 24 (twenty-four) months for defects of conformity, in accordance with EU regulations of the Consumer Code.
All complaints, exchange or refund requests should be sent by email to the following address: contact@mokaite-boutique.com
To benefit from warranty service, we recommend that you always keep the purchase document that you find in the product packaging, as well as the receipt of payment, documents confirming shipment and delivery of the product.
The warranty for defects of conformity will apply provided that the product has been used correctly, in accordance with its intended use and as provided in the instructions for use and washing present in the product.
In case of lack of conformity you have the right to request the repair or replacement of the product. In the event that the above remedies are not possible or are excessively expensive, you will be entitled to a reduction in the price paid or termination of the sales contract.
11. Liability
The company GIOLISÀ COUTURE srls, in the process of distance selling, is bound only by an obligation of means. It cannot be held liable for damages resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruptions or other unintentional problems.
12. Intellectual Property
All elements of the Site are and remain the intellectual and exclusive property of the company GIOLISÀ COUTURE srls. No one is authorized to reproduce, exploit or use for any reason, even partially, elements of the Site in the form of photos, logos, images or text.
13. Personal data
The Publisher undertakes to manage, to preserve the confidentiality of the information provided by the Buyer, which would be transmitted for the use of certain services. All information concerning him is subject to the information on the processing of personal data in accordance with EU Regulation 2016/679 (General Regulation on the Protection of Personal Data). As such, the Internet user has the right to access, modify and delete information concerning him/her. You may submit your request at any time by email to the following address: contact@mokaite-boutique.com
14. Privacy
14.1 You can obtain information on how we process your personal data by accessing the Privacy Policy.
14.2 Please read our General Terms and Conditions of Use.
14.3 For any other information about our Privacy Policy you can send requests to the following email: contact@mokaite-boutique.com
15. Dispute Resolution
15.1 This is the case of substantive rules as well as rules of form. In case of dispute or complaint, the Buyer will first contact the Seller to obtain an amicable solution.
15.2 These terms and conditions of distance selling are subject to the EU regulations of the Consumer Code.
15.3 All disputes or litigation will be subject to the competent Italian court in Rome.
