These General Conditions of Shipment are drafted in compliance with Legislative Decree no . n. 206 of 06.09.2005 (so-called Consumer Code).
Shipping costs are charged to the User.
Packages are generally sent within 3 days of receipt of payment and are shipped by courier with tracking. Shipping costs include handling and packaging charges and postal charges. Operating costs are fixed, while transport costs vary depending on the total weight of the shipment. We therefore recommend that you group the various items in one order.
The User acknowledges that the withdrawal of the products represents an obligation deriving from the sales contract concluded with ModAlyssa.
Deliveries will be made by express courier from Monday to Friday, excluding national holidays. The use of different delivery methods can be decided by ModAlyssa depending on the nature of the product ordered. In this case the variation will be communicated to the User by e-mail.
Upon delivery of the products to the courier, the User will receive, by e-mail, a confirmation message from ModAlyssa, which will expressly indicate the name of the courier used and the details of the shipment.
The Products will be delivered to the postal address specified by the User in the order form.
The terms of delivery indicated on the site are indicative and should not be considered essential, since they are dependent on several factors.
The delivery of the products is considered completed when the User physically enters the possession of the products; from that moment, as per law, the risk of loss of damage to products, due to reasons not attributable to ModAlyssa, is transferred to the User.
In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a notice to certify the delivery attempt. The notice will indicate the data to contact the courier and to define an appointment for delivery.
If the User fails to contact the courier to arrange a new delivery within about 4 days, the products will be returned to ModAlyssa
In the event that the products will be returned to ModAlyssa, the contract shall be deemed terminated by right pursuant to art. 1456 cc, with a simple communication of ModAlyssa sent by e-mail to the User, and, therefore, the order in effect will be canceled.
Within 15 days from the aforementioned communication, ModAlyssa will proceed, therefore, to the reimbursement of the total amount paid by the User for the products, minus the costs of the unsuccessful shipment, the costs of returning the products to ModAlyssa and any other expenses that ModAlyssa has claimed due to the lack of delivery depended on the absence or inaction of the User in the fulfillment of the obligation to receive delivery.
The reimbursement due under Article 8.10 will be credited to the same payment method used by the User.
Following the communication of cancellation of the order, the User intending to request the delivery of the products will have to proceed with a new order.
ModAlyssa reserves the right to refuse orders from Users in respect of which the same has previously relied on the termination clause for failure to comply with the obligation to receive the delivery of products.
It is up to the User to check the conditions of the products delivered. Upon receipt of the products, the User is obliged to check the conformity of the same, paying attention, in particular that:
- the number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
- the packaging is intact and undamaged, neither tampered with.
Any anomalies found (such as, for example, tampering, damage to the package) must be specifically indicated in writing on the courier transport document and the User must refuse the delivery of the products. At the same time, the User will be required to report the fact to ModAlyssa. The User is therefore invited to sign the transport document only after the checks. If the User does not proceed in accordance with the verification, and therefore accepts the delivery of the products even in the case of damaged or tampered packaging, the same will expire from the warranty.
If not satisfied with the purchase for any reason, the user can return the purchased products within 14 days from the date of receipt of the products.
The right of withdrawal is not provided for Users who are not Consumers residing within the EU.
Modalyssa offers its users the opportunity to return products free of charge by accessing their personal area and clicking on "Returning the product", selecting the order for which you want to cancel and define the products to be returned.
The user has 14 calendar days from the date of receipt of the package to perform this operation.
Following the return request, an e-mail will be sent confirming the start of the procedure.
The withdrawal form must be signed by the User and contain the indication of the personal data of the same, the order number to which it refers, as well as the Products in relation to which you intend to exercise the withdrawal, identified by quantity, article description and relative price, as reported in the order summary.
If the return of the product is consequent to a defect of the same, the User must attach to the withdrawal form a photograph of the product made in the part or parts of the product in which such defect is detectable.
Alternatively, the User may prepare an independent communication, provided that it is complete with all the elements included in the standard withdrawal form.
The notice of withdrawal without the requirements listed above, or received after the deadline of 14 days will be considered without effect.
The notice of withdrawal must also be confirmed by registered letter with acknowledgment of receipt to:
Modalyssa Store by RA - Via di Mezzo 9 - 25079 Carpeneda di Vobarno (BS) - Italy
within the following 48 hours or if you have a certified e-mail account (PEC), simply write to firstname.lastname@example.org.
As required by current legislation, the emails sent by a PEC account have the value of registered mail.
Within 14 days from the sending of the withdrawal form, the User must return the Products purchased to Modalyssa. The User must return the complete products of any accessories, documentation and user manuals. The identification tag and / or labels, if any, must still be attached to the Product at the time of return.
The shipping costs for the return will be free provided that the user uses the courier and shipping method indicated by Modalyssa.
Modalyssa reserves the right not to accept the return of Products if they are not intact, provided with the original packaging and in conditions that allow the resale, unless the handling of the Products that caused the damage was not necessary to establish the nature , the characteristics and functioning of the Products.
In the event that the Product is not in a condition to allow resale, the Company will return it to the User and charge the costs incurred for the return of the same.
In case of regular exercise of the right of withdrawal, Modalyssa will reimburse the User for the total amount paid, including delivery costs (with the exception of additional costs arising from the possible choice of the latter of a different type of delivery from the less expensive standard offered by Modalyssa), by crediting on the same payment method used for the purchase, unless the User has expressly agreed otherwise (in any case, the latter will not incur any cost as a consequence of such reimbursement), within fourteen days from receipt of the completed withdrawal form.
In any case, Modalyssa will not proceed with the reimbursement until the return of the returned Products or until the demonstration by the User of having returned the returned Products.
In case the payment is made with cash on delivery, the refund will be made by bank transfer on c / c indicated by the buyer in the communication of the withdrawal. The right to cash is not reimbursed.
If the purchase was made using a discount code, the amount of the discount will not be reimbursed, the refund will be related only to the amount actually spent.
If the returned product is returned using a different courier, all shipping costs will be charged to the customer / user.
Please note that the product must be returned in a state of substantial integrity (for example, the products must be clean, free of scratches, dent damage, abrasions.The products must be returned in the original packaging with the accessories, components and illustrative materials contained in the original packaging). If this is not the case, Modalyssa reserves the right to refuse the withdrawal.
Pursuant to art. 57, paragraph II, of the Consumer Code, the user is responsible for the decrease in the value of the products resulting from a handling of the same products other than that necessary to establish the nature, characteristics and functioning of the goods. In this case, Modalyssa reserves the right to ask the user to recast the impaired value.
For the exercise of the right of withdrawal it is not required that the goods to be returned is insured against theft and accidental damage by transport. However, since the risk inherent in the return of the goods weighs on the buyer, Modalyssa invites the buyer who intends to exercise the right of withdrawal to insure, at its own expense, the shipment for the value indicated in the e-mail order confirmation of purchase.
Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale concerns tailor-made or customized products or which by their nature can not be returned or are liable to deteriorate or expire rapidly, or sealed goods that do not they are liable to be returned for hygienic reasons or related to health protection and have been opened after delivery.