terms and conditions

This site is owned by the company Modalyssa Store of RA , with headquarters in via di Mezzo 9 -25079 Carpeneda di Vobarno (Bs) - Italy, (hereinafter referred to as "Modalyssa") and is dedicated to the marketing of apparel products, accessories and housewares.

Access to the Site and its use are subject to the following Terms and Conditions and to applicable legislation.

By accessing and browsing the Website, the user accepts without limitation or reservation the Terms and Conditions.

 

General conditions


The General Conditions will also be applicable to new types of Services, which will be provided in the future by Modalyssa .


The user is asked to print a copy of the General Conditions and / or to store them on a durable medium.  

 

It is allowed to register only to consumer users individuals who have legal age.

 

"Consumers" means natural persons who access Modalyssa for purposes not related to commercial, entrepreneurial or professional activity carried out.

 

Therefore the provisions contained in the Legislative Decree will be applicable. n. 206 of 6.9.2005 ("Consumer Code"), in addition to those generally applicable to the type of service provided by Modalyssapursuant to Legislative Decree no. n. 70 of 9.4.2003 on information society services and electronic commerce.  

These General Conditions apply to all sales made by Modalyssa on the Website.

The General Conditions can be changed at any time, except for the user's right of withdrawal.

Any changes and / or new conditions will be effective from the time of their publication in the " Terms and Conditions of Use " section of the Website.

To this end, we invite users to regularly access the site and check the publication of the most updated General Conditions.

The applicable General Conditions are those in force on the date of sending the purchase order.

In the event that the user does not intend to accept the changes to the General Conditions, he / she will be entitled to withdraw by giving notice by registered letter with acknowledgment of receipt or e-mail with 7 days notice.

The continued use of the Service after the 7-day deadline is a manifestation of the willingness to accept the General Conditions.

These Terms and Conditions govern the sale of products and / or the provision of services by Modalyssa and not from other subjects that are present on the Site through links, banners or other hypertext links.

Before making commercial transactions with such subjects it is necessary that the user verify their terms of sale.

Moda l yssa is not responsible in any way for the provision of services and / or for the sale of products by such subjects.

On websites that can be consulted via these links, Modalyssa does not carry out any checks and / or monitoring.

Modalyssa is therefore not responsible for the contents of these sites nor for any errors and / or omissions and / or violations of the law by the same.

Registration and Purchase Order

To make a purchase order, you must register on the Site, creating an account on Modalyssa, by clicking on the " Register for free" box on the home page of the Website and by applying the General Conditions.

Failure to accept the General Conditions will make it impossible to register on the Website and make purchases on Modalyssa .

Registration on the Site is free.

To register, the user must complete the registration form, inserting name, surname, an e-mail address and a password (hereinafter the "Registration Credentials").

Registration is confirmed by e-mail sent to the address provided by the user.

You can make a single registration per user.

Multiple registrations will be deleted.

Registration Credentials must be used exclusively by the user and can not be transferred to third parties.

The user must notify Modalyssa without delay in case of suspected improper use of the same.

The Registration Credentials may be modified by the user at any time by accessing the Website in the "Your account" section.

The user guarantees that the Registration Credentials provided during the registration procedure on the Site are complete, correct and truthful.

The user agrees to keep Modalyssa unharmed from any obligation to compensate, resulting sanction and / or in any way related to the violation by the user of the rules on registration to the Site.

The user is solely responsible for accessing the Site through the Registration Credentials and is directly responsible for any damage or injury caused to Modalyssa or to third parties by improper use, loss, misappropriation by others or non-protection adequate secrecy of their Registration Credentials.

All transactions carried out through the Registration Credentials are considered as carried out by the Customer to whom the Registration Credentials refer.

In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, Modalyssa informs the user that:

 

  1. to conclude the contract for the purchase of one or more products on the Site, the user must register on the site fill out an order form in electronic format and transmit it to Modalyssa, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different phases of the purchase;

 

  1. the contract is concluded when Modalyssa records the order form, after checking the correctness of the data relating to the order and payment;

 

  1. before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in data entry, following the instructions indicated on the Site from time to time and which will accompany the different phases of the purchase;

 

  1. once the order form is received, Modalyssa will send the user to the e-mail address indicated a confirmation e-mail containing the summary of the General Conditions, information on the characteristics of the product purchased, detailed price indication, the means of payment used, the procedures for exercising the right of withdrawal, shipping costs and any additional costs as well as the indication of the assistance service. It is recommended to keep the e-mail received as proof of purchase.

 

  1. the order form will be filed in the Modalyssa database for the time necessary to process the order and, in any case, according to the law.

 

  1. To access your order form, the user can consult the "Your account" - "History and order details" section of the site where you will find a list of all orders placed.

 

In the personal area "Your account" on the Site the user can view and possibly modify open orders, sent recently and / or concluded as well as can manage and save personal data and subscription to the newsletter.

Modalyssa reserves the right to refuse, in its sole discretion, the registration of any user.

Modalyssa also reserves the right not to accept orders, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site, as well as in relation to improper or suspected use of discounts, promotions and points collection.

Users may cancel their Modalyssa membership at any time by sending an email to the address   amministrazione@modalyssa.store .

 

Terms of purchase.

All prices shown on the Website are expressed in Euros (€) and are inclusive of VAT.

The contribution to the costs of processing the order and delivery is explicitly indicated and includes VAT.

This amount will be shown separately on the order form prior to submission and on the order confirmation e-mail.

The user will be charged the price of the product indicated on the Site at the time the order was sent by him.

The products will remain the property of Modalyssa until payment of the purchase price and costs by the user.

Modalyssa will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.

Modalyssa reserves the right not to confirm orders from users with whom there are pending disputes or in the case of products at discounted prices that being limited in number, may no longer be available after the registration of the purchase order.

In this case the user will be notified by email and the purchase order will be canceled.

If payment has already been made, Modalyssa will reimburse the sum paid by the user, including contributions to the costs of processing the order and shipping costs, immediately, and in any case within the period of thirty days from the day after sending the order.

The refund amount will be communicated by e-mail, and credited to the same payment method used for the purchase or by bank transfer.

Modalyssa declines all responsibility for any delays in crediting , which depend on the bank or the type of credit card used for payment. In any case, the value date of the amount credited will be the same as the debit.  

C onsign

Deliveries are made to the postal address indicated by the user in the order form , no delivery to PO boxes.

Delivery times are those indicated in the order and specified in the confirmation of the purchase order.

In case of failure to indicate a specific delivery date, it will take place within 15 days from the one following the order.

Upon delivery of the products to the carrier, an e-mail confirming shipment will be sent to the user.

Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays.

In case of impediments to delivery due to force majeure or in case of additional delivery costs due to address changes or special causes (for example: limited traffic areas, impossibility of access for dedicated vehicles), Modalyssa will contact the user by e-mail to inform him of the delay in delivery time or any additional costs. Modalyssa can not be held responsible in any way for any delays due to third parties and / or acts of God .

Delivery is considered completed when the product is made available to the user at the address specified in the order form.

In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The card will indicate the data that the user must use to contact the courier and to define an appointment for the second delivery attempt. After two unsuccessful delivery attempts, the parcel will be in storage and the Modalyssa Customer Service will contact the user in order to unlock the stock and ensure that delivery takes place as soon as possible. If this attempt is not successful, the purchased product will be sent back to Modalyssa and the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code, Modalyssa will reimburse the sum paid by the user net of the costs of delivery of the unsuccessful product as well as the costs of returning it to Modalyssa and storage costs . The termination of the contract and the amount of the reimbursement will be communicated to the user by e-mail. The refund amount will be credited to the payment method used by the user for the purchase within 30 days.

In the event that the package shows evident signs of tampering or alteration, the user must mark it at the time of delivery by signing the appropriate Proof of Delivery (POD) document issued by the courier. In case of failure to report as indicated above, the customer can not claim against Modalyssa that is not responsible for failure to communicate via signature with reservation.

Withdrawal

If not satisfied with the 'purchase for any reason, the user can ò return products purchased within 14 days of receipt of the products.  

The right of withdrawal is not provided for Users who are not Consumers residing within the EU. 
 

Modalyssa provides the opportunity for its users to return the products for free by accessing your personal area and clicking on "Product Return", s elect ndo the order for which you want to withdraw anddefine 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 devoid of the requirements listed above, or received after the deadline of 14 days will be deemed void.


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 modalyssa.store @ legalmail.it .

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 as long as 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 relative 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.  

payment

The payment of products purchased on the Website is carried out using the following methods:  

 

- Credit cards of the VISA, MASTERCARD and American Express circuits, whose payments will be processed through a secure server-to-server connection using the SSL protocol (Secure Sockets Layer) .

- Paypal allows you to pay via your credit / prepaid card or via your Paypal account (rechargeable via bank transfer or credit / prepaid card). Paypal does not involve any additional cost for the customer.

- Bank Transfer: On Modalyssa it is possible to pay by bank transfer .

At the time of transmission of the order no charge will be made on the credit card used by the user for payment. The charge will be made only after the credit card details used by the user for payment have been verified and the credit card company used by the user has issued the authorization to debit.

If the invoice is deemed necessary, the customer is required to communicate it during the purchase process.

The receipt of each purchase will be available in the " Your account - orders" section.

In case of missed payments, Modalyssa will charge the costs related to the management of the user and will refuse the relative purchase order, by communicating it by e-mail.

Modalyssa reserves the right not to accept, at its sole discretion, certain payment methods.


Guarantees and non-conformity of products.


 

The products offered on the Website comply with the national and Community legislation in force in Italy.

The description of the products offered on the Website is the one that the suppliers, under their own responsibility, have communicated to Modalyssa . The images and colors of the products published on the Site may differ from the actual ones due to the local settings of the systems and / or the tools used for their visualization. Modalyssa is not responsible for the mismatch between the product ordered and the description of the product on the Site, in the event that the mismatch derives from errors in the description attributable to the supplier and of which Modalyssa was not and could not be aware of the use of normal diligence.

All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 1228-135 of the Consumer Code ("Legal Warranty"). The Legal Guarantee is reserved for consumers.

In case of lack of conformity of the purchased products compared to the description published on the Site, the user has the right to repair or replace the product, without any additional expense, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair is not excessively burdensome for the seller in consideration of the value that the asset would have, if there was not the lack of conformity, and the extent of the defect. Alternatively, the user has the right to terminate the contract or to reduce the price, in accordance with the following provisions.

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is presumed that the conformity defects that occur within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the legal guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods.

In case of termination of the contract, Modalyssa will return the price paid by the user, in addition to shipping costs and any additional costs.


In case of price reduction, Modalyssa will return the amount of the reduction previously agreed with the user.


In any case, the refund amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase.

The user must agree with Modalyssa Customer Service the shipping methods of the goods.

Products that are repaired, modified or in any way altered by the user are excluded from the legal guarantee. Also excluded from the field of application of the Legal Guarantee any faults or malfunctions or other defects caused by accidental events or by the user's responsibility or by a use of the product that does not conform to its intended use and / or as provided in the documentation technique attached to the product, if any, or in the instructions for use relating thereto.

The conventional guarantees relating to the products sold are those supplied directly by the manufacturer.

In no case Modalyssa can be held liable for the non-fulfillment of any of the obligations deriving from these General Conditions in the event that the non-fulfillment is caused by chance and / or force majeure, including, but not limited to, natural disasters, terrorist acts, network malfunctions and / or blackouts.

Obligations and responsibilities of Modalyssa.


Modalyssa undertakes to correct all errors in the description of the products offered on the Site, in the shortest possible time, starting from the reporting of the same. The reporting of such errors can be made by contacting Modalyssa Customer Service to the addresses and numbers indicated in the introduction.

 

Modalyssa is not liable in case of damage, of any kind, arising from improper and / or improper installation and / or use of the product and / or in accordance with the instructions provided by the manufacturer and in the event of damage resulting from unforeseeable circumstances or force majeure.

Modalyssa will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or otherwise connected to contracts subject to the General Conditions.

The responsibility of Modalyssa , in any case, can not be higher than the total value of the purchase order.

In no case Modalyssa can be held liable for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions in the event that the breach is caused by chance and / or force majeure, including, but not limited to, catastrophes natural, terrorist acts, network malfunctions and / or blackouts.

 

Suspension of the service


Modalyssa reserves the right to temporarily suspend, without prior notice, the provision of the Services for the time strictly necessary for the necessary and / or appropriate technical interventions to improve the quality of the Services themselves.

 

Modalyssa may at any time interrupt the provision of the Service if there are justified reasons of security or breaches of confidentiality, in this case giving notice to the user.  

Gift Vouchers

Gift vouchers may be granted, by way of example and not exhaustively, upon registration, following the registration of a friend invited by the user .

The validity and value of the gift certificate are specified at the time of ell'emissione the voucher.

In case of gift vouchers offered by Modalyssa at a specific bid, these vouchers can not be used for other offers.

Gift certificates are not transferable, transferable or transferable.

Gift certificates are not convertible into cash nor do they accrue interest.

Gift vouchers can not be used to pay shipping costs.

Modalyssa reserves the right not to accept gift certificates for orders of less than a certain amount.

Modalyssa undertakes to make known such circumstance when ordering the user.

In the event that the amount of the gift certificate exceeds the amount of the purchase, the amount remaining to the user will not be reimbursed or credited .

In the event that the user's order exceeds the value of the gift certificate, the difference in amount can be paid by the user using the normal means of payment .

Modalyssa reserves the right to accept only one gift certificate per order.

In case of return or spontaneous cancellation, that is not dependent on Modalyssa , the gift vouchers will not be reimbursable.

 

Applicable law and competent court.

 

The General Conditions are governed by Italian law.

For any dispute concerning the General Conditions, the Court of the place indicated by the user as his residence or domicile will be competent, if located in the territory of the Italian State.

Pursuant to art. 14 of Regulation 524/2013 we inform you that in the event of a dispute you can file a claim via the European Union ODR platform at the following link http://ec.europa.eu/consumers/odr/ (the platform will be operational from 15 February 2016). The ODR platform is an access point for users who wish to resolve disputes arising from sales contracts or online services out of court.

To this end we inform you that the e-mail address of Modalyssa is   amministrazione@modalyssa.store.

According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can use the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after filing a complaint with the company, within thirty days, has not received a response or has received a response that is not considered satisfactory by him. The customer who decides to make use of the Joint Conciliation procedure is obliged to send the request to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For more information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl





Pursuant to the Consumer Code, Chapter I of Title III of Part III  

March , 201 8