Terms and Conditions
moolecola.it and any associated subdomains
Seller Identification
The goods covered by these general conditions are offered for sale by 369 Srl, with headquarters in Via del Conservificio, 28 – 06132 Perugia (PG), email hello@moolecola.it , VAT number 03865080547 hereinafter referred to as the “Seller”.
1. Definitions
1.1 The term “online sales contract” or “contract” means the sales contract relating to the Seller's tangible movable goods, stipulated between the Seller and the Buyer within the scope of a remote selling system via electronic tools, organised by the Seller.
1.2 The term “Purchaser” refers to the natural person who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity carried out.
1.3 The term “Seller” refers to the person identified above or the person who sells the goods through the website indicated in the following article.
2. Object of the contract
2.1 With this contract the Seller sells and the Buyer purchases remotely, via telematic tools, the tangible movable goods presented and offered for sale on the moolecola.it website and in other connected subdomains .
2.2. The products referred to in the previous point are shown, with specific and detailed indication of their characteristics, in the dedicated section within the portal.
3. Method of entering into the contract and acceptance of the general conditions
3.1 The contract between the Seller and the Buyer is concluded exclusively through the Internet in remote telematic mode, through the Buyer's access to the web address moolecola.it and other connected subdomains , where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the moolecola.it website it is necessary to have an Internet connection, the costs of which are borne by the Buyer according to the terms established by its connectivity seller.
3.2 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will provide notice of this via the pages of the moolecola.it website and such updates/modifications and/or integrations will be effective for future purchases.
3.3 These general conditions of sale must be examined “on line” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their complete acceptance.
3.4 Acceptance of the conditions of sale must be expressed by the Buyer promptly completing the registration form – whose personal data are processed in accordance with the methods indicated in the Information on the processing of personal data following acceptance of the “Terms and conditions of sale” and sending the purchase form filled in by the system after inserting the selected products into the electronic cart. Before definitively sending the order, the Buyer will be invited to check the contents of the cart, with a summary of the same in which the details of the person ordering and the order are reported, the price of the selected goods, any shipping costs and any additional accessory charges, the payment methods and terms, the address where the goods will be delivered, and the acceptance of the order. Once the delivery address has been confirmed, it will not be possible to change it.
3.5 By confirming the Order by clicking on "Complete the order", the Buyer declares that he has consciously accepted the content and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment conditions, declaring that he has read and accepted all the indications provided by him pursuant to the above-mentioned rules, also acknowledging that the Seller does not consider itself bound by different conditions unless previously agreed in writing.
3.6 When the Seller receives the order from the Buyer, he will send an order confirmation email or display a web page confirming and summarizing the order itself, which will also contain the data referred to in point 3.4. The confirmation email will therefore indicate: the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.
4. Purchase methods and sales prices
4.1 The products, prices and conditions of sale on the Site – within the limits of their availability – do not constitute an offer to the public for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail by the Seller upon payment, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the moolecola.it website and in other connected subdomains are indicated in Euros and are the prices in force at the time the Order is sent by the Buyer. The Seller may modify the sales prices of the products at any time and without notice. Such modification will in any case be reported to the Buyer before sending any Order.
4.3 Product prices include VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination selected by the Buyer when placing the Order and are displayed in the Order summary before the Buyer requests confirmation of the Order. Please refer to art. 9 of these general conditions of sale.
4.5 The receipt of the order does not bind the Seller until the latter has sent the email confirming payment with an indication of the order number as indicated in point 3.6.
4.6 The Buyer expressly grants the Seller the right to accept even only partially the order placed (for example in the case in which not all the products ordered are available). In this case the contract will be considered perfected in relation to the goods actually sold.
4.7 By accepting these contractual conditions, the Buyer expressly declares that the purchase is being made for purposes other than any commercial or professional activity that he may carry out.
5. Conclusion of the contract
5.1 The Contract stipulated through the Site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the order, with a communication («E-mail of Confirmation of Order Processing»). The Contract is concluded in the place where the registered office of the Seller is located.
5.2 The order can no longer be cancelled when, regardless of the payment method, the “Order” button has been clicked in step 3 of the Order. Once this phase has been completed, the return can only be made once the package has been received in the manner indicated in point 13.
6. Delivery times and methods for purchases made within moolecola.it or other related subdomains
6.1 The Seller will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 3.6.
6.2 Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from confirmation of the order, as required by current legislation. In the event that the Seller is unable, for any reason, to ship within said timeframe, he will promptly notify the Buyer via email sent to the address provided by the latter during the purchase procedure. Here is the link for information regarding shipping to Italy and European countries: moolecola.it/spedizioni/ .
6.3 Upon delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the sealing tapes if present. If the goods received do not correspond to the order placed or if the products ordered are missing, the Buyer must report this discrepancy within 5 (five) days of receiving the package by contacting the Seller directly by filling out the appropriate customer service form ( https://moolecola.it/contatti/ ). The Seller may request appropriate descriptions and evidence to prove the discrepancy (e.g. photographs) and provide a positive response to the Customer where it is found that the discrepancy is real and not attributable to the Customer. A partial return may also be made that concerns only the products shipped incorrectly, provided that they are intact and with the relevant seals. If the Buyer requests the return of the incorrectly sent product and the shipment of the correct one and the latter is not available at the time, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.
6.4 In the event that the delivered goods present any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Seller, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.
6.5 In the event that the Buyer decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights he/she must contest the unsuitability of the packaging to the courier, by writing “RESERVATION TO CHECK GOODS DUE TO …” (indicating the reason for the reservation in question) on the delivery document, of which he/she must retain a copy, and then proceed to immediately report the matter to the Seller.
7. Prices and Payments
7.1. All product sales prices are indicated on the pages available within the website and are expressed in Euros.
7.2 The sales prices referred to in the previous point include VAT and any other taxes. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the Buyer and are contained in the order summary web page, as well as in the summary email sent following the conclusion of the purchase procedure.
7.3 Any promotional offers are specifically indicated and marked on the site with the wording “FREE”.
7.4 The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen for his Order at the time of sending the Order. Payment methods provided: Stripe, Google Pay, Apple pay and payment by credit card.
7.6 All Orders are payable in Euros, taxes and mandatory contributions included. Any bank charges will be borne exclusively by the Buyer (even in the case of reimbursement). The bank transfer must be made within 10 (ten) days from the Order, – after which the order is automatically cancelled with simultaneous communication to the buyer via automatic email.
7.7 The ownership of the products ordered will remain with the Seller until the entire amount of the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are paid in full by the Buyer. All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, for the protection of the customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically cancelled and the sale will be resolved pursuant to art. 1456 of the Italian Civil Code. The Customer will be informed via automatic e-mail communication.
7.8 Communications relating to the payment and the data communicated by the Customer when this is carried out take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
8. Product Availability
8.1 The Seller ensures the processing and fulfillment of orders without delay through the telematic system used. For this purpose, it indicates, with the fastest possible updates, in its electronic catalogue, the available and unavailable products, as well as an estimate of when the order will be taken charge of.
8.2 If an order exceeds the available quantity, the goods not available at the time of the order will be automatically removed from the cart.
8.3 The Seller's computer system will confirm registration of the order as soon as possible by sending the Buyer a summary email, pursuant to point 3.6.
8.5 Regardless of product availability, for each purchase slot the individual Customer cannot order more than 30 pieces for each individual product.
9. Seller's Responsibility
9.1 The Seller assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances.
9.2 The Seller shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for any disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
9.3 In the event of problems related to the carrier, the Buyer must send a report to the Seller who will proceed to the appropriate contacts with the Carrier. In the event of loss of the package or other eventualities that cause a failed or incorrect delivery, the Seller, in agreement with the Buyer, will proceed either to the refund or to a new shipment of the order.
9.4 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment for the products purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.
10. Guarantees and assistance methods
10.1 The Seller is liable for any lack of conformity that becomes apparent within 2 (two) years of delivery of the goods.
10.2 The Buyer will lose all rights if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which the defect was discovered.
10.3 In any case, unless proven otherwise, it is presumed that the defects of conformity which become apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.
10.4 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. Products that show clear signs of tampering or faults caused by improper use or by external agents not attributable to manufacturing faults and/or defects are not covered by the warranty.
10.5 The request must be sent in writing, through the customer service form to the Seller ( https://moolecola.it/contatti/ ); in the complaint it is appropriate to describe the defect, also through photographs and videos, as well as indicate the date of discovery of the defect itself. The Seller will respond to the Buyer - if he is willing to proceed with the request - or the reasons that prevent him from doing so - within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.
11. Seller's obligations for defective products, proof of damage and compensable damages
11.1 The Seller cannot be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product with a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
11.2 No compensation will be due if the damaged party was aware of the defect of the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. Likewise, the Seller is not liable for defects resulting from bad and/or incorrect use of the purchased goods, from external causes (e.g. impacts, falls, etc.), from carelessness and improper use.
11.3 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage, including through descriptions, photographs and means available to the injured party.
12. Buyer's Obligations
12.1 The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in this contract.
12.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via email attached to the purchase order confirmation.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges this – before the purchase confirmation, through electronic procedures.
13. Termination of the contract
13.1 If one Party is in breach of any of the obligations under this contract towards the other, the other Party may request its termination pursuant to art. 1453 of the Italian Civil Code and subsequent articles, without prejudice in any case to the right to compensation for damages.
13.2 Pursuant to art. 1456 of the Italian Civil Code, the party intending to avail itself of the resolution shall notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the resolution shall run from the date of receipt of the resolution notice resulting from the receipt returned to the Party that resolves and the Buyer shall be entitled exclusively to the refund of any sum already paid.
14. Failure to collect the package – termination of the contract
14.1 Given that the collection of the product is a specific obligation of the Customer, at the time of entrusting the Order to the selected courier, the Seller will send a specific email with which he will inform the Buyer of the imminent delivery, also through the shipping link. The status of the order placed and the tracking link are always available also by accessing your personal area.
14.2 The courier will make a first delivery attempt on the date indicated by the tracking, in the event of a failed delivery, a second attempt will be made, unless corrections or changes to the address are needed, for which the Buyer will have to take action.
14.3 After the second unsuccessful delivery attempt, the package will be held by the Courier within the time limit established and indicated on the tracking page itself. Depending on the Courier, the hold can be released either by contacting the Courier directly or by contacting the Seller's Customer Service.
14.4 Once the storage period has expired, the Order is returned to the Seller and the Seller will inform the Buyer that he may request the shipment again at his expense within and no later than 5 days from receipt of the communication. This hypothesis does not occur in the case of purchase with payment on delivery; in this case the order, once returned to the Seller, is immediately dismantled.
14.5 If even in this case the Order is not claimed, the Seller will communicate that the contract is automatically terminated and will proceed to refund the amount paid by the Buyer and to dismantle the package within and no later than 30 days from the communication sent.
14.6 Where the Seller is not in a position to refund the price paid due to incompatibility of the payment method used for the purchase with an automatic credit, he will ask the Buyer to indicate the bank details on which he wishes to receive the refund. After ten days without receiving a response, the Seller will issue a purchase voucher equal to the value of the price to be refunded and will send it to the Buyer's contact addresses. With the issuance of the voucher, the Buyer will have no further claims against the Seller.
15. Protection of the confidentiality and processing of the Buyer's data
15.1 The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the privacy legislation set out in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
15.2 The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the methods provided for by the site's Privacy Policy and by the specific information.
16. Communications and complaints – ODR platform
16.1 Written communications addressed to the Seller and any complaints will be taken into consideration only if sent via the contact form on the page https://moolecola.it/contatti/ . The Buyer undertakes to indicate in the registration form on the website his/her residence or domicile, telephone number and email address to which he/she wishes the Seller's communications to be sent.
16.2 Pursuant to art. 14 of European Regulation 524/2013, the Seller informs the Buyer that in the event of a dispute, he/she may submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link https://ec.europa.eu/consumers/odr/ . The Seller, however, invites the Buyer to use the contact form on the page https://moolecola.it/contatti/ to directly resolve any type of issue.
17. Applicable law and competent court
17.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Buyer, as a consumer, has his/her residence will be competent.
17.2 If any provision of this online sales contract is held to be invalid, void or unenforceable for any reason, such provision shall be deemed separate and shall not affect the validity and enforceability of the other provisions.