Terms and Conditions of Use (TCUs) for purchases made online on the site www.molish.it Molish di Endrio Elcino, Via Gorizia, 72 - 86079 Venafro (IS) TEL +39 334 3051533 (?Molish?) invites users to read these Terms and Conditions of Use (?TCU?) which regulate the purchase of products and the management of orders placed on the site.
The offers on our Internet site www.molish.it are intended exclusively for consumers who conclude the purchase for a purpose that can be attributed neither to a commercial nor to a professional activity.
At www.molish.it both ?Molish products? and ?Products of Molish Partners? are offered for sale.
1. Conclusion of contract and delivery of products
1.1 By placing an order, you declare that you are acting exclusively for private purposes.
1.2 Every order placed on www.molish.it implies the conclusion of a contract of sale in the Italian language. When the order concerns a product of Molish Partners, a further contract is concluded with the respective Molish Partner. The status of Molish Partner is specifically indicated on the detail page of each individual product.
1.3 By clicking on the "Buy now" button, the customer places a binding order for the items contained in the virtual shopping cart. Once the order has been placed, Molish will send the customer an e-mail confirming the order. The contract of sale is concluded between Molish and the customer when the latter receives the order confirmation. If the customer does not receive confirmation of the order within the period indicated in this article 1.2, the order in question is deemed to have been rejected by Molish and therefore has no effect. Orders in relation to which the customer has opted for payment in advance will be shipped as soon as Molish receives full payment of the purchase price and any shipping costs. Molish therefore invites the customer to pay the price as soon as it receives the order confirmation and in any case within the following 7 days.
1.4 The purchaser gives his prior consent to the assignment to third parties, in particular to PayPal, of claims for payment of the purchase price.
1.5 In the event that the products ordered are not available for reasons beyond the control of Molish, Molish shall notify the customer without delay. In this case, there shall be no obligation on Molish to deliver the goods ordered, unless Molish has assumed the risk of supply in relation to the products forming the order in question.
In any event, if the products ordered are not available, Molish shall, without any delay, refund to the customer any sums already paid.
1.6 Molish shall not be responsible for searching for and sourcing unavailable products from other sources. This also applies to orders for fungible goods (for which only the type and characteristics of the products are described). Molish is only obliged to deliver what is in stock and what it has ordered from its suppliers. Molish's warehouse also includes the warehouses of Molish's respective partners from which the products ordered by the customer originate. If the delivery time is expressed in working days, this shall be understood as all days between Monday and Friday inclusive, with the express exclusion of any public holidays.
1.7 We reserve the right not to accept or to cancel an order where it has been sent using software, robots, crawlers, spiders or any automated system or through script-based behaviour and any use of third-party services in order to send an order on your behalf.
2. Prices, shipping costs and express delivery
2.1 The customer shall pay the price published on the product page when placing the order. This price is final and includes VAT.
2.2 Shipping costs amount to Euro 0 (including VAT) for all orders within the Italian territory, as indicated on the product detail page and in the shopping cart when placing the order. For national rates for the smaller islands, excluding Sicily and Sardinia, there is a fixed surcharge for shipping costs of 23 ? (for purchase orders in any price range).
2.3 Shipping costs in Europe for orders up to 3 kg are 19 ?, for the United Kingdom 29 ? and for non-New EU countries 39 ?)
2.4 Depending on where the item is being shipped from, additional shipping costs may apply due to the location of the warehouse of origin and therefore the distance to be travelled (hereinafter "Long-Range Shipping Costs"). The customer will be informed before placing the order if Long Distance Shipping Charges apply to the selected item. Long-haul shipping charges will be collected by Molish. If the customer decides to return an item for which Long-Range Shipping Costs have been charged, these will be reimbursed by Molish if the entire order is returned. The customer's statutory rights remain unaffected.
3. Payment
3.1 Molish accepts several payment methods including but not limited to: credit card, bank transfer, Stripe and PayPal. Molish reserves the right to refuse certain payment methods and to request different payment methods for certain orders. Please note that Molish only accepts payments from bank accounts within the European Union (EU) and that the customer is responsible for any costs associated with the transaction.
3.2 In the case of purchases made by credit card, the charge is made when the order is dispatched.
3.3 The purchaser agrees to receive invoices and credits exclusively in electronic format.
4. Use of promotional vouchers
4.1 Promotional vouchers cannot be purchased, are offered by Molish as part of promotional campaigns and can be used for a limited period of validity.
4.2 Promotional vouchers may only be used once in connection with a single order, within the specified period of validity. Certain products may not be redeemable for the purchase of promotional vouchers. Promotional vouchers cannot be used to purchase gift vouchers. The use of a promotional voucher may be subject to a minimum spending amount.
4.3 The value of the products purchased must be equal to or greater than the value of the promotional voucher. If the amount of the promotional voucher is not sufficient to cover the value of the products ordered, the difference can be paid by any of the accepted payment methods set out in Article 3 above. Promotion vouchers are not redeemable for cash and no interest accrues on the credit they represent. Promotional vouchers will not be refunded if the purchaser decides to return part or all of the products ordered.
4.4 Promotional vouchers can only be used if the order is finalised, cannot be used retroactively and cannot be transferred to third parties. Unless otherwise stipulated by Molish, it is not possible to cumulate several promotional vouchers for the same order.
4.5 If, in the course of the order, the customer has used a promotional voucher and if the total value of the order - due to the customer's withdrawal - is less than the value of the promotional voucher, Molish reserves the right to invoice the original price of the goods remaining in the possession of the customer.
5. Use of gift vouchers
5.1 Gift vouchers can only be purchased, and can only be used for the purchase of Molish Products and Products of Molish Partners, but not for the purchase of further gift vouchers. If the value of the gift vouchers is not sufficient to cover the value of the products ordered, the difference can be paid via any of the accepted payment methods.
5.2 Gift cards may only be redeemed prior to placing an order, are not redeemable for cash, and no interest shall accrue on the credit they represent. Purchasers wishing to redeem a gift card, transfer the credit to their account and check their balance should visit the My Account section on the website. www.molish.it.
6. Right of withdrawal for Molish Products
The customer has the right to withdraw from any order concerning Molish Products, without giving any reason and with any declaration, as long as it is explicit, delivered to Molish, except in the case of a customised product (PURE Black&White). The right of withdrawal is, however, excluded in respect of sealed Molish Products that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery, such as, but not limited to, cosmetic products for body care and beauty.
If the customer wishes to return purchased products, he/she may contact Customer Service (see contact details at the bottom of the page).
6.1 Information on the right of withdrawal (ex art. 49, par. 1, lett. (h) of Legislative Decree no. 206/2005 ?Consumer Code?)
The customer has the right to withdraw from the contract, without stating any reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the customer or a third party other than the carrier and designated by the customer acquires physical possession of the last good ordered. In the case of a contract relating to several goods ordered by the customer in one order and delivered separately, the 14-day period begins on the day on which the customer or a third party other than the carrier designated by the customer acquires physical possession of the last good.
In order to exercise the right of withdrawal, it is necessary to inform Molish of the decision to withdraw from this contract by means of any express statement to that effect (e.g. by a communication sent by e-mail or whatsapp).
The time limit for withdrawal shall be deemed to have been observed if the customer sends his declaration before the expiry of the period of 14 days from the day on which the customer or a third party other than the carrier and designated by the customer acquires physical possession of the last item ordered. In the case of a contract relating to several goods ordered by the customer in one order and delivered separately, the 14-day period begins on the day on which the customer or a third party other than the carrier designated by the customer acquires physical possession of the last good.
6.2 Effects of Withdrawal Following withdrawal from this contract, Molish shall refund all payments made by the purchaser, including delivery costs (with the exception of any additional costs resulting from choosing a type of delivery other than the standard one offered by Molish), without undue delay and in any case no later than 14 days from the day on which Molish is informed by the customer of the decision to exercise the right of withdrawal. Such refunds shall be made using the bank account (to be notified) to which the customer intends to receive the price credit, unless otherwise agreed. In the event that the bank details are not provided or the bank details are incorrect, Molish will contact the customer to resolve the issue. The refund may be suspended until Molish receives the returned products or until the customer proves that the products have been shipped, whichever is earlier.
The customer is obliged to return or deliver the products without undue delay and in any event within 14 days from the day on which he or she communicated his or her wish to withdraw from the sales contract.
Products must be returned:
- correctly packed in their original packaging, not ruined, damaged or soiled and equipped with all possible accessories, instructions for use and documentation. In case of loss of the original packaging, the Customer shall, at its own care and expense, replace it in order to be able to return the Molish Products;
- with the transport document (in the original packaging), so that Molish can identify the customer (order number, first name, last name and address);
- without obvious signs of use, other than those compatible with normal testing of the article (they must not bear any traces of prolonged use or in any case exceeding the time required for testing and must not be in such a state as to prevent resale).
If the returned product does not comply with the requirements of the preceding paragraph, or if the exception to the right of withdrawal indicated in paragraph 6 in relation to sealed products applies, the withdrawal shall not be effective.
The costs of returning the goods shall be borne by the customer. The customer shall be liable for any decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Notwithstanding the possibility for the customer to exercise the right of withdrawal by notifying Molish of any other explicit declaration of his decision to withdraw from the contract, the customer may use the following standard text:
I/we (*) hereby give notice of withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*) - ordered on (*) / received on (*) - name of purchaser(s) - address of purchaser(s) - date - [to be inserted in case of cash on delivery payment] IBAN code to be credited:
(*) Delete as appropriate
MOLISH e-mail: info@molish.it
7. Right of withdrawal for Molish Partner Products
The buyer has the right to withdraw from every order concerning Molish Partner Products, provided that these are not personalised items. The right of cancellation is, however, excluded with regard to sealed Molish Partner Products that are not suitable to be returned for hygienic or health protection reasons and that have been opened after delivery, such as, but not limited to, cosmetic products for body care and beauty.
7.1 Information concerning the right of withdrawal (pursuant to Article 49(1)(h) of the Consumer Code) The customer has the right to withdraw from the contract, without stating any reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the customer or a third party other than the carrier and designated by the customer acquires physical possession of the last good ordered. In the case of a contract relating to several goods ordered by the customer in one order and delivered separately, the 14-day period begins on the day on which the customer or a third party other than the carrier designated by the customer acquires physical possession of the last good
In order to exercise the right of withdrawal, you must inform Molish (e-mail: info@molish.it) of your decision to withdraw from this contract by means of an express statement to that effect (e.g. by e-mail or whatsapp).
The time limit for withdrawal shall be deemed to have been observed if the customer sends his declaration before the expiry of the period of 14 days from the day on which the customer or a third party other than the carrier and designated by the customer acquires physical possession of the last item ordered. In the case of a contract relating to several goods ordered by the customer in one order and delivered separately, the 14-day period begins on the day on which the customer or a third party other than the carrier designated by the customer acquires physical possession of the last good.
8. Refunds Invoices will be issued exclusively in electronic format.
9 Refunds are credited directly to the account or payment instrument used at the time of purchase. For payments made by bank transfer, the refund shall be made to the account used for the payment. It is understood that, in the event that the customer does not indicate a bank account for the credit when exercising the right of withdrawal or indicates an incorrect bank account, Molish shall be entitled to credit the amount to the customer's account in order for the customer to use this amount for subsequent purchases or to request a subsequent refund by informing Molish of his bank account details by replying to the email with which Molish will inform him of the crediting of the amount to the account. If a gift voucher was used for the order, Molish will credit the amount back to the customer's account.
10. Customer Service For any questions please consult our page https://molish.it/contattaci/
11. Warranty for Defects and Additional Information 11.1 Purchases made on Molish are subject to the provisions of the Consumer Code on the subject of warranty for defects and deformities of the products. The customer shall therefore be entitled to the rights set out in article 130 of the Consumer Code and these rights must be exercised within the terms set out in article 132 of the Consumer Code.
11.1 These (TCUs) can be consulted at www.molish.it
12. Applicable law 12.1 These (TCUs) and contracts of sale are governed by Italian law (and in particular by the Italian Consumer Code (Codice del Consumo), Articles 46 to 67 of which regulate distance contracts, and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and must be interpreted in the light thereof.
12.2 For any disputes that may arise in connection with the (TUC) and/or the sales contracts, customers may activate an out-of-court dispute resolution procedure that complies with the requirements of Art. 141 et seq. of the Consumer Code. In the event that the Customer activates the aforementioned procedure, Molish guarantees its participation in an attempt at amicable settlement.
12.2 The offers made available on www.molish.it can be used by persons of at least 18 years of age.
Our warmest regards,
MOLISH digital craftsmen
