Terms and conditions of sale
The offer and sale of products through the site www.mokarico.com are governed by the following General Conditions of Sale.The General Terms and Conditions of Sale are formulated in accordance with the regulations on contracts concluded outside the business premises and in particular with the provisions of Legislative Decree no. 206 of 6 September 2005, (Consumer Code).
Parties to the contract
The parties to the contract are as follows:
A.D.A.srl, with registered office in Borgo San Lorenzo (Florence), via del Bagnone no. 24, Registered with the Chamber of Commerce of Florence/Fiscal Code and VAT number IT06334730485.
Customer: the final consumer or the natural person who acts for purposes other than his/her business and professional activity, identified through the site www.mokarico.com, or through a phone call that has placed an order accepted by A.D.A.srl.
Application and modification of the General Conditions of Sale
After placing an order in the specified manner, the Customer declares that he has read all the information provided during the purchase process and fully accepts the General Conditions of Sale. A.D.A.srl. reserves the right to change the General Conditions of Sale by stating it on this site page. The General Conditions of Sale are those in force at the time of placing an order. Any changes will be effective after publication on the site.
These conditions do not regulate the sale of products and/or the provision of services by parties other than A.D.A.srl that are present on the site through links, banners or other hypertext links. Before concluding business transactions with such parties, the user must ascertain their conditions of sale. A.D.A.srl is not responsible in any way for the provision of services and/or the sale of products by such parties, nor for the content on their sites including any errors and /or omissions and/or violations of the law by the same.
A.D.A.srl reserves the right to refuse, at its sole discretion, the registration of a user. A.D.A.srl also reserves the right not to accept orders, irrespective of their origin, which are in any way abnormal, as an example, but not limited to, in terms of quantity, frequency, means, etc..
Registration to the site and conclusion of the contract and acceptance of the general conditions of sale
Before concluding a sale contract, you must register on the Site, entering your name, surname, email address and password (hereinafter "registration credentials"). Registration on the site is free. Registration is confirmed by email sent to the address provided by the user. The registration credentials must be used exclusively by the user and may not be transferred to third parties. The user shall hold A.D.A.srl harmless from any indemnification, sanction and/or in any way for the user’s violation of the rules on registration to the Site. The user is solely responsible for access to the Site through the Registration Credentials and is directly liable for any damage or prejudice caused to A.D.A.srl or third parties by improper use, loss, misappropriation by others or failure to adequately protect the confidentiality of their Registration Credentials. All the operations carried out through the Registration Credentials are considered carried out by the Customer the Credentials refer to.
The contracts of sale of the products on the site www.mokarico.com, are considered concluded at the time when the purchase order, in electronic format, is transmitted electronically by the Customer to A.D.A.srl following the instructions that periodically appear on the site and, the latter accepts it by sending the user to the indicated email address, a confirmation email containing a link with which to access a summary of the General Conditions, information on the characteristics of the purchased product, the detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, the shipping costs and any additional costs. In any case, no contract will be deemed concluded without the Customer having accepted the General Conditions of Sale by telematic means during the purchase.
By sending his purchase order electronically, the Customer declares to have read and accepted these general contract conditions and undertakes to observe and comply with them in its relationship with A.D.A.srl.
Any right of the Customer to compensation or damages is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance of an order, even partially.
Similarly, A.D.A.srl’s liability is limited, even after confirmation of order acceptance, if for reasons and circumstances beyond its control it is no longer able to provide the requested goods or services. In any case, A.D.A.srl’s only obligation will be limited to the refund of amounts already received from the Customer.
Processing of personal data
Under art. 13 of Legislative Decree 196/2003 A.D.A.srl informs that the personal, anagraphic and fiscal data acquired also verbally in reference to the established commercial relationships, provided directly by the interested parties, or otherwise acquired in the course of the company's business activity, will be processed in compliance with the above-mentioned regulations and for the purposes mentioned above, including the confidentiality obligations they stipulate. In relation to the above-mentioned facts, the rights referred to in Article 7 of Legislative Decree 196/2003 may be exercised.
Obligations of the Customer
Before sending the purchase order, the Customer is required to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance.
Finally, once the online purchase procedure has been completed, the Customer is required to print and keep these general contract conditions, which have already been viewed and accepted during the conclusion phase of the contract.
Mode of purchase
The offers published on the Site are available for a limited time and with limited quantities of products. The validity date of the offers is indicated on the Site. All prices indicated on the Site are expressed in Euro and are inclusive of VAT. This amount will be highlighted separately, for each product, on the order form and on the order confirmation email. The products will remain the property of A.D.A.srl until payment of the purchase price and expenses by the Customer. A.D.A.srl will process the purchase order only after receiving confirmation of authorisation to pay the total amount due as indicated in the order. The Customer buys the product, whose characteristics are specified online in the relevant descriptive and technical data sheets, at the price indicated in it, plus the delivery costs specified on the site. Before sending the purchase order, the unit cost of each chosen product, the total cost in the event of purchase of more than one product and the related delivery costs are summarised.
Once the purchase order has been sent, the Customer will receive an email from A.D.A.srl confirming receipt of the purchase order and containing information on the main characteristics of the purchased goods, detailed information on the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and information on the existence of the right of withdrawal, the conditions and methods to exercise it being displayed on the site.
The Customer may make the owed payment by credit card. A.D.A.srl accepts VISA, MASTERCARD, AMERICAN EXPRESS, VISA ELCTRON, POSTEPAY and CARTA AURA credit cards.
The Customer can use the payment procedure with PayPal, to ensure the confidentiality of data provided by customers. At the time of the first purchase, the user will be asked to provide the data for the header of the receipt. If an invoice is necessary, the Customer is required to specify this fact during the purchase process. In the event of non-payment, A.D.A. srl will charge the costs for the management of the outstanding amount to the Customer and refuse the purchase order, communicating this fact by email.
Delivery of products
The purchased goods are delivered by courier to the address specified by the Customer when ordering online. The user is solely responsible for the shipping address he/she provides. Any specific requirements must be submitted to A.D.A.srl by the Customer. In the event of impediments to delivery due to force majeure A.D.A.srl will contact the Customer by email to inform him of the delay in delivery times. A.D.A.srl cannot be held responsible for any delays due to acts of third parties and/or force majeure events.
In the event of non-delivery due to absence of the recipient at the address indicated by him in the order, the courier will leave a notice to certify the delivery attempt. The notice will indicate the dates that the Customer can use to contact the courier to make an appointment for the second attempt at delivery or the address of the nearest branch of the courier. If within three days the recipient has not contacted the courier in any way to define a method of collection or delivery, the package will remain in storage at the courier for 30 days. For this period, the courier will be entitled to ask the Customer to pay a flat-rate daily fee. After this period of storage, the product will be returned to the sender and the contract will be considered terminated. A.D.A.srl will reimburse the amount paid by the Customer, net of the costs of failed delivery of the product, the storage costs and anything else.
Legal guarantee of conformity and defective products
Any damage to the packaging and/or the product or an error in the number of packages or indications must be immediately challenged by making a specific note on the delivery document. By signing the courier’s document, the Customer certifies the true external integrity of the product and the conformity of the delivery.Any problems relating to the real physical integrity, compliance or completeness of the received products must be reported within ten working days of delivery, by sending an email to the address or [email protected] [email protected].
The products purchased on the site are subject to the rules on the sale of consumer goods.
Right of withdrawal and rules regarding the returns
The www.mokarico.com consumer has the right to withdraw from the contract, without giving any reasons, within 14 days from the day on which he or a third party, other than the carrier and designated by him, acquires physical possession of the last good under Article5 of Legislative Decree no. 185 of 22 May 1999. To exercise the right of withdrawal, the Customer must inform the seller at A.D.A.srl, Via del Bagnone, 24 -50032 Borgo San Lorenzo (FI), email: [email protected], of the decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or email). For this purpose, you can use the template of the withdrawal form downloadable from our site on page.
If the Customer withdraws from the purchase contract, he will be reimbursed for all payments he has made to us, including delivery costs (with the exception of additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery we offer), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw.The refunds shall be made using the same means of payment as for the initial transaction, unless you have expressly agreed otherwise. Only the costs of shipping the goods to the warehouse will be borne by the Customer.
Refunds may be suspended until the goods are received. The consumer shall be exclusively liable for any diminished value of the goods resulting from any handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The Customer must send the product properly packaged in its original packaging to A.D.A.SRL.
A.D.A.srl does not accept damaged returns, only those stored in normal conditions, with the use of normal diligence. We will not replace or refund products damaged by detergents / additives, or products damaged due to the Customer’s inexperience. The Customer must place a copy of the received delivery document into the packaging box. The risks of transport for the return of products are entirely borne by the Customer.
In the event the right of withdrawal is exercised only for part of the order, only the price of the returned products will be refunded. In the event of partial withdrawal of the order, the Customer who has benefited during the initial order of free shipping for having exceeded a minimum order value, may be charged shipping costs corresponding to the placed order if the latter is of lower value than the minimum purchase required to obtain free shipping.
All products, other than food products, sold by A.D.A.srl are covered by the manufacturer's conventional warranty and 24-month warranty for defects of conformity under Legislative Decree 24/02 and art. 130 and 132 of Legislative Decree 206/2005. In order to use the warranty assistance, the Customer must submit the invoice, or the transport document if there is no invoice.
If the purchased product is found to have manufacturing defects and/or has been damaged during transport, the Customer may request its replacement within 10 days of receipt by telegram, or email to the following address. The Customer is also required to return the defective or damaged product in its original packaging intact in all its parts.
If the product is replaced, the shipping costs for its return are borne by A.D.A.srl.
A.D.A.srl will then replace the product with an identical one or, in the event of stock shortages and subject to agreement with the Customer, with one of equivalent value.
“Cookies" may be present on the Sites in order to allow users to better use the Site. Users who prefer not to receive cookies can choose their browser settings so they are warned of the presence of cookies and then decide whether to accept them or not. The browser can also be set to automatically refuse all cookies; however, in this case the user may not be able to access all the services available on the Site.
Express termination clause
In the event of total or partial non-payment of the purchase price for A.D.A.srl’s goods, it reserves the right to declare this contract terminated under and for the purposes of Article 1456 of the Civil Code by sending a written notice to the email address of the Customer.
For any complaint or clarification, the Customer should write to the email address [email protected].
The Customer will be contacted for clarification within 3 working days of the request.
Applicable law and legal jurisdiction
This contract is governed by the Italian law. The exclusive jurisdiction and court for any legal action brought by the Buyer under this warranty or any other legal guarantee shall be the Tribunal of Florence. In the event the court rules in favour of A.D.A.srl in any legal action, the plaintiff must reimburse A.D.A.srl for its expenses, including lawyers' fees and legal costs, incurred by A.D.A.srl for its defence.
For anything not expressly stipulated in this contract, the rules of the Italian law in force shall apply.
Site content and intellectual property rights
Its contents www.mokarico.com, as an example, works, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colours, patterns, tools, fonts and web designs, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property right of A.D.A.srl and the other holders of the rights.It is prohibited to produce, modify, duplicate, copy, distribute, sell or otherwise exploit the images, the contents of the Site unless previously authorised by A.D.A.srl. It is also prohibited to use the contents of the Site for commercial and/or advertising purposes.
All other distinctive products that distinguish the products sold on the Site are trademarks registered by their respective owners and are used by A.D.A.srl under license, for the sole purpose of distinguishing, describing or advertising the products on the Site. Any use of the distinctive signs mentioned above and not in accordance with the law and, as not authorised, is prohibited. It is in no way allowed to use any distinctive sign on the Site to take advantage of their distinctive character or reputation or use them in such a way as to cause prejudice to them and their owners.
Under no circumstances may the user alter, change, modify or adapt the Site, nor the material made available by A.D.A.srl.
We deliver to the following countries:
- REST OF THE WORLD
The shipping is performed by fast and reliable couriers, selected according to product volume and the geographic area of destination, including DHL and BRT.
Shipments are free in Italy for orders over 70€. For foreign shipments, they are free for orders over 100€, for the rest of the world they are free for orders over 200€. Generally, shipping costs vary according to the volumetric weight of the purchased product, i.e. the weight and size of the properly packaged product. If the Customer so desires, he can request delivery to his/her floor at an additional cost.
We deliver all purchased products through fast and efficient couriers in a timely manner. You can find the expected delivery times on the website in the description www.mokarico.com page of each product and in the confirmation of your order. Remember that the delivery times are for purely indicative purposes and, although they are usually complied with, we cannot guarantee compliance. For deliveries in Calabria, Sicily, Sardinia, in the smaller islands and in difficult to reach areas we expect to deliver one day after the date indicated on the site.
The courier usually delivers between 9a.m. and 6 p.m. from Monday to Friday to street level and without notice. In the event of absence of the recipient, the courier leaves a notice to certify the delivery attempt. On the notice you will find the courier's contact details to make an appointment for the second delivery attempt, or the address of the nearest branch. If within three days from the first delivery attempt you have not contacted the courier, the package will remain in storage at the courier for 30 days. If you do not collect it even during the storage period, the product will be returned to us and the contract will be considered terminated. A.D.A.srl will reimburse the net amount of the costs due for the unsuccessful delivery of the product, the storage costs and its return to the sender and anything else.
As soon as the order is activated, we will send you an email with the purchase confirmation. At the time of shipment, you receive from us or directly from the courier a communication of the usable shipping number, to check the delivery status of your package. You can check the location of your parcel on the indicated courier's website.
On delivery, check that the packaging is intact: if you detect any damage, you can challenge it by entering a reasoned written control reservation (e.g. "Punctured packaging", "Crushed packaging"). Only by following this procedure will you be able to activate the refund procedure.
The delivery address used is the address specified at the time of order confirmation. Please check that it is correct in all its parts to avoid misunderstandings at the time of delivery. We remind you that it is important to enter your telephone number so that we can contact you at any time in the event of problems with the delivery. If you think you're not home during the delivery times, you can enter your workplace address instead of your home address or that of a neighbour you're sure is at home.
If you do not receive the goods by the date indicated in the order confirmation email, you can write to our customer service at: [email protected].
Returning www.mokarico.com a product is easy and you have the right to withdraw from the contract, without giving reasons and without paying penalties within 14 days from the day on which you or a third party, other than the carrier and a person you designated, acquires physical possession of the last goods of the product delivery.You will bear only the costs for shipping the goods. To exercise your right of withdrawal, you must inform us at A.D.A.SRL, Via del Bagnone, 24 -50032 Borgo S. Lorenzo (FI), tel +39-0558495085 email [email protected], of your decision to withdraw from this contract by means of an explicit statement (for example letter sent by post, fax or email) that contains information on the product and the order number. For this purpose, you can use the withdrawal form at the bottom of this page. You can return the product to the following address within 14 days of such notification:
Via del Bagnone, 24 -50032 Borgo S. Lorenzo (FI)
Inside the package you must place a copy of the order confirmation, received by email after the order has been placed, needed to trace the return to its destination.
If you withdraw from the purchase contract, you will be refunded all payments you have made to us, including the delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery we offer), without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw. These refunds are made using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of these refunds.
Refunds may be suspended until the goods are received. You are only responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If the right of withdrawal is exercised only for part of the order, only the price of the returned products will be refunded. In the event of partial withdrawal of the order, the Customer who has benefited of free shipping during the initial order for having exceeded a minimum order value, may be charged shipping costs corresponding to the placed order if the latter is of lower value than the minimum purchase required to obtain free shipping.
We specify that you can buy www.mokarico.com some customised products on which you cannot exercise the right of withdrawal. For more information read theGeneral terms and conditions
Means of payment
Credit cards and prepaid rechargeable cards
The Customer may make the payment due by credit card. A.D.A.srl accepts VISA, MASTERCARD, AMERICAN EXPRESS, VISA ELECTRON, POSTE PAY and CARTA AURA credit cards.
You can also pay through PayPal in complete security thanks to the SSL (Secure Sockets Layer) technology that ensures that no one can in any way read the information sent through the Internet. A.D.A.SRL does not process or retain card data.
You can also pay by bank transfer through your internet banking or directly from your branch. You can simply make a transfer of the amount indicated in the order confirmation to the following bank account:
BANCA NAZIONALE DEL LAVORO
Remember to enter in the transfer reason field the order number that you find on the order confirmation email.