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TERMS AND CONDITIONS OF USE
These Terms and Conditions can be saved electronically or printed by all users of our Website.
As we may change these terms from time to time without further notice, you should check this page regularly to take notice of any changes we may have made to it. Changes will apply to subsequent orders received only.1. LIMITS ON OUR LIABILITY
You will be liable for your use of Mood54.com and its contents. We shall not be considered liable for any use of the website and its contents made by you that is not compliant with the laws and regulations in force.
As any material downloaded or otherwise obtained through the use of our service is done at your discretion and risk, liability for any damage to computer systems or loss of data resulting from downloading will be solely held by you and cannot be attributed to us. We disclaim any liability for any damage caused by inaccessibility to services on the website or caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of content, problem related to network providers, unauthorized access to, alteration of data, failure and/or malfunctioning of your electronic equipment.
You are responsible for the safekeeping and proper use of personal information, including credentials that allow access to restricted services and for any damage or prejudice that might arise against us or third parties as a result of incorrect use, loss and theft of those credentials.
2. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in all software and content made available to you on or through this Website remains the property of the website and are protected by copyright laws and treaties around the world. All such rights are reserved by Mood54 Srl. You may store, print and display the content supplied solely for your own personal use. You are not authorized to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our website nor may you use such content in connection with any business or commercial enterprise.
Copyright © 2017 Mood54 Srl
This website is owned and operated by:
Mood54 Srl trading as Mood54.com Registered in Italy REA Company No. RM - 1516689
VAT No. IT 12709461003
Via Francesco Baracca, 26
Registered and business address:
Via Appia Nuova 990
3. TRADEMARKS AND DOMAIN NAMES
All brands that distinguish products sold at Mood54.com and appear on the website are registered trademarks of their respective owners and they are used within Mood54.com for the only purpose of distinguishing and describing products for sale at Mood54.com
4. DISCLAIMERS ON CONTENT
You must not misuse this website. We have adopted any measure to avoid that scenes or situations representing or describing physical or psychological violence such to be considered by you as damaging for civil convictions, human rights and people dignity in all their forms and expressions, are published on the website. We don't guarantee that the content of the website is appropriate or lawful outside the European Union. However, in the event that such contents are deemed to be unlawful or illegal outside EU, please do not access this website and, where you nonetheless choose to access it, we hereby inform you your use of our website shall be your exclusive and personal responsibility.
We have also adopted measures to ensure that the content of our website is accurate and does not contain any incorrect or out-of-date information. However, we cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law. Moreover, we cannot guarantee that the website will operate continuously, without any interruptions and errors due to the connection to the Internet.
If you would face a problem while using our website please contact us by using the following e-mail address: firstname.lastname@example.org. One of our representative will be at your disposal to assist and help you to restore your access to the website, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. The dynamic nature of the Internet and web content may not allow Mood54.com to operate without any suspensions, interruptions or discontinuity.
We have adopted adequate technical and organizational security measures to protect integrity of data and of electronic communications in order to prevent unauthorized or unlawful use of or access to such data, as well as to prevent risks of dissemination, destruction and loss of data and/or confidential and non confidential information regarding Mood54.com users.
Breaching this provision would constitute a criminal offence. Mood54.com will report any breach to the relevant law enforcement authorities and disclose your identity to them.
TERMS AND CONDITIONS OF SALE
These are the Terms and Conditions which will apply to your purchase of clothing, accessories and other goods from the website Mood54.com.
www.mood54.com reserves the right to modify these general conditions of sale without notice, may change, delete or add both the content and the services that are provided through this site is the format in which they appear or they are represented in its servers. These changes will be effective from the time of their publication on the website www.mood54.com and must be accepted by the consumer each time you make a purchase through the site www.mood54.com
This website and the goods are provided by Mood54 Srl, a company registered in Italy under REA no. RM – 1516689 with a registered office at Via Francesco Baracca, 26 - 00043 Ciampino Italy
When we refer to You we mean the user of the website and purchaser of goods.
For any enquiry please email our Customer Care at email@example.com
Shop at Mood54.com is easy! Each product is shown in a dedicated page together with images and a short description. Once you find a product you like, select size, color and quantity that you want to buy. If you want you can continue browsing the site and shopping.
If you're happy with the items in your shopping bag, click 'PROCEED TO CHECKOUT' to complete your order.
You will be able to use the “CLEAR SHOPPING CART” button to remove products from your shopping cart.
Checkout step 1 – login details – You WON’T need to create an account in order to shop with us! Checkout step 2 – invoicing and delivery details. Checkout step 3 – payment details and confirmation of order.
Please note that by clicking on the “Proceed to checkout” button you declare to fully understand and accept the totality of these Terms and Conditions.
Your Order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. We reserves the right to refuse any order placed by a customer with whom there is an ongoing dispute. On receipt of your Order and once verified the availability of the product, we will send you an Order Confirmation to the email address which you provide in the Order process. This email will contain your order number, a summary of the general terms and conditions, detailed information concerning goods, price, payment methods, delivery fees and taxes whereas applicable.
Please note that the recipient of any products shipped outside the European Union may also have to pay import duty or other taxes, fees and charges applied by customs or other authorities in the country of receipt. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs authorities.
Once you order has been confirmed you can check all details by logging into your personal account.
Copy of orders is stored in our server and can be supplied to customer upon request, either in paper or electronic format. Please note that a copy of order in electronic format will be sent for free to customer email address; printing and delivery fees for paper copy will be at customer expenses.
2. PRODUCT DESCRIPTION
a. Product descriptions have been arranged by using information provided by our suppliers. Furthermore, the information provided on each product, as well as its pictures and its videos as well as all trade names, trademarks or distinctive symbols, have been published for guidance purpose only.
b. We have made every effort to display as accurately as possible the colours of our products as much as details, descriptions and prices of products appearing on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that it will accurately reflect the colour of the product on delivery.
c. All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Please refer to the size guide for clarification.
d. We will do its best to correct mistakes and omission which may occur to product descriptions as quickly as possible.
e. We do not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
a. Prices reflect the actual selling prices and are inclusive of VAT. Such prices will be applied to users who are resident within EU, TAX FREE prices will instead be applied to users who are resident outside the EU. In this last case, the total of the order will be automatically calculated online by subtracting VAT and such exemption will be reflected in the final bill.
Please note that orders shipped outside the EU will be shipped on DDU (Delivery Duties Unpaid) basis, meaning taxes and duties are not included in the sale price. Sale tax and customs duties when a parcel enter a country will be at customer expenses.
b. Prices displayed on this website are in Euros or American Dollars, according to your location. If you wish to convert the amount into your local currency please note that the exchange rate applied will the one quoted and traded on the day of conversion.
c. We may sometimes offer special promotions to registered customer. Terms and conditions of ongoing promotions will be published on "promo we love" page.
d. Prices can be updated anytime without notice to you. Check final sale price before placing an order. In case of an obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your order, even if it was automatically confirmed by us.
Choose how you wish to pay for your purchases. You can choose the payment method that suits you best at the checkout:
a. We accept Visa, MasterCard and Maestro debit/credit cards. Payments can also be made by PayPal, by bank transfer or Cash On Delivery with an additional 6 euros fee. If you choose to pay by bank transfer, copy of your bank transfer must be sent via email within 48 hours, otherwise your order will automatically be canceled.
b. If the payment is made by credit/debit card, all financial data (such as credit/debit card number or expiry date) will be sent in an encrypted format to Banca Sella or to other banks providing online electronic distance payment services without third parties having any access to such data. In assessing your request for goods, we may use your information for the purposes of fraud prevention and detection. One of the purposes for which we may disclose your address and postcode details is to check against the IMRG Security Alert or any other Fraud Prevention Scheme. At all times where we disclose your information it will remain secure.
c. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorize payment then you will be notified of this immediately via e-mail.
d. For security reasons only our banking partner can access to your credit/debit card details, we have no chance at all to know or register such data.
e. In case of non-availability of the product after the order has already been made, the consumer will be informed by e-mail of its cancellation. As a result of such cancellation a refund will immediately be issued.
f. Regular invoice will be issued for each order placed and submitted to you electronically.
g. The minimum age for shopping at Mood54.com is 18 years old.
If you change your mind about your purchase you have 24 hours from the moment you placed your order to cancel it. Please contact our customer service department by calling (+39) 067900974 or sending an email to our sales department firstname.lastname@example.org.
6. LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the Italian law and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Italian courts.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
a. Your parcel will be delivered by DHL or UPS within 4 to 6 working days following order confirmation. Please allow up to 2 additional days for rural postcodes.
However, sometimes during sale periods or other busy periods, deliveries may take longer. If this time has passed and you have still not received your parcel please contact our Customer Services at email@example.com.
Mood54.com shall not be held responsible for delays in shipments caused by weather conditions, international customs issues or any other circumstances beyond its control.
b. You can track the progress of your order through the information available on DHL or UPS courier website www.dhl.com or www.ups.com by using your tracking code or your Airway Bill Number
c. Deliveries fees will vary according to your country zone:
Deliveries within zone 1 will amount to €7, unless otherwise specified. We offer free delivery for orders over €100 in a single transaction.
Deliveries within zone 2 will amount to €20, unless otherwise specified. We offer free delivery for orders over €400 in a single transaction.
Deliveries within zone 3 countries will amount to €35, unless otherwise specified. We offer free delivery for orders over €1500 in a single transaction
Deliveries within zone 4 countries will amount to €70. We offer free delivery for orders over €1500 in a single transaction.
Deliveries within zone 5 countries will amount to €80. We offer free delivery for orders over €1500 in a single transaction.
Deliveries within zone 6 countries will amount to €90. We offer free delivery for orders over €1500 in a single transaction.
d. If you have a parcel which is undeliverable you will always receive a reminder. If the courier will be unable to deliver your parcel after two attempts, you will receive an unclaimed good advice and you will have to collect your parcel yourself from the courier storage. Alternately you can access to the courier Re-delivery service at your expenses. Storage costs won't be charged up to the second day. From the third day onwards storage costs will be at your expenses and you will then be charged €15 to cover the costs we have incurred in connection with the undeliverable parcel.
e. Shipments outside the EU are tax free but are subject to import taxes and duties (DDU - Delivery Duties Unpaid). Any import duties and taxes are charged once the parcel has reached the destination country and these charges must be paid by the recipient of the parcel. Unfortunately, we have no control over these charges as customs policies vary from country to country. If you have any questions related to customs charges you are advised to contact your local customs office.
f. As required by International Laws regulating Commerce and Trade of imports and exports, all shipments from Mood54.com are accompanied by an invoice declaring the exact total value of merchandise purchased in Euro. Sale items purchased will be accompanied by an invoice declaring the discounted value of the items.
g. Products must be checked at the moment of delivery; you have the right to raise any complain that appear justified, including the possibility of refusing a package which has been opened or which has been damaged. Complaints should be addressed to 1954 ITALIAN STYLE Srl, Via Appia 990, 00178 Rome (Italy) or by email to firstname.lastname@example.org
h. In some cases the recipient of the goods might be contacted by their local Customs Service. This can be for customs duty or simply because they need a permission and/or a statement from the recipient in order to proceed with customs clearance.
i. In case the goods can not be delivered because of the recipient's lack of communication with their local Customs Service, the goods will return to the sender after 5 business days. The goods will become property of the seller again, and it will not be possible to receive a refund for the purchase.
l. Please note that in case a parcel, at delivery, is refused without any valid argumentation and has to be returned to the shipper, from the amount to be refunded will be deducted any amount paid to Italian Customs for the customs clearance and both shipping fees (original and return shipment).
RETURN AND EXCHANGE POLICY
We promise to refund any items that you are not completely happy with when you return it to us in saleable condition.
We have the right to check and value the conditions of the returned merchandise, establishing possible additional charges required for the relisting of returned items
We will refund the price you purchased your item at.
We have the right not to accept returned item which are missing their identification tag and /or warranty seal, which have been damaged, worn, washed or if their essential qualitative characteristics have been altered. Unwanted items must be returned in the same conditions as originally sent and in a suitable and anti-tampering packaging
To get your return authorization number please sign into your account on the website or select the return option by clicking on the Customer Service button on the top bar. You will receive an email from Mood54.com with instructions for the return shipment.
If the return package is shipped using a different courier than the one provided, all consequent costs will be the client’s responsibility.
You can return any item for a refund within 14 calendar days of receiving your original order. This means the return request and the date of postage must be within 14 calendar days from the receipt of the goods. If not, we could refuse your return at our discretion.
For extra-EU returns that are not free because the order does not exceed the amount of €1500, we recommend you use your local mail service for that purpose.
Please note that in case of an extra-EU return we may deduct custom duties from the amount to be refunded.
Our returns policy does not affect your statutory rights in respect of defective products.
Returns from zone 1 and zone 2 are always FREE. Please note that return shipment is FREE when shipped using the courier provided by Mood54.COM.
Returns from zone 3, zone 4, zone 5 and zone 6 are FREE only for orders over €1500.
10. DEFECTED MERCHANDISE: If you receive defected merchandise you have to follow the same procedure described above (point from 1 to 9) but we have the right to ask for photographic evidences. Following positive verification of the defection, we will send you replacement items for free.
Once the request for refund will be accepted by Mood54.com, the amount to be refunded will be credited back on your bank account within 14 (fourteen) calendar days from the date of acceptance. Our refund will be payable with the same payment method you chose for purchase. In case you chose to pay by Cash on Delivery, your refund will be issued through wire transfer to a bank account that should be indicated in the Return Form or communicated by writing to email@example.com.
Please note that in case a parcel, at delivery, is refused without any valid argumentation and has to be returned to the shipper, from the amount to be refunded will be deducted any amount paid to Italian Customs for the customs clearance and both shipping fees (original and return shipment).
Promotion codes are non-transferable and cannot be exchange for cash. Furthermore, they cannot be used in conjunction with any other discount or offer, discounted products, fixed price items unless specified.
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