1) INTRODUCTION
These General Conditions of Sale apply to purchases made by Buyers, as defined and identified below, through the www.mutina.it website.
These General Conditions of Sale are published on the www.mutina.it website.
2) DEFINITIONS
“Causes of Force Majeure”: has the meaning of the events indicated in article 21.
“Customer”: has the meaning of the individual or entity (Consumer or Professional) that sends an Order through the www.mutina.it web platform for the purchase of one or more Products.
“Consumer Code” : has the meaning of Leg. Dec. 6 September 2005, no. 206 (Consumer Code) as amended.
“Order Confirmation” : has the meaning of the confirmation e-mail sent by Mutina in reply to the Purchase Order sent by the Customer.
“Consumer” : has the meaning of the Customer individual that resides or is domiciled in Italy or in one of the other member countries of the European Union and who acts for personal and not professional purposes, unrelated to any entrepreneurial, commercial, craft or professional activities carried on, as defined as per art. 3, paragraph 1, letter a), of Leg. Dec. 6 September 2005, no. 206 and coordinated and updated with subsequent amendments (the Consumer Code): “consumer or Customer: an individual that acts for purposes unrelated to entrepreneurial, commercial, craft or professional activities carried on”.
“Contract” : has the meaning of a sales contract concerning the Products present on the www.mutina.it e-commerce portal entered into between the Seller and the Customer as part of the sales system managed through telematic tools organized by the Seller.
“Purchase Order”: has the meaning of the completion of the purchase procedure through the carrying out of payment and check-out.
“Portal” or “E-commerce platform” or “Website” have the meaning of the www.mutina.it
“Price”: has the meaning of the price of the Product published on the Portal.
“Product”: has the meaning of the article offered for sale on the Portal.
“Professional”: has the meaning of a self-employed buyer or entity that, through an engaged and authorised individual (legal representative, employee, sub-contractor), interacts with the www.mutina.it e-commerce platform and enters into an online sales contract in the exercise of their entrepreneurial and commercial activity.
“Seller”: has the meaning of CERAMICHE MUTINA S.p.a. , with registered office in Fiorano Modenese (Modena), Via del Crociale no. 25, Tax Code and VAT no. 00336880364 – that acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts via the www.mutina.it e-commerce platform in compliance with these General Conditions of Online Sale.
3) USE OF THE PORTAL
a. The Portal is made available to the Customer without the issue of any guarantee or specific license: the Customer takes on all the risks associated with use of the Internet and IT applications (hardware and software), remaining responsible for the risks connected with IT security (antivirus, firewall, etc.) and the improper use of the network and IT tools.
b. The Seller is not liable and is not answerable for:
- Any viruses, malicious codes or any problems linked to the Customer’s Internet browsing;
- Disruptions or malfunctions of the Portal attributable to causes of force majeure;
- Disruptions or malfunctions connected to the Internet, except in the case of wilful misconduct or gross negligence;
- Interruptions in the shop-on-line service;
- Fraudulent and unlawful use that may be made on the part of third parties, of credit cards, cheques and other means of payment.
c. The Customer undertakes to arrange to print and store this contract once the online procedure is completed.
4) GENERAL PROVISIONS
a. The publication of the Product and the indication of the Price do not constitute a contractual proposal but a mere invitation to the Customer to formulate a contractual proposal.
b. No exceptions to the General Conditions of Sale, whether verbal or written, are permitted, not even in the event of acceptance of the Purchase Order on the part of the Seller.
c. The Customer is aware and accepts that the General Conditions of Sale may vary and that every purchase is regulated exclusively by the general Conditions of Sale in force when the Customer sends the Order to the Seller.
5) PRE-CONTRACTUAL INFORMATION PROVIDED TO THE CONSUMER
a. Pre-contractual information for the Consumer is provided before the Customer is bound by the (distance) online sales contract. Specifically, the information prescribed by art. 49 of Leg. Dec. 2014, no. 21 is provided by the www.mutina.it website and is always consultable through access to the “General Conditions of Sale” link.
b. This Contract, downloadable in Italian and English, applies exclusively to distance sales through the internet of the products and services offered on the Site alongside of which there is the button used for sending the Purchase Order.
c. The Seller constantly arranges for the updating of the Site and its contents. In the event of changes to this Contract or to the purchase order made by the buyer, the contractual provisions published on the Site at the time of sending of the order shall apply.
d. The Site provides the information prescribed by the Consumer Code (Leg. Dec. 206/2005) and its consultation allows the Customer to be aware of the information published on it and implies consent to the use of the digital format for all deeds or documents relating to the sale of the goods and the supply of the services offered, without the need for paper media.
6) SUBJECT MATTER OF THE ONLINE SALE
a. The subject matter of the online sale are the Products that the Seller offers for sale and which the Customer intends to purchase through access to the www.mutina.it Platform.
b. The information provided by the Seller regarding measurements, weights and characteristics of the Product, as well as illustrations, descriptions and drawings of the products published on the www.mutina.it site shall be considered as indicative. Differences in shades and desired imperfections between bases and their complements are a positive characteristic of artistic productions. The table of calibres indicates the actual measurements of the product in the collections in which it is shown.
7) SALE PRICE
a. The Sales Price published in the On-line Shop is expressed in euros.
b. For Orders with deliveries to a country member of the European Union, the Prices are considered as inclusive of VAT at the rate in force upon making the Purchase Order.
c. The Price is indicated for each single unit of Product and incudes VAT and taxes, but does not include shipment costs which are determined in the check-out phase and summarized in the Order Confirmation e-mail.
d. The amount of shipment costs for the delivery of goods in Italy or abroad shall depend on the quantity, the weight and the dimensions of the product purchased by the Customer.
e. The Seller reserves the right to change the Price at any time. The Price applied to the sale is that communicated to the Customer during check-out.
8) ACCESS TO THE ONLINE SHOP – CLOSURE OF THE CONTRACT – RETENTION OF TITLE
a. The clauses of the Contract apply to the Customers of www.mutina.it.
b. The Customer that intends to proceed with the purchase must accept both the General Conditions of Online Sale and the restrictive clauses specifically referred to at the foot of the contract, as well as read the Privacy Policy, always via the flags on the respective check boxes.
c. The Customer that decides to confirm the order must first click on the link that connects to the “trolley”. The “trolley” remains active for a period of time deemed sufficient for the conclusion of the Contract. Upon the expiry of this period of time, the link will be deactivated by the Seller. Having viewed their trolley, the Customer can then:
- decide to change the quantities of the products requested;
- add one or more articles offered in this area by the Seller.
d. The Contract is considered as closed upon receipt, on the part of the Customer, of the Order Confirmation, but title of the product is transferred to the Customer only when the price, including VAT and taxes, and packaging, shipment and delivery costs (excluding customs duties which are always payable by the Customer), have been paid in full by the Customer.
e. The amount of delivery costs is determined at the check-out on the basis of the dimensions of the order and the place of delivery. Any customs duties and/or procedures for obtaining clearance of the product are exclusively the responsibility of the Customer who must arrange for their payment directly in favour of the carrier as regulated by article 11 below.
f. The Customer assumes full liability for the correctness of the shipment and delivery data and the information provided by them and is aware that, in the event of erroneous data and/or information, the Seller is not obliged to redirect the shipment. Every cost and expense resulting from the erroneous communication of data and/or information on the part of the Customer is considered as exclusively payable by the same.
g. Mutina shall respond to receipt of the Order with the sending of an Order Confirmation e-mail to the e-mail address communicated by the Customer. The Order Conformation summarises the chosen Products, the quantities, the relative Prices (including VAT, Packaging, Shipment and Delivery costs, with the exclusion of any customs duties exclusively payable by the Customer), the place of delivery and bears the General Conditions of Sale accepted by the Customer and any particular conditions applicable to the single Order further to the Customer’s specific requests.
h. The Customer is obliged to verify with maximum care and attention the correctness of the data contained in the Order Confirmation on penalty of cancellation of the Order in the event of discrepancies (by way of example, but not in exhaustive terms, insertion of the wrong Post Code).
9) AVAILABILITY OF THE PRODUCTS
a. All Orders are subject to the availability of the Product. In the event of unavailability of the product, the Order is not accepted.
10) Shipment conditions and terms
a. Ceramiche Mutina S.p.a. delivers to most countries in the world. If it is not possible to complete the check-out due to shipment limitations, the Customer can contact Mutina at the contact details indicated, which will verify the possibility of arranging, in any case, the shipment.
b. Shipment of the goods occurs after full payment of the consideration on the part of the Customer.
c. The standard Shipment time for all the products published in the Online Shop is 1-4 working days. This term is intended as indicative and, without prejudice to what is provided for in the event of unforeseeable circumstances and force majeure, can, in all events, undergo changes (for example, in the case of oversized or special products).
d. All the terms are expressed in working days. Weekends (Saturday and Sunday) and bank holidays are, therefore, excluded.
e. The shipment terms refer to articles in stock. The shipment terms of Products to order and in pre-order Products may vary at the Seller’s discretion, as specified in the Product page.
f. The Seller does not guarantee that all the products published on www.mutina.it and ordered by the Customer are available in stock upon making the order. In the event of ascertained unavailability in stock of the selected Product, the Customer is contacted by telephone or by email by Ceramiche Mutina S.p.a.
11) DELIVERY CONDITIONS AND TERMS – FEES AND COSTS – EXPRESS TERMINATION CLAUSE
a. After sending the Order Conformation, Ceramiche Mutina S.p.a. sends the Customer an e-mail to enable tracing of the Package.
b. The Seller undertakes to deliver the Product to the place agreed according to the “Delivery At Place” Incoterm rule, with the risk, therefore, transferring to the Customer when the Product reaches the place of delivery, but before the unloading of the Product from the means of transport.
c. All obligations and costs (for expenses, taxes, duties etc.) necessary for customs clearance of the Product and other customs duties, as well as, in the event of failed clearance and/or in the event of failed payment on the part of the Customer of expenses, taxes, duties and fees connected with customs procedures, any storage or additional shipment costs, are payable by the Customer.
d. All costs payable by the Customer shall be quantified and communicated to them by the carrier.
e. The Customer’s refusal to arrange for the payment of all or part of the aforementioned costs is considered as grounds for termination of the contract pursuant to art. 1456 of the Italian Civil Code, with the Customer’s consequent obligation to return the product in perfect condition, intact in all its parts, complete with the labelling and packaging which must also be intact. Against the restitution of the product, Mutina shall arrange for the reimbursement of the price paid but will withhold all the costs relating to delivery, customs fees, taxes, duties and any storage costs, as well as the transport for the restitution of the goods to Mutina’s offices.
12) CHANGES AND RETURNS
a. The Customer can ask to return the Product or request its replacement through a written request to be sent by e-mail to the address shop@mutina.it within 14 (fourteen) days from the date of Delivery.
b. In the event of the absence of a written request, Ceramiche Mutina S.p.a. reserves the right to refuse the change and/or return.
c. The Product subject to change and/or return must be returned in perfect condition, intact in all its parts, complete with labelling and packaging which must also be intact.
d. Changes and/or returns of Products without labelling or with partially removed, moved or damaged labelling are refused, as well as changes and/or returns of Products with opened packaging.
e. A change of product is always possible, subject to verification of the availability of the replacement Product.
f. The cost of the shipment of the return is payable by the Customer.
g. In the event of a return, the reimbursement of the Price is made within 14 (fourteen) days from the date of receipt of the product by crediting the Customer's payment card or by means of a bank transfer according to the bank details indicated by the Customer. All shipment costs, customs duties and/or taxes and fees are not refundable. In the event VAT been applied, it will be included in the reimbursement.
h. A request to change a Product considered by the Customer to be non-conforming to that ordered or damaged during transport must be sent within 8 (eight) days from receipt of the Product to the address shop@mutina.it or the contact details indicated in art. 21, accompanied by photographic documentation of the Product alleged to be non-conforming or damaged, of the labels, packaging and the number of the order.
i. The Change will be made in the event of ascertained non-conformity or damage, subject to restitution on the part of the Customer of the non-conforming or damaged Product and subject to verification on the part of the Seller of the availability of the replacement Product. In the event of unavailability of the Product, the Price of the Product will be reimbursed.
13) PAYMENT
a. Payment of the Price can be made exclusively by credit or debit card active on the Visa, MasterCard and American Express circuits.
b. The amount of the Price is charged at the time of the order.
c. Information relating to methods of payment (for example, the number of the credit card or its expiry date) are not used by the Seller unless to complete the procedures relating to the purchase and any reimbursement of the Price in the event of the return of the Product or in the event of withdrawal, or if it is necessary to provide information to the police for the prevention or reporting of fraud.
14) WARRANTY RIGHT
a. The Seller guarantees that the Product is free from defects in accordance with art. 1490 of the Italian Civil Code.
b. The Customer forfeits the warranty right in the event of failing to report possible defects to the Seller in writing within 8 (eight) days starting from the day of receiving the material or if, although having promptly reported the defects, the report is not accompanied by photographic documentation showing the condition of the Product in accordance with article 12, letter h.
c. No defect can justify avoiding or delaying due payment.
d. Products subject to wear or, in any case, to normal deterioration due to use, are not covered by the Warranty.
15) CONSUMER’S WARRANTY RIGHT – TERMS FOR THE EXERCISE OF THE WARRANTY RIGHT
a. Notwithstanding the provisions of art. 12 and 14 above and pursuant to art. 130 of the Consumer Code, the Seller is liable with respect to the Consumer for any conformity defect existing upon delivery of the articles.
b. In the event of a conformity defect, the Consumer has the right to the restoration, without costs (of shipment, labour and materials), of the article’s conformity through repair or replacement, or an adequate reduction in the price or the termination of the contract.
c. The Consumer can request, at his/her discretion, the Seller to repair the article or to replace it, without costs in either case, unless the remedy requested is objectively impossible or excessively onerous compared to the other.
d. One of the two remedies is to be considered as excessively onerous if, compared to the other, it imposes unreasonable costs on the Seller, taking account of:
- the value the article would have if it didn’t have the conformity defect;
- the entity of the conformity defect;
- the possibility that the alternative remedy can be undertaken without significant inconvenience for the Consumer.
e. The repairs or replacements will be carried out within a reasonable time, limiting possible inconveniences for the Consumer to a minimum, taking account of the nature of the article and the purpose for which the consumer has purchased the article.
f. The Consumer can request, at his/her discretion, a reduction in the price or the termination of the contract upon the occurrence of one of the following situations:
- repair and replacement are impossible or excessively onerous;
- the Seller has not arranged for the repair or replacement of the article within a reasonable time as per paragraph i. above;
- the replacement or repair previously carried out has caused significant inconveniences for the Consumer.
g. Use of the article will be taken into consideration in determining the amount of the reduction or sum to be refunded.
h. After reporting the conformity defect, the Seller can offer the Consumer any other remedy available, with the following effects:
- in the event the Consumer has already requested a specific remedy, the Seller remains obliged to implement it, subject to the Consumer’s acceptance of the alternative remedy;
- in the event the Consumer has not already requested a specific remedy, the Consumer must accept the proposal or refuse it, choosing an alternative remedy as per this article.
i. A conformity defect of minor entity for which it has not been possible, or it is excessively onerous, to carry out repair or replacement remedies, does not give rise to the right to terminate the contract.
j. The Seller is liable, according to article 130, when the conformity defect arises within the term of two years from delivery of the article.
k. The Consumer forfeits the right provided for by article 130 if he/she does not report the conformity defect to the Seller within the term of two months from the date on which he/she discovered the defect. Reporting is not necessary if the Seller has acknowledged the existence of the defect or if it has concealed it.
l. Unless proven to the contrary, it is assumed that the conformity defects arising within six months from delivery of the article already existed at that date, unless this possibility is incompatible with the nature of the article or with the nature of the conformity defect.
m. Action taken to assert defects not maliciously concealed by the Seller is limited to, in all events, within the term of twenty-six months from delivery of the article; the Consumer, who agrees to the execution of the contract, can, however, always exercise his/her rights as per article 130, paragraph 2, provided the conformity defect was reported within two months from its discovery and before the expiry of the term as per the previous paragraph.
16) POLICY ON THE CONSUMER’S RIGHT OF WITHDRAWAL
a. Notwithstanding the other contractual provisions, the Consumer has the right to withdraw from the contract, without any penalty and without specification of the reason, within the term of 14 (fourteen) days as specified below:
- in the event of the purchase of a single article, “from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods”;
- in the event of a contract relating to multiple goods ordered by the Consumer in a single order (the purchase of a number of goods with the same order) and delivered separately: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last article;
- in the event of a contract relating to the delivery of an article consisting of lots or multiple pieces: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.
17) EXERCISE OF THE CONSUMER’S RIGHT OF WITHDRAWAL
a. The Consumer informs the Seller of his/her decision to exercise the right of withdrawal from the contract before the expiry of the withdrawal period as per article 15 above.
b. To this end, the Consumer can communicate, by e-mail to the addresses indicated below, an explicit declaration of his/her decision to withdraw from the contract. In this case, the Seller communicates without delay by e-mail to the Consumer a confirmation of receipt of the withdrawal exercised.
c. The burden of proof regarding the exercise of the Right of Withdrawal falls to the Consumer.
18) EFFECTS OF THE CONSUMER’S WITHDRAWAL
a. The Consumer that withdraws from the Contract will be refunded all the payments that he/she has made in favour of the Seller, including delivery costs (with the exception of supplementary costs deriving from any choice of a particular type of delivery different from the less costly standard delivery offered), not later than 14 days from the day on which the Seller is informed of the decision to withdraw from this online sales contract.
b. Said refunds will be made using the same means of payment used for the initial transaction.
c. The refund will, however, be suspended until receipt of the article to be returned.
d. The Product to be returned must be shipped to the Seller within 14 days from the day on which the Consumer communicated his/her withdrawal.
e. The direct cost of the restitution of the Product is payable by the Consumer.
19) EXCLUSIONS OF THE CONSUMER’S RIGHT OF WITHDRAWAL
a. The right of withdrawal is excluded with regards to:
- the supply of Products the Price of which is linked to financial market fluctuations that the Seller is unable to control and which could occur during the withdrawal period;
- the supply of tailor-made or clearly customised Products;
- the supply of products that risk rapidly deteriorating or expiring;
- the supply of sealed Products that cannot be returned for hygiene reasons or for reasons connected with health safety and have been opened after delivery;
- the supply of Products which, after delivery, are, due to their nature, inseparably mixed with other goods;
- the supply of sealed audio or video recordings or sealed IT software that have been opened after delivery;
- the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of said publications;
- the supply of digital contents through an intangible medium with the express agreement of the Consumer and with his/her acceptance of the fact that in such case he/she would lose the right of withdrawal.
20) LIABILITY AND OBLIGATIONS OF THE SELLER WITH RESPECT TO THE CONSUMER: LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSABLE DAMAGES
a. Pursuant to arts. 114 and following of the Consumer Code, the Seller is liable for damage caused by defects in the article sold in the event it fails to communicate to the claimant party, within three months from request, the identity and the address of the manufacturer or of the person that supplied the Seller with the article.
b. The above request on the part of the claimant must be made in writing and must indicate the product which has caused the damage, the place and the date of purchase; it must also contain the offer to view the product, if it still exists.
c. The Seller may not be held liable for consequences deriving from a defective product if the defect is due to conformity of the product to a mandatory legal requirement or a binding provision, or if the state of scientific and technical knowledge when the manufacturer issued the product on the market did not permit consideration of the product as defective.
d. No compensation shall be due in the event the claimant was aware of the defect of the product and of the consequent danger and nevertheless has voluntarily exposed him/herself to it. In all events, the claimant will have to prove the defect, the damage, and the causal link between defect and damage.
e. The claimant can request compensation for damage caused by death or personal injury or from the destruction or deterioration of an object different from the defective product, provided it is of a type normally intended for private use or consumption and therefore mainly used by the claimant.
f. The damage to objects as per art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (euro 387).
g. In no event may the Consumer be held liable for delays in, or problems with, payment if he/she can demonstrate to have made the payment in the times and ways indicated by the Seller.
h. The Seller may not be held liable for damage, losses and costs suffered by the Consumer further to failed execution of the contract for causes of force majeure not attributable to the Seller, the Consumer only having the right to the restitution of the price paid and of any accessory costs incurred.
i. The Seller does not assume any liability for any fraudulent and unlawful use that may be made by third parties, of credit cards, cheques and other means of payment upon the payment of the products purchased, if the Seller can demonstrate to have taken all possible precautions on the basis of best knowledge and experience at the time and on the basis of ordinary diligence.
j. The Seller does not assume any liability regarding the truthfulness and/or completeness of the information published on the site, regarding the care and maintenance of its products, which may, therefore, contain inaccuracies and/or printing errors. The precision or accuracy of such information, as well as the reliability of any suggestion, opinion, declaration or other information contained in the site are also not guaranteed. The Customer recognises that any reliance on said information is at their exclusive risk and that any intervention made may affect the warranty or level of guarantee. In no event may the Supplier be held liable for direct and indirect damage linked to the use and maintenance of the products.
21) GUARANTEES AND SUPPORT SERVICES FOR THE CONSUMER
a. The Seller is answerable for any conformity defect that occurs within the term of two years from delivery of the Product to the Consumer.
b. For the purpose of this contract, it is assumed that the Products comply with the Contract if, where relevant, the following circumstances apply:
- they are suitable for the use as normally applying to Products of the same type;
- they comply with the description provided by the Seller and have the Product qualities that the Seller presented to the Consumer in the form of a sample or model;
- they have the customary qualities and performances which the Customer can reasonably expect of a Product of the same type, taking account of the nature of the Product and, if appropriate, of public declarations of specific characteristics of the Seller’s products, particularly in advertising and on the labelling;
- they are also suitable for the particular use desired by the Consumer, the Seller having been made aware of said use by the Customer upon the closure of the contract and the Seller having accepted by conduct.
c. Products subject to wear and all that can be considered as normal deterioration due to use are not covered by this guarantee.
d. The Consumer forfeits every right if he/she fails to report the conformity defect to the Seller within the term of two months from the date on which the defect was discovered. Reporting is not necessary if the Seller has recognised the existence of the defect or has concealed it.
e. In every event, unless proven otherwise, it is assumed that the conformity defects arising within six months from delivery of the article already existed at that date, unless this possibility is incompatible with the nature of the article or with the nature of the conformity defect.
f. In the event of a conformity defect, the Consumer may request, alternatively and without costs, according to the conditions set out below, the repair or replacement of the purchased Product, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet or is excessively onerous for the Seller in accordance with art. 130, paragraph 4, of the Consumer Code.
g. The request may be made in written form, by registered letter with acknowledgement of receipt or by certified or ordinary e-mail to the Seller, which will indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within seven working days from receipt. In the event the Seller accepts the Consumer’s request, it will indicate the methods shipment or return of the article in the same communication, as well as the expected term for the return or replacement of the defective article.
h. The Consumer is always required to store and send the Seller a copy of the invoice, the receipt or equivalent document, bearing the name of the Seller, the date and the place and date of delivery of the product.
i. In the event repair and replacement are impossible or excessively onerous, or the Seller has not arranged for the repair or replacement of the Product within the term as per the previous point, or, finally, the replacement or repair previously carried out have caused significant inconveniences for the Consumer, the latter may request, at his/her discretion, a suitable reduction in the price or the termination of the contract. The Consumer shall, in this case, forward his/her request to the Seller, which shall indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within seven working days from receipt.
j. In the event the Seller has accepted the Consumer’s request, the Seller shall indicate the proposed reduction in price or the means of return of the effective article in the same communication. The Consumer shall, in this case, be required to indicate the methods for recrediting the sums previously paid to the Seller.
k. The Consumer may communicate to the Seller any claims or request support and assistance by post or by telephone or e-mail to the following contact details:
Ceramiche Mutina S.p.a.
Via del Crociale n. 25
41042 – Fiorano Modenese (MO) - Italy
+39 0536 812800
e-mail shop@mutina.it
22) CAUSES OF FORCE MAJEURE
a. Causes of force majeure are considered as any event, act, fact or circumstance not directly attributable to Mutina, which it has not been able to prevent using ordinary diligence, and is such as to make it impossible to fulfil, in whole or in part, any of the obligations arising from the Contract.
b. The Customer and the Seller mutually acknowledge the following situations as exclusively and strictly constituting Causes of Force Majeure:
- national, local and category strikes and the occupation of sites in relation to national or local category protests;
- wars or other acts of hostility, including terrorist actions, revolutions, invasions, sabotages, acts of vandalism, riots, uprisings and other civil unrest;
- blockades and embargoes, also of a financial nature;
- adverse natural phenomena of exceptional magnitude, including lightning, earthquakes, avalanches, landslides, fires, the bursting of river banks, floods, adverse climatic conditions or meteorites, volcanic eruptions that prevent, at the Contractor’s unquestionable discretion, the execution of the Activities and/or which were not foreseeable or predictable on the basis of average meteorological data for the period;
- explosions, radiations and chemical contaminations;
- acts or omissions of the authorities, which are not determined by malicious, negligent or omissive conduct on the part of the Subcontractor, which lead to the interruption of the Services;
- the spread of infectious diseases (including the Covid-19 virus) only to the extent that the performance of the Services is expressly prohibited by a measure issued by a public authority.
c. It is understood that, for the entire duration of the Cause of Force Majeure, the Seller shall bear the costs falling under its field of competence. The Customer may not request and obtain any reduction in the Consideration, a refund, compensation or indemnity in relation to the occurrence of the Cause of Force Majeure, nor will they have the right to terminate the Contract or withdraw from it. The Seller does not assume any liability for damage that may be suffered by the Customer and to their staff or to third parties for Causes of Force Majeure.
23) INTELLECTUAL PROPERTY
a. Unless specifically authorised, the Customer may not use the “Mutina” trademark on its catalogues, price lists, websites, social networks or trade fair stands.
b. Unless specifically authorised, the buyer may not use on its catalogues, price lists, websites, social networks or trade fair stands any photograph or image taken from the catalogue or website of the Seller or, in any case, owned by Ceramiche Mutina S.p.a..
c. The authorisation must be requested on each occasion with specific indication of the sign, photograph or image that the Customer intends to use, as well as the specific context of said use.
d. For the purpose of protecting the prestige and renown of the “Mutina” trademark, the Customer undertakes not to sell the Product purchased through the online channel or through any other channel at below-cost prices or to retailers of clearance sale stocks and goods.
24) PROTECTION OF PERSONAL DATA
a. Further information on how the personal data of buyers is processed is available by accessing the Privacy Policy published on the www.mutina.it site.
25) APPLICABLE LAW AND COMPETENT COURT
a. These General Conditions of Sale and, as a consequence, the online sales contracts entered into between Mutina and the Customer are regulated and interpreted on the basis of Italian law. If the Customer is a Consumer resident or domiciled in Italy, the provisions of Leg. Dec. 6 September 2005 no. 206 as amended (Consumer Code) apply).
b. For every dispute relating to the validity, effectiveness, interpretation, execution and termination of this contract and of any integrations, also via the internet, the parties agree the exclusive competence of the Court of Milan with the express exclusion of any other court.
c. Only in the event that the Customer is a Consumer resident or domiciled in Italy shall the court of the place of residence or domicile of the same Consumer have exclusive competence.
d. In the event, instead, that the Customer is a Consumer resident or domiciled in a European Union country or takes legal action against the Seller, he/she may opt between the court of the member State in whose territory the Seller is based or is domiciled and that of the place in which the same Consumer resides or is domiciled. In the event the Customer is a Consumer resident or with domicile in a European Union country and is sued by the Seller, the court of the Consumer’s place of residence or domicile shall have exclusively competence.
26) CHANGES AND UPDATES OF THE GENERAL CONDITIONS OF SALE
a. The General Conditions of Sale are changed from time to time in view of changes in legislation. The new General Conditions of Sale will be effective from the date of publication on the www.mutina.it website.
27) COOKIES
a. www.mutina.it uses cookies to improve your browsing experience on the site.
b. The cookies identify your computer and permit the site to remember your personal settings. Cookies are also used for statistical purposes.
SPECIFIC APPROVAL PURSUANT TO ARTICLES 1341 AND 1342 OF THE ITALIAN CIVIL CODE OF THE GENERAL CONDITIONS OF ONLINE SALE INDICATED IN BOLD
Pursuant to and by the effects of articles 1341 and 1342 of the Italian Civil code, the Customer
DECLARES
- to have carefully examined the above text of the General Conditions of Online Sale;
- to have analysed with attention the clauses highlighted in yellow and consequently.
DECLARES
To expressly approve by means of specific acceptance, the following clauses:
- article 11, letter e (delivery terms – Customer’s refusal to pay all or part of the shipment and/or customs costs and termination of the contract pursuant to art. 1456 of the Italian Civil Code);
- article 22, letter c (cause of force majeure);
- article 25 (applicable law and competent court).
