General Conditions of Sale
These General Terms and Conditions of Sale (G.C.C.) govern the sale of MOMO branded products (hereinafter also referred to as Products) marketed by DLS s.a.s. di Hong Wanren & C., with registered office in Prato (PO) Via Gora del Pero, 23/25, tax code 02433340979 (hereinafter also referred to as DLS s.a.s. di Hong Wanren & C.) through the website https://b2b.moomo.me (hereinafter also referred to as the Site).
All contracts (Orders) for the sale of Products by DLS s.a.s. di Hong Wanren & C. to its Customers are governed by these G.C.C., which are specifically approved by the Customer pursuant to articles 1341 and 1342 of the Italian Civil Code, and form an integral and substantial part of each Purchase Order.
The G.C.C. applicable to each Order are those in force at the date of the Order itself.
All Orders placed on the website are intended to be placed by private customers for their own personal use.
The subjects interested in commercial relations with DLS s.a.s. di Hong Wanren & C., can contact the company using the pages dedicated to Business customers.
1.1 – These GCS are an integral and essential part of the purchase contract of any Product and the placing of an Order implies its acceptance by the Customer.
1.2 – These general terms and conditions of sale (hereinafter also referred to as “GTCV”) govern the purchase, by electronic means, of products presented on the site https://b2b.moomo.me managed by the company DLS s.a.s. di Hong Wanren & C..
1.3. – These GCS are an integral and essential part of the sales contract which must be considered concluded and binding between the parties once the purchase order has been submitted, without prejudice to the discipline of the right of withdrawal, in the manner and terms set out in the following articles, which submission implies tacit acceptance by the customer of the GCS.
The following definitions apply to these GTCV:
Consumer: any natural person who places an Order for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out;
Professional: any natural person or legal entity that places an Order in the exercise of its entrepreneurial, commercial, craft or professional activity;
Client: a Consumer or Professional, as the case may be;
Contract: any agreement between DLS s.a.s. di Hong Wanren & C. and a Customer regarding the purchase by the latter of one or more Items, concluded electronically in the manner provided for in Article 3 below.
Working day: any day of the week, excluding Saturdays, Sundays and holidays as defined by Italian law;
Order: any proposal concerning the purchase of one or more Products, placed by the Customer with DLS s.a.s. di Hong Wanren & C. and in accordance with the procedures set out below.
CONCLUSION OF THE CONTRACT
3.1. – The contracts of sale of the Articles displayed on the site https://b2b.moomo.me will be concluded exclusively in Italian.
3.2. – This information and the details contained on the website https://b2b.moomo.me do not constitute an offer to sell, but rather an invitation to negotiate. No contract will exist between the Customer and DLS s.a.s. di Hong Wanren & C. in relation to any products until the order has been explicitly accepted by DLS s.a.s. di Hong Wanren & C.. If the Customer’s offer is not accepted and a debit has already been made to the Customer’s account, the amount of the debit will be returned in its entirety.
3.3. – To proceed with the purchase of one or more Items through the Internet, the Customer must fill out the order form in electronic format and send it electronically, following the instructions.
3.4. – All orders will be subject to the approval of DLS s.a.s. di Hong Wanren & C.. The contract for the purchase of a product between the customer and DLS s.a.s. di Hong Wanren & C. will be completed only when DLS s.a.s. di Hong Wanren & C. will send the “Shipping Confirmation”. Only the products indicated and specified in the “Shipping Confirmation” will be the subject of the Contract. DLS s.a.s. di Hong Wanren & C. is not obliged to supply other products that may have been the subject of an order until it has been confirmed that these have been shipped in a separate “Shipping Confirmation”.
3.5. – DLS s.a.s. di Hong Wanren & C. will have the right to accept or not the Orders received without, in case of non-acceptance, the Customer can make rights or claims against DLS s.a.s. di Hong Wanren & C. for any reason.
3.6. – With the electronic transmission of the order form, the Customer unconditionally accepts and undertakes to observe, in relations with DLS s.a.s. di Hong Wanren & C., these General Conditions of Sale, the Customer confirms that he/she knows and accepts the General Conditions of Sale and the further information contained on the website https://b2b.moomo.me.
3.7. – Once the contract is concluded, DLS s.a.s. di Hong Wanren & C. will send, by e-mail, a receipt of the purchase order, containing the General Conditions of Sale and the summary document on the Right of Withdrawal and therefore, all the information already contained in the summary of the commercial and contractual conditions displayed before proceeding to the purchase.
3.8. – Before proceeding to the forwarding of any Order, the Customer is invited to read with the maximum attention the present General Conditions of Sale.
4.1. – The prices of the Articles published on the homepage or in the different sections of the Site are inclusive of VAT. DLS s.a.s. di Hong Wanren & C. reserves the right to change at any time the prices of the Articles that are shown on the Site.
4.2. – Any changes to the prices of the Products will not, however, be effective for Customers who have already placed an Order.
4.3. – The price of the Products shall always be the one indicated on our Web Site, errors excepted. If DLS s.a.s. di Hong Wanren & C. finds errors in the price of the Products ordered by the Customer, the latter will be informed as soon as possible by e-mail, which will be sent to the e-mail address provided by the Customer; said e-mail will give the Customer the right to exercise the option of reconfirming his order at the correct price or cancelling said order.
4.4. – If the customer does not exercise the right of option and does not confirm his order and / or if, at the sole discretion of DLS s.a.s. di Hong Wanren & C., it appears likely to fail to receive the communication via e-mail referred to in paragraph 4.3 above, the order will be canceled and the customer will be refunded the full amount paid.
4.5. – Under no circumstances will DLS s.a.s. di Hong Wanren & C. be obliged to supply the Products referred to in paragraphs 4.1 to 4.4 above at the lower price erroneously indicated (even if the so-called “Shipping Confirmation” e-mail had already been sent).
4.6. – In no case DLS s.a.s. di Hong Wanren & C. can be held responsible for any damage, direct and/or indirect, mediated and/or immediate derived to the Customer for the non-execution of the Order for reasons enucleated in the previous points from 4.1. to 4.4.
5.1. – To find out the specific methods of shipment and delivery of products, access the Shipping section in the Customer Service area. We ask the customer to pay attention to what is reported in this section because the information contained therein form an integral and substantial part of these Terms and Conditions of Sale and, therefore, are considered fully known and accepted at the time of transmission of the order form.
5.2. – Shipping costs are related to the operator used and, however, are highlighted separately in both the initial counts in the final billing.
6.1. – The Customer will pay in full the price of the products ordered as well as the cost of shipment, at the same time as placing the Order. It is understood that, in the event of non-acceptance of the Order, DLS s.a.s. di Hong Wanren & C. shall promptly reimburse the Customers any amounts already paid.
As part of the process of placing the Order, DLS s.a.s. di Hong Wanren & C. may propose, at its complete discretion, different methods of payment, such as, for example, payment by credit card (Visa, MasterCard), payment by prepaid card (e.g. “Postepay”), bank transfer in advance. The Customer will be required to indicate the method of payment, among those proposed by DLS s.a.s. di Hong Wanren & C., which he intends to use.
DLS s.a.s. di Hong Wanren & C. reserves the right to modify the terms and methods of payment set out in point 6.1 above without prior notice and without any justifying reason.
6.3. – Invoices issued will be sent together with the Products.
7.1. – DLS s.a.s. di Hong Wanren & C. reserves the right to refuse or not to execute Orders which foresee the delivery of the relevant Items outside the Italian territory. For deliveries, DLS s.a.s. di Hong Wanren & C. will use carriers selected by DLS s.a.s. di Hong Wanren & C. itself.
7.2. – If the Product of DLS s.a.s. di Hong Wanren & C. is marked on the Site as “available”, DLS s.a.s. di Hong Wanren & C. will ship the item as soon as possible, in any case after confirmation of receipt of payment.
7.3. – DLS s.a.s. di Hong Wanren & C. will not be responsible for non-delivery or delayed delivery in the event that:
- (a) it has not been supplied within the terms and conditions agreed with the supplier to whom it has ordered the Articles, despite having made a regular and timely purchase of the Articles themselves, to cover the Order received;
- (b) is unable to make up for the unavailability of such Items due to circumstances beyond its control;
- (c) has promptly communicated to the Customer the unavailability of the Articles.
7.4. – In any case, where the unavailability of Articles of DLS s.a.s. di Hong Wanren & C., due to one of the circumstances indicated in letters (a) and (b) above, does not allow the delivery of the Articles within 30 (thirty) days from the forwarding of the Order by the Consumer, DLS s.a.s. di Hong Wanren & C. will reimburse the Consumer for any advance payments of the price within 30 (thirty) days from the day after the day on which the Order was sent.
7.5. – DLS s.a.s. di Hong Wanren & C. shall not be held responsible for the non-delivery or delayed delivery due to force majeure causes such as, by way of example but not limited to: strikes, measures taken by the Public Authorities, rationing or shortage of energy or raw materials, deriving from natural causes or from the introduction of Martial Law, transport difficulties, fires, wars, riots, earthquakes, floods, inundations and damage to industrial machinery not depending on DLS s.a.s. di Hong Wanren & C.. DLS s.a.s. di Hong Wanren & C.. will however promptly notify the Customer of the occurrence and disappearance of a cause of force majeure. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to terminate the contract. In such case the Customer will not have the right to any indemnity or compensation for any reason, without prejudice to the right to the restitution of what has already been paid as price for the Article object of the Order, within 30 days from the sending of the Order itself.
In the event of a purchase made by a Consumer, the risk of accidental loss of the Articles shall remain with DLS s.a.s. di Hong Wanren & C. until they are delivered to the Consumer or to another subject indicated by the latter, regardless of whether or not the shipment of said Articles is insured. In case of purchase made by a person other than a consumer, the risk of accidental loss of the article passes to the customer with the delivery of ‘Article by DLS s.a.s. di Hong Wanren & C. to the first carrier.
WARRANTY AND COMPLAINTS MANAGEMENT
8.1. – Purchases made by Consumers are subject to the legal regulations on guarantees, including, if applicable, the regulations provided for by the Consumer Code on guarantees for Consumers.
8.2. – If the Consumer finds flaws and defects in the Items purchased pursuant to these GCS, he may contact DLS s.a.s. di Hong Wanren & C. under penalty of forfeiture within fourteen days from the discovery of the flaws themselves, by sending a registered letter with return receipt containing:
a) – request for repair or replacement of the defective item;
b) – description in as much detail as possible of the nature of the defect or flaw found;
c) – copy of the documents of the Order or indication of the Order number;
d) – indication of the personal data of the Customer and any other useful data for the correct identification of the claim;
all to the following address: DLS s.a.s. di Hong Wanren & C., Via Gora del Pero, 23/25, 59100, Prato(PO)
DLS s.a.s. di Hong Wanren & C. will, depending on the case, carry out the requested repairs and replacements within a reasonable period of time from receipt of the Consumer’s request.
8.4. – Where: a) – the requested repair or replacement is impossible or uneconomical, or b) – has not been carried out within a reasonable period of time; or c) – has caused significant inconvenience to the Consumer; the latter may request, at its discretion, a reasonable reduction in price or termination of the Contract.
In any case, the termination of the Contract shall not be allowed for minor defects, with respect to which it was not possible or excessively onerous to repair or replace the relative Articles.
8.5. – For any request, DLS s.a.s. di Hong Wanren & C. invites, in any case, the Customer to contact the Customer Service, which can be contacted as follows.
9.1. – The Customer, in making the purchase, declares to have read the information document on Privacy and the processing of personal data carried out by DLS s.a.s. di Hong Wanren & C. as manager of the data and to have given its consent.
HOW TO USE THE WEBSITE WWW. .IT
10.1. – By using the website https://b2b.moomo.me and placing orders through it, the Customer agrees to:
a) – navigate the website https://b2b.moomo.me exclusively to make consultations and orders, refraining from appropriating the digital content in any way displayed on the site and / or refraining from reproducing and uploading to other sites and / or personal pages – or not belonging to social networks or private websites;
b) – not to place orders for emulative purposes and/or with false data (on this point, if DLS s.a.s. di Hong Wanren & C. has plausible reasons to believe that an order of this nature has been placed, it will be authorized at its sole discretion to cancel said order and cancel the customer’s registration and to inform the competent authorities);
c) – provide your real e-mail address, postal address and/or other contact details. Likewise, you will allow us to make use of this information to contact you. If the Customer does not provide all the necessary information, it will be impossible to execute his order.
10.2. – By placing an order through this website, the Customer warrants that he/she is of legal age and has the legal capacity to act and can validly conclude contractual obligations.
MODIFICATION OF THE GTC
DLS s.a.s. di Hong Wanren & C. will promptly publish the modified GTC on the Site whenever these GTC are modified. The modified GCS will govern the new Contracts following their publication on the Web Site, as from the date of the first Order placed by the Customers. In case of Orders already forwarded before such communication, the previous version of the GCS will apply.
If any present or future provision of the GCS and/or the Contract should be or become wholly or partly null and void and/or ineffective, or if there is a gap in the provisions of the GCS and/or the Contract, the remaining provisions of the GCS and the Contract shall in any case remain valid and effective. It is understood that DLS s.a.s. di Hong Wanren & C. and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the void and/or ineffective clause with the aim of achieving the same results as those pursued by the invalid or ineffective clause and to safeguard the economic substance of the Contract and its synallagma.
RIGHT OF WITHDRAWAL
13.1. – In compliance with the duties of information referred to in Article 52, paragraph 1, letters (f) and (g) of the Consumer Code, the terms and conditions governing the right of withdrawal in favor of the Consumer are indicated below, as regulated by the same Consumer Code, in addition to the terms provided for by law.
14.2. – It should be noted, in any case, that the right of withdrawal in favor of the Consumer does not apply to Articles which, by their nature, are not suitable to be returned or are subject to the risk of rapid deterioration or alteration, such as, merely by way of example, cosmetic items already opened.
14.3. – The omitted or late or incomplete or inaccurate reporting of the will to exercise the right of withdrawal will result in the Customer Consumer the forfeiture of the right itself.
MODE OF EXERCISING THE RIGHT OF WITHDRAWAL
14.1. – The right of withdrawal may be exercised by the Consumer-Client by sending appropriate communication within the mandatory and essential term of 14 (fourteen) days from the date of delivery of the Article without the need to specify any reasons.
14.2. – The communication referred to in the preceding paragraph must be sent by registered letter with acknowledgement of receipt or by email to the following address.
14.3. – If the right of withdrawal is exercised, the Consumer-Client will be required to return the item to DLS s.a.s. di Hong Wanren & C. within the same term of 14 (fourteen) days from the date of delivery of the item, to the following address:
14.4. – The right of withdrawal will not be able to validly operate for the benefit of the Consumer Customer if the latter cannot guarantee the integrity of the goods to be returned. This condition is to be considered essential.
14.5. – Specifically, the products subject to the exercise of the right of withdrawal, at the time of return to DLS s.a.s. di Hong Wanren & C., shall be:
- correctly packaged in their original packaging, in perfect condition of resale (not ruined, damaged or dirty) and equipped with any accessories, instructions for use and documentation;
- provided with the transport document (present in the original packaging), so as to allow DLS s.a.s. di Hong Wanren & C. to identify the Consumer Customer (Order number, name, surname and address);
- without obvious signs of use, if not those compatible with the execution of a normal test of the article. That is, they will not have to bear traces of a prolonged use (more than a few minutes) exceeding the time necessary for a test and will not have to be in such a state as not to allow the resale.
14.6. – The shipping costs are intended to be borne by the Customer Consumer which is entrusted, equally and unquestionably, the choice of carrier, postal and / or private, to whom to entrust the delivery.
EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL
15.1. – If the Consumer-Client has exercised his right of withdrawal in accordance with the provisions of these General Terms and Conditions, the services received by the Consumer and/or DLS s.a.s. di Hong Wanren & C. will be returned. The price paid by the Consumer-Client will be refunded by DLS s.a.s. di Hong Wanren & C., provided that the Article has been returned by the Consumer-Client, within 14 (fourteen) days from the date of receipt by the Consumer-Client of the Article and in the manner described in art. 14.
The risks connected to the destruction or damage of the Articles during the shipment made by the Consumer-Client on the occasion of the exercise of the right of withdrawal are borne by the Consumer-Client himself, it being understood that in the event of destruction and/or damage during shipment, the Articles will not be considered intact and the withdrawal will not be effective.
APPLICABLE LAW AND JURISDICTION
16.1. – The use of the website www. and contracts for the purchase of Items through this website are governed by Italian law. Any disputes arising from (or relating to) the use of the website or such purchase agreements shall be subject to the exclusive jurisdiction of the Italian courts.
16.2. – It should be noted, finally, that the provisions of the GCS that refer to Consumers (as defined in Article 3 above) shall apply exclusively to persons who fall within its definition. Consumers shall benefit, in particular, from all the protections provided for in case of conclusion of distance contracts under Title III, Section II, of Legislative Decree no. 206 of September 6, 2005 (“Consumer Code”), as well as all other protections provided for, in favor of Consumers, by the Consumer Code itself and any other applicable law.
17.1. – The parties hereby declare to choose the competent court for any dispute that may arise.
17.2. – If the Customer enters into the contract as a consumer, this clause will not have any effect on the rights recognized to the Consumer by the special regulations on the identification of the competent court.
17.3. – In any case, the parties undertake, before taking legal action, to attempt to reach a settlement before the Conciliation Body of the Order of Conciliators.