Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

Summary

Introduction. 1. Definitions - 2. Scope – 3. Purchase procedure – 4. Conclusion of the contract - 5. Availability of products – 6. Prices and payment methods – 7. Limitations in product delivery – 8. Delivery terms – 9. Delivery of products and compliance – 10. Right to withdrawal – 11. Intellectual property rights – 12. Liability for defective products – Warranty – 13. Applicable law, disputes, competent court and out-of-court settlement – 14. Contacts – 15. Trademarks and authenticity – 16. Reference to the current legislation.

Introduction

These general terms and conditions of sale are applied for purchasing products branded “Momo Design” through the e-commerce website www.momodesign.com by users classified as “Consumers’’ pursuant to following Article 1.3. 
Products with the Momodesign brand are sold through the e-store www.momodesign.com by MOMO DESIGN S.r.l., an Italian company based in Via Giuseppe Meda 45, in Milan (MI) IT, VAT no. 07434890153, REA MI-1162690, contact email help@momodesign.com. 
With regard to the motorcycle helmets for sale on the e-store, it should be noted that they are equipped with European ECE 2205 approval. 

1. Definitions

Under these general terms and conditions of sale, it is defined that:

1.1 Terms and conditions of sale: The terms and conditions of sale of "Momo Design" branded products that can be purchased through the E-Store accessed from the website www.momodesign.com  

1.2 Product: any product offered and available for purchase on the E-Store accessed from the website www.momodesign.com 

1.3 Consumer, buyer or user: the natural person, over 18 years of age, acting for purposes which are outside the trading, business, craft or professional activities carried out; 

1.4 Owner or seller. MOMO DESIGN S.r.l., an Italian company based in Via Giuseppe Meda 45, in Milan (MI) IT, VAT no. 07434890153, REA MI-1162690, contact email help@momodesign.com. 

1.5 Website or E-Store: the online sales site for Momo Design brand products which can be accessed directly from the website www.momodesign.com. 

1.6 Consumer Code: Legislative Decree no. 206 of 6 September 2005 and subsequent amendments to the text of the same decree. 

 

2. Scope of application

The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III, of the Legislative Decree no. 206 of 6 September 2005 (so-called Consumer Code) and by Legislative Decree no. 70 of 9 April 2003 containing the regulations of electronic commerce. These General Terms and Conditions of Sale apply to all sales made by MOMODESIGN S.r.l. on its website and can be modified at any time by the same. Any changes and/or new conditions will come into force from the moment they are published on the website under the heading "General Terms and Conditions of Sale". Users are therefore advised to access the website regularly and to consult the latest version of the General Terms and Conditions of Sale before making purchases. The General Terms and Conditions existing at the time of the purchase order will, therefore, apply to the purchase agreement between seller and user and the user will be required to know and accept them in advance when sending the order. These General Terms and Conditions of Sale do not regulate the sale of Momo Design brand products by parties other than MOMO DESIGN srl or purchased on websites other than the one owned by the seller.

 

3. Purchase procedure

3.1 The purchase of the products on the website, which will be possible only for products to be shipped to Italy, is only allowed to individuals who are over the age of 18 and who are deemed to fulfil the role of consumers pursuant to Article 1.3, i.e. individuals who, in relation to the purchase, act for purposes unrelated to the business, commercial, professional or craft activities carried out.

3.2 The purchase of products on the website takes place by sending a purchase order to the seller in accordance with the instructions on the website itself. For each selected product, a web space will be displayed that highlights the photographic images, the unit price, the colours and the different sizes (where applicable), in addition to the essential characteristics of the same. The selected articles are added, upon confirmation by the user, to the so-called virtual cart. By accessing the cart you can see, in addition to the products in it, the total price of the order, including any costs that will be charged for the shipment. The Buyer must take care to verify the accuracy of the contents of the cart and the correctness of the data of the chosen payment before confirming the order.

3.3 Any changes to the order or corrections of errors that may be present in the same (for example, with regard to the type or number of products chosen) can be made by the buyer only before the confirmation of the same. 

3.4 The seller now represents that, despite the constant adoption of measures to ensure that the photographs displayed on the website are faithful reproductions of the products sold, including using every technological solution possible to minimise inaccuracies of the images, some variations are always possible due to the technical characteristics and colour resolution characteristics that the navigation device used by the user is equipped with. The Seller will not be responsible for the eventual inadequacy of the graphic representations of the products sold on the website that may be due to the aforementioned technical reasons. Consequently, buyers are invited to view and examine in detail the data sheet containing the characteristics of each product offered.

3.5 MOMO DESIGN S.r.l. reserves the right to refuse or cancel orders from buyers with whom legal dispute is pending relating to a previous order, buyers who have previously violated the terms of the purchase agreement, buyers involved in fraud of any kind and, in particular, credit card fraud. 

3.6 MOMO DESIGN S.r.l. will not accept, in any case, incomplete or not properly completed orders. 

 

4. Conclusion of the contract

4.1 In accordance with Legislative Decree no. 70 of 9 April 2003 laying down the provisions of electronic commerce, MOMO DESIGN S.r.l. informs the user that: 
- in order to conclude the purchase of one or more products on the website, the user must fill out an electronic order form and send it to the seller, by electronic means, following the instructions that will appear on the website during the different stages; 
- the contract is considered concluded when the order form reaches the server;
- as already stated in paragraph 3.3 of these terms and conditions of sale, the identification and correction of any errors in the order will only be possible up to the confirmation and transmission of the order form;
- in order to confirm the order, the buyer must accept the general terms and conditions of sale, view the Privacy Policy on the processing of personal data and provide his/her consent to the processing itself, view the information relating to the right of withdrawal.

4.2 The order submitted by the user will only be binding on the seller if the entire purchase process has been completed regularly and correctly, without any evidence of error by the website and if the overall price of the products has been paid by the user at the time of confirmation of the order, according to the manner indicated in the following Article 6 of these general terms and conditions of sale. 

4.3 The Seller will not be held responsible for site malfunctions dependent on the data transmission network operator. 

4.4 When the order is confirmed by the user, the order will be sent directly to the seller and stored in his system for the time necessary to execute the same and, in any case, in accordance with the law. The data recorded on the website and stored in the seller's system is considered to be full proof of the details of the transactions between the seller and user/buyer. In the event of a dispute between seller and user regarding a sales agreement concluded through the website, the data recorded on the website itself and/or stored in the seller's system will be evidence of the conclusion of the sales agreement.

4.5 Following the confirmation of the order by the buyer and the successful completion of the payment transaction, the seller will send an acknowledgement of receipt to the buyer by e-mail to the address indicated in the order containing a summary of the order, indicating the date of execution of the purchase, the general terms and conditions of sale previously accepted, the conditions concerning privacy and the essential characteristics of the product purchased, the payment method chosen by the user, the delivery address, the detailed indication of the price and delivery costs (the latter if provided) as well as the information relating to the exercise of withdrawal and the return of the products, pursuant to the following Article 10 of these general terms and conditions. The buyer must immediately verify the content of that communication and immediately report any errors or omissions or any other problems related to the shipment to the seller by sending an e-mail to the address help@momodesign.com.

 

5. Availability of products

5.1 The user acknowledges that the availability of the products offered for sale by the seller through the website is limited.  

5.2 Product availability is continuously monitored and updated. However, since the E-Store can be visited by several users at the same time, it could occur that several users buy the same product at the same time. In such cases, therefore, the Product could be available for a short period of time, while it is instead out of stock or not immediately available. In such circumstances, the Seller will send an e-mail to the address indicated by the user in the order as soon as possible, and in any case within the terms of delivery specified in Article 8.2, informing him/her of the unavailability of one or more products, or that it will not be possible to comply with delivery terms of delivery of the products indicated in Article 8.2. In this case, the user will have the option to choose between (a) the replacement of the unavailable product with another product, (b) the cancellation of the order or, if possible, (c) the acceptance of the product originally ordered according to different delivery times. 

5.3 If the buyer intends to opt for the replacement of the product pursuant to the previous Article 5.2, lett. (a) or accept delayed delivery of the product pursuant to Article 5.2, lett. (c), he/she must communicate their choice to the seller by sending a reply email, following the instructions in the seller's communication. In the event of failure by the buyer to reply within 5 (five) days of receipt of the seller's communication pursuant to Article 5.2, the order will be considered cancelled for all purposes. In this case, as well as in the event that the buyer has communicated the intention to cancel the order, the seller will provide for a refund as soon as possible on the credit card used to pay the entire amount charged at the time of the order confirmation. 

5.4 The seller reserves the right to change the products offered for sale on the website at any time, at his own discretion and without any notice, in any case in accordance with any temporary offers already present on the website.  

 

6. Prices and payment methods

6.1 All product prices published on the E-Store are expressed in Euro and are inclusive of Value Added Tax - VAT. 

6.2 The total amount due from the buyer for the purchase of the selected products may include any shipping costs based on the current offers, which remain the responsibility of the same according to what is specified in the following Article 8 and as it will be indicated in the cart. The price paid for the purchase of the products does not include any customs duties that the products may be subject to when they are imported into a particular Country. As a result, any procedure for customs clearance of products, including the payment of the relevant charges, will remain entirely the responsibility of the buyer.

6.3 MOMO DESIGN S.r.l. reserves the right to change the price of the products, at any time, without notice, provided that the price charged to the buyer will be the one indicated on the E-Store at the time of the confirmation of the order and that it will not take into account any changes (increasing or decreasing) after the transmission of the same. 

6.4 For the purchase of products on the website, the seller only accepts payments made by one of the credit cards accepted by MOMO DESIGN S.r.l., as specifically stated on the website, or through the PayPal payment solution. 

6.5 The buyer's credit card will be charged when the order is confirmed. The purchase procedure for the products on the website will be validly concluded only following the complete payment by the buyer of the total price of the products and the shipping costs, as indicated in the cart, at the time of order confirmation.

6.6 MOMO DESIGN S.r.l. issues invoices for the goods shipped only at the express request of the buyer, sending it by e-mail and/or inside the shipping package, to the holder of the order.  For the issuance of the invoice, the information provided by the buyer when placing the order will be taken into account. 

 

7. Limitations in product delivery

7.1 The Products sold on the website can be purchased and delivered exclusively to the countries indicated in these General Terms and Conditions of sale (see previous Article 3.1). Any orders for shipments to be made outside these Countries are automatically rejected during the order procedure. The Products will be sent to the address indicated when completing the order. 

7.2 For security reasons, the seller shall not dispatch any order addressed to a post office box or accept any order in which it is impossible to identify the natural person receiving the product or his address.  

 

8. Delivery Terms

8.1 The products will be delivered to the buyer by express courier with the approximate shipping times for Italy of 2/3 working days and 3/4 for foreign countries. The shipping costs of the products and any other possible additional costs shall be borne by the buyer unless otherwise indicated. Their amount will be expressly and separately indicated (in Euro and inclusive of VAT) in the cart and in the order summary and, in any case before the user proceeds with the transmission of the same, as well as in the confirmation e-mail of the order.

8.2 The Seller will do as much as possible to deliver the products purchased as soon as possible and in any case within a maximum period of 15 (fifteen) days starting from the day following that on which the buyer sent the order to the seller. The delivery terms are calculated considering only the working days and thus excluding Saturdays, Sundays and holidays.

8.3 The Products purchased on the website will be delivered to the buyer from Monday to Friday, with the exception of public holidays and national holidays. Upon the collection of the delivery by the courier for shipping to the buyer, the seller's courier will send an e-mail to the address indicated in the order with the tracking code of the shipment and a link that will allow the recipient the real-time delivery monitoring.

8.4 The buyer is requested to promptly report any problems with the delivery of the products, or any delays with respect to the delivery time indicated in Article 8.2 or in the e-mail sent under Article 4.5 that there are more than 10 (ten) working days, by sending an e-mail to the seller's Customer Service at the address indicated in the previous Article 4.5. In any case, it is understood that the Seller may not be held responsible for delays or impediments in the delivery of products that are not predictable and/or are dependent on force majeure.

8.5 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the products to the buyer. 

8.6 If the address indicated in the order by the buyer for delivery has a concierge service and/or reception of correspondence authorized to collect parcels and correspondence, the delivery obligation is fulfilled by transferring the material availability or, in any case, control of products to that service. The delivery documents of the appointed courier will be used as proof of delivery.

8.7 If the seller does not comply with the obligation to deliver the goods within the time agreed, the buyer shall invite him to make the delivery within an additional period of time appropriate to the circumstances. If the additional term thus granted expires without the goods having been delivered, the buyer is entitled to terminate the contract. In any case, the rules provided in case of delay by the Article 61 Legislative Decree 206/2005 (Consumer Code) are applied.

 

9. Delivery of products and compliance

9.1 Upon delivery of the Products the buyer recipient must immediately check the integrity of the packaging and verify that it is not damaged or otherwise altered, as well as verify that the number of packages delivered corresponds to what is indicated in the transport document. Unreserved acceptance of delivery by signing the transport document will preclude the buyer from any subsequent dispute relating to the external characteristics of the delivered item. The buyer undertakes to check in due time and in the shortest possible time that the delivery includes all and only the purchased products and to promptly inform the Seller of any defect of the products received or if different from what was ordered with the warning that, without which the products will be considered accepted. If the packaging or wrapping of the products ordered by the buyer arrives at the destination clearly damaged, the buyer is invited to refuse delivery by the courier or to accept the delivery "with reservation".

9.2 In the case of packaging without obvious damage and therefore accepted without reservation and subsequent finding of damage only on purchased products, the buyer will be required to notify the seller within 48 hours of receipt, with an e-mail to the address help@momodesign.com of at least 1 (one) photograph of the product that possibly highlights the damage. 

9.3 Any anomalies or damage on delivery (such as, by way of example, lack of one or more products compared to the information described in the transport document, tampering or damage to the packaging and the relative product, etc.) must be noted directly on the transport document in the form of handwritten comments and signed by the recipient of the delivery. Unreserved acceptance of delivery by signing the transport document will preclude the buyer from any subsequent dispute relating to the external characteristics of the delivered item. 

9.4 If the products delivered do not correspond to those ordered, the buyer is required to promptly inform the Seller by sending an e-mail to the address help@momodesign.com no later than 10 (ten) days from the date of delivery, and will have the right to obtain the replacement of the products delivered with the products ordered or, in the event of a temporary unavailability of the products ordered, to order different products or, alternatively, to partially or totally cancel the order. In case of cancellation of the order, the buyer will be refunded as soon as possible and the costs of returning the products will be borne by the seller. 

 

10. Right to withdrawal

10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the buyer shall have the right to withdraw from any contract concluded under these Terms and Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from the delivery of the product or, in the case of the purchase of several products delivered separately with a single order, the last product to be delivered. 

10.2 To exercise the right of withdrawal, the buyer must inform MOMO DESIGN S.r.l., before the expiry of the term referred to in paragraph 10.1, of his decision to use the right of withdrawal. In order to validly exercise the right of withdrawal, the buyer must comply with the following provisions and must send the seller a written communication containing the intention to exercise the right of withdrawal pursuant to Article 64 of Legislative Decree 206/2005. The aforementioned communication must be sent, no later than 14 (fourteen) working days from the day of receipt of the products with an e-mail to the address help@momodesign.com

10.3 As a result of the previous paragraph 10.2, the buyer will receive an email confirming the withdrawal, containing, in the case in which he has in the meantime already received the ordered product, the return form to be included in the package, and instructions to proceed with the return of the product, to be transmitted within the next 14 days only to the address that will be indicated in the e-mail.  

10.4 In the event of the exercise of the right of withdrawal, the buyer is obliged to return the product to the address mentioned above, at his own expense, without undue delay and, in any case, within 14 days from the day he/she received the order. To comply with this term, the buyer must return the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the buyer.
For the timeliness of the return, the date of delivery of the Products to the post office or to the courier will apply.

10.5 In the event of withdrawal, the buyer will be refunded the payments made, shipping costs excluded, without undue delay and, in any case, no more than 14 days after delivery of the order. These refunds will be made using the same method of payment used by the buyer for the initial transaction unless the buyer requests a refund on a different method of payment, in which case any additional costs arising from the different method of payment will be borne by the buyer. The refund may be suspended until receipt of the goods and verification of their integrity. 

10.6 The substantial integrity of the product(s) is an essential condition for the valid exercise of the right of withdrawal by the buyer who is responsible for the diminished value of the goods resulting from handling other than that required to determine the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, scratches, dents, deformities, etc.), not complete with all their components and accessories (including labels and tags unaltered and attached to the product), are not accompanied by the enclosed instructions/notes/ manuals, original boxes and packaging, and the warranty certificate, where applicable, the buyer shall be liable for the diminished value of the goods and shall be entitled to a refund of the amount equal to the residual value of the product. To this end, the buyer is encouraged not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the products with another protective packaging that preserves its integrity, and also protects it during transport from any writing or labels.
Withdrawal is not permitted under these General Terms and Conditions from purchase contracts concerning the seller's products purchased in shops or on other e-commerce sites, and refunds may not be granted in stores or on other e-commerce sites in relation to return of products purchased on the website.

10.7 The right of withdrawal is excluded in the case of purchase on the Website of Products that have been customized at the request of the buyer. 

 

11. Intellectual property rights

11.1 The buyer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the website or related to the products are and remain the exclusive property of Momo Design S.r.l. an Italian company with registered office in Milan (Italy), Via Meda 45, VAT no. 07434890153 and/or its assignees, without any access to the website and/or purchase of the products resulting in any right for the buyer to the same. 

11.2 The contents of this website may not be reproduced, either fully or in part, by electronic or conventional means, modified, or used for any purpose without the prior written consent of Momo Design S.r.l. 

 

12 Liability for defective products – Warranty

12.1 Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the seller guarantees to the buyer that the products will be free of defects in design and material and will comply with the descriptions published on the website for a period of 2 (two) years from the date of delivery. The application of any guarantee is excluded in case of improper use of the product or in any case, not in compliance with the instructions/warnings provided by the seller, or reported in the illustrative documentation of reference, in the tags or labels.

12.2 In particular, the seller is liable to the buyer for any lack of conformity existing at the time of the delivery of the product, provided that: 
a) the lack of conformity occurs within 2 (two) years of delivery of the product; 
b) the buyer reports the lack of conformity to the seller, under penalty of forfeiture, within 2 (two) months from the date on which he discovered the defect. In this case, after verification by the seller of his own responsibility, the buyer will be entitled to obtain the restoration of product conformity, without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the purchase contract of the product, according to the provisions of Article 130 of Legislative Decree no. 206/2005.

12.3 Any claims relating to this guarantee must be reported in writing by sending an e-mail to the following address help@momodesign.com, confirmed by registered letter with acknowledgement of receipt to be sent to the following address: Momo Design S.r.l., Via Giuseppe Meda 45, 20141 Milan (MI). The communication should highlight the defect and/or non-conformity found, with at least no. 1 (one) photograph of the product possibly highlighting the defectiveness.
This guarantee for Products purchased on the Website shall not be valid in stores or other e-commerce sites.
 

13. Applicable law, disputes, competent court and out-of-court settlement

13.1 These General Terms and Conditions are governed by Italian law and will be interpreted in accordance with it.  

13.2 In the event of a dispute between the seller and the buyer in relation to the interpretation, validity and/or execution of these General Terms and Conditions, the Court of the place of domicile or residence of the consumer will only be competent, pursuant to Article 66 bis of Legislative Decree 206/2005.
In the case of residence or domicile not located on the Italian territory, the Court of Milan or the Court determined according to the rules relating to territorial competence established by the Italian Code of Civil Procedure will be competent.

13.3 For the resolution of disputes arising from the exact application of the contract concluded between the seller and the buyer, it is also possible to resort to the out-of-court dispute resolution procedures, referred to in part V, title II-bis, of Legislative Decree 206/2005 (consumer code).

 

14. Contacts

14.1 For any complaint in the delivery of products and any delays, for reporting of non-conformity of the products, for the communication of the exercise of the right of withdrawal, for the communication of complaints related to the guarantee and in the event of further information or assistance regarding the use of the website or the purchase process of the products the Customer Service of the Seller is active at the following e-mail address help@momodesign.com.

 

15. Trademarks and authenticity

15.1 All Products purchased on the Website are authentic MOMO DESIGN brand products.  

All intellectual property rights such as trademarks, service marks, form marks and copyrights are the exclusive property of Momo Design S.r.l. an Italian company with registered and operational office in Via Giuseppe Meda 45, 20141 Milan (Italy), VAT no. 07434890153, contact email help@momodesign.com. No page or content of this Website may be reproduced without the prior written consent of the owner.

15.2 The names and trademarks "MOMODESIGN", "MD" and the stylised leaf, registered or not, are and will remain the exclusive property of MOMODESIGN and the reproduction, distribution, publication, transmission, modification in all or part, as well as the sale,  are expressly prohibited, for any reason or purpose. The information and material contained on this website may contain inaccuracies and/or typographical errors that can be edited and updated at any time and without any notice by MOMODESIGN and according to their unquestionable discretion.

15.3 The www.momodesign.com website domain is owned by Momo Design S.r.l.

 

16. Reference to Italian law

For everything not covered by these General Terms and Conditions of Sale, the parties shall refer to the Italian laws in force at the time of the conclusion of the contract.