Terms and conditions
The company I. Niccolai di Cappellini srl, with legal and operational headquarters in Via Innocenti, 100, 51100 – Pistoia – Italy, registered in the Register of Companies of Pistoia n.PT014-1853, is the owner of the website www.mokajenne.it and uses also the e-commerce platform with its own shop to carry out its business.
By using the services offered by the site, you accept these terms and conditions.
If even one part of this agreement is not accepted, it will not be possible to continue with the booking procedure, if you have purchased and paid for the object in question it must be understood that you have accepted all the conditions of sale below.
Acceptance of the general conditions of sale
- The contract stipulated between the company I. Niccolai di Cappellini srl and the customer must be considered concluded with the acceptance, even if only partial, of the order by the company I. Niccolai di Cappellini srl. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
- If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of articles 3 and 4 of Legislative Decree 185/1999 on distance selling and subsequent amendments and / or additions.
- Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order.
Methods of Purchase
- The customer can only purchase the products present in the electronic catalog of the company I. Niccolai di Cappellini srl at the time of placing the order and viewable online as described in the relevant information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but differ in color, size, accessory products in the figure. All purchase support information is intended as a simple generic information material.
- Correct receipt of the order is confirmed by the company I. Niccolai di Cappellini srl by means of an e-mail reply, sent to the e-mail address supplied by the customer. This confirmation message will contain the date and time of execution of the order and a “Customer Order Number”, to be used in any further communication with the company I. Niccolai di Cappellini srl. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
- In case of non-acceptance of the order, the company I. Niccolai di Cappellini srl guarantees timely communication to the customer.
Delivery methods and costs
- The company I. Niccolai di Cappellini srl can only accept orders for delivery in Italian territory. However, delivery to the towns of Livigno and Campione d’Italia is excluded.
- For each order placed on the site, www.mokajenne.it issues an invoice or immediate sales delivery note depending on the request, of the material sent, sending it by e-mail to the holder of the order, pursuant to Article 14 of the Presidential Decree. 445/2000 and DL 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after its issue.
- The deadline for order fulfillment and / or for delivery will in no way be considered essential and can never be attributed to the Company I. Niccolai Cappellini srl any delays due to the fact and responsibilities of third parties (including the carrier) and / or force majeure.
- Unless explicitly indicated by our Customer Service, delivery is intended at street level. Upon delivery of the goods by the courier, the Customer is required to check:
that the number of packages delivered corresponds to what is indicated in the transport document (waybill) communicated via e-mail
that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
Any damage or mismatch in the number of packages or information must be immediately reported to the courier who makes the delivery. Once the courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery, according to the procedures set out in this document.
- In case of non-collection within 5 working days of the material in stock at the courier’s warehouses due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the order will be automatically canceled.
Right of withdrawal
- Pursuant to art. 5 DL 185/1999, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to La Ditta I. Niccolai di Cappellini srl a reference to VAT number), has the right to withdraw from the purchase contract for any reason, (unless it concerns food products, as there is no right of withdrawal for them), without the need to provide explanations and without any penalty, except as indicated in point 20 below.
- To exercise this right, the customer must send La Ditta I. Niccolai di Cappellini srl a communication to that effect, within 10 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to the company I. Niccolai di Cappellini srl, or by telegram or fax always sent within the aforementioned term of 10 days and followed by a confirmation by registered letter with acknowledgment of receipt. receipt, strictly sent within the following 48 hours. Once we have received the aforementioned notice of withdrawal, the Customer Service of Ditta I. Niccolai di Cappellini srl will quickly notify the customer of the authorized return code (RMA) and the instructions on how to return the goods that must be sent to I. Niccolai di Cappellini srl within 10 working days from the authorization at the expense of the consumer. (see art. 67 n. 1 C.d.C.)
- The right of withdrawal is however subject to the following conditions:
the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (eg accessories, attached software, etc …);
the law does not apply to audiovisual products or sealed computer software (including those attached to hardware material), once opened;
the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc …); to limit damage to the original packaging, we recommend, when possible, to put it in a second box, on which to affix the label, showing the RMA number (return authorization code); in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided;
by law, the shipping costs for returning the goods are charged to the customer;
the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
in case of damage to the goods during transport, the company I. Niccolai di Cappellini srlwill notify the customer of the incident (within 8 working days from receipt of the goods in their warehouses), to allow him to promptly file a complaint against the courier from chosen him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, at the same time canceling the request for withdrawal;
The companyI. Niccolai di Cappellini srlis not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport.
If the package and / or the original packaging are damaged, the company I. Niccolai di Cappellini srl will deduct from the refund due a percentage, in any case not exceeding 25% of the same, as a contribution to the restoration costs.
- Without prejudice to any repair costs for damage to the original packaging, the company I. Niccolai di Cappellini srl will refund the customer the full amount already paid, within 30 days from the return of the goods, by means of a reversal of the amount charged to the Credit card or by bank transfer. In the latter case, it will be the customer’s responsibility to promptly provide the bank details on which to obtain the reimbursement (ABI code – CAB – IBAN current account of the invoice holder).
- The right of withdrawal is totally lost, due to lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases in which the company I. Niccolai di Cappellini srl ascertains:
the lack of the external packaging and / or the original internal packaging;
the absence of integral elements of the product (accessories, cables, manuals, parts, …);
damage to the product for reasons other than its transport or in the case of cellular telephony the lack of its protective films.
In case of forfeiture of the right of withdrawal, the company I. Niccolai di Cappellini srlwill return the purchased good to the sender, charging the shipping costs to the same.
- All products sold by I. Niccolai di Cappellini srl are covered by the manufacturer’s standard warranty and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree 24/02. To use the warranty, the Customer must keep the invoice (or the tax receipt) that he will receive via e-mail as an attachment.
- The manufacturer’s conventional warranty is provided in the manner illustrated in the documentation inside the product packaging. If, following intervention by an Authorized Service Center, the defect is not covered by the manufacturer’s conventional warranty, the Customer will be charged for any verification and restoration costs required by the Authorized Service, as well as transport costs, if supported The company I. Niccolai di Cappellini srl.
- The 24-month warranty pursuant to Legislative Decree 24/02 applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private consumer (a natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, the companyI. Niccolai di Cappellini srlprovides, at no cost to the customer, to restore the conformity of the product by repairing / replacing or reducing the price, until the contract is terminated. If, following intervention by an Authorized Assistance Center, the defect does not result in a lack of conformity pursuant to Legislative Decree 24/02, the Customer will be charged for any costs of verification and restoration required by the Authorized Assistance, as well as transport costs if incurred by the company I. Niccolai di Cappellini srl.
- The replacements in case of DOA (Dead On Arrival: product not working on delivery) take place only if expressly provided for by the manufacturer. The timing of replacement or repair of the product depends exclusively on the manufacturer’s policies.
- If it is not possible for the companyI. Niccolai di Cappellini srlto return the guaranteed product (restored or replaced), the latter undertakes to provide – at its own choice and discretion – or to the refund of the amount paid by the Customer or, in alternative, to the replacement of the product with another of equal or superior characteristics.
- No damage can be requested fromI. Niccolai di Cappellini srl for any delays in carrying out repairs or replacements.
- In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc …); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided.
- Any possible complaint must be addressed to I. Niccolai di Cappellini srl.
- The sales contract between the customer and the company I. Niccolai di Cappellini srlis concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes deriving from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference forum of his / her town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of PISTOIA.
- The personal data requested when placing the order are collected and processed in order to satisfy the express requests of the Customer and will in no case and for any reason be transferred to third parties. The company I. Niccolai di Cappellini srlguarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code referred to in Legislative Decree 196 of 30.06.03.
WITH THE MAKING OF THE ORDER AND THE RESPECTIVE PAYMENT IT IS INTENDED THAT ALL THE CONDITIONS OF SALE OF THIS ANNOUNCEMENT HAVE BEEN ACCEPTED.