General conditions of sale

 

The following General Conditions of Sale govern the offer and sale of products on our website Mottafashionplace.com. The products purchased on Mottafashionplace.com are directly sold by Mottafashionplace Srl, Viale Martiri della Libertà 226, 20851, Lissone, MB, Italy, Tax Code 09316180968, VAT no. 09316180968. Requests for information can be made by sending an email to shop@mottafashionplace.com

1. Our sales policy

1.1 The Seller offers products for sale on Mottafashionplace.com, and provides its e-commerce services exclusively to its end users, i.e. “consumers”.

1.2 “Consumer” refers to any natural person who acts on the Mottafashionplace.com website for purposes not related to their trade, business or profession, if any. If you are not a “consumer”, please do not buy any products from Mottafashionplace.com

1.3 In view of its commercial policy, the Seller reserves the right not to process orders from users who are not “consumers” or any other orders that do not comply with its business policy. The Seller also reserves the right to terminate and cancel an order at its own discretion.

1.4 These General Conditions of Sale only govern the offer, transmission and acceptance of purchase orders relating to the products on Mottafashionplace.com between users of Mottafashionplace.com and the Seller.

1.5 The General Conditions of Sale do not govern the provision of services or sale of products by parties other than the Seller that are present on  Mottafashionplace.com through links, banners, or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we recommend you check their terms and conditions of sale, since the Seller is not responsible for the provision of services by third parties or for the conclusion of e-commerce transactions between users of  Mottafashionplace.com and third parties.

1.6 Discounts and promotions are not cumulative.

1.7 Mottafashionplace.com adheres to the code of ethics of the Italian Association of Electronic Commerce available at the link: https://www.aicel.org/codice-etico-dei-merchant-aicel

 

2. How to conclude a contract with Mottafashionplace.com

2.1 To conclude a contract for the purchase of one or more products on Mottafashionplace.com, you must fill out the online order form and send it electronically to the Seller, following the instructions provided.

2.2 The order form contains a reference to the General Conditions of Sale and information on the main features of each product ordered, along with the relative price (including all applicable taxes or fees), the payment methods you may use to purchase each product, the delivery methods of the purchased products, the shipping and delivery costs. It will also contain a reference to the conditions for exercising your right of withdrawal and how and when to return the purchased products.

2.3 The contract is concluded when the Seller receives your order form electronically, after checking that the data relating to your order is correct.

2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Conditions of Sale and the information on the right of withdrawal, to print a copy using the print option and to save or reproduce a copy for your own personal use.

2.5 The order form will be filed in our database for the time required to process your order and in any case, within the terms of the law. You will be able to access your order form by consulting the orders section in the Customer Service Area.

2.6 Before submitting your order form, you will also be asked to identify and correct any data entry errors.

2.7 Italian is the language used to conclude contracts with the Seller.

2.8 Once the contract has been concluded, Mottafashionplace.com will process your purchase order.

2.9 The Seller may not process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect, or if the products are no longer available.

In these cases, we shall inform you by email that the contract has not been concluded and that the Seller has not processed your purchase order specifying the reasons thereof.

If the products presented on Mottafashionplace.com are no longer available or on sale at the time of your last access to the website or when the order form was submitted, the Seller shall inform you of the unavailability of the products ordered, promptly and in any event within thirty (30) days from the day after the day on which you sent the order to the Seller. If the order form has been sent and the price has been paid, the Seller shall refund the amount that has already been paid.

2.10 By submitting the order form electronically, you unconditionally accept and undertake to comply with these General Conditions of Sale. If you do not agree with some of the provisions set out in these General Conditions of Sale, please do not submit your order form for the purchase of products on Mottafashionplace.com.

2.11 By submitting the order form you confirm that you understand and accept these General Conditions of Sale as well as the additional terms contained in Mottafashionplace.com.

2.12 Once the contract has been concluded, the Seller shall send you, by email, a purchase order receipt containing a summary of the information already contained in the order form (General Conditions of Sale, Information on the right of withdrawal, information relating to the main features of the product and detailed information on the price, payment terms and delivery costs).

 

3. Warranties and indication of product prices

3.1 The products sold on Mottafashionplace.com are exclusively products from luxury and high-end brands. These products are purchased directly by the Seller from fashion companies, manufacturers and retailers carefully selected for their strict quality controls.

The Seller does not sell second-hand, used, flawed products or products of lower quality than the corresponding standards offered on the market.

3.3 The main features of the products are presented within each product datasheet on Mottafashionplace.com. However, the images and colours of the products offered for sale on Mottafashionplace.com may not correspond exactly to the real products due to the internet browser and monitor used.

3.4 Product prices may be subject to updates and variations. Please check the final sale price before submitting the relevant order form.

3.5 You accept that Mottafashionplace may change its prices at any time. In any case, the goods will be invoiced according to the prices published on the Site at the time the order is placed and corresponding to the those indicated in the summary page visible before sending the order via the “Place Order” button.

3.6 In the event of errors that result in a substantial change in the sale price such as to make it clearly excessive or ridiculously low, the purchase order shall be cancelled and the price paid shall be refunded immediately and in any case within 14 days of cancellation.

3.7 The products are covered by the legal warranty of conformity pursuant to article 132 of the Consumer Code, the Seller shall be responsible for conformity defects that manifest themselves within two years from delivery of the goods. The Consumer shall forfeit the right to use the legal warranty if the defect of conformity is not reported within two months after discovery of the defect. In the event of a lack of conformity, the Consumer has the right to choose, provided that the nature of the product allows it, to have the conformity of the goods restored, free of charge, by repair or replacement. Should such remedies fail, the Consumer is entitled to an appropriate reduction in the price or termination of the contract.

 

4. Payments

4.1 The price of the products and the relative shipping and delivery costs must be paid by using one of the methods indicated in the order form.

4.2 In the event of payment by credit card, the financial information (e.g. the credit/debit card number or its expiry date) will be sent by encrypted protocol to the banks that provide the relevant remote electronic payment services, without third parties being able to access said information in any way. This information will never be used by the Seller except to complete the procedures relating to your purchase and to issue refunds in the event of any returns, following the exercise of your right of withdrawal, or if it is necessary to prevent or to report cases of fraud on Mottafashionplace.com to the police. The price for the purchase of products and the corresponding shipping and delivery costs, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.

4.3 The payment methods available are:

• PayPal
• Credit card (Stripe, Nexi or PayPal circuit)
• Cash on delivery with an additional charge of € 8.00 only for orders up to € 500.00
• Bank transfer

Details:

MOTTA FASHION SRL
Banca Popolare di Milano
IBAN: IT57 Z 05034 32390 0000 0000 3533
BIC/SWIFT: BAPPIT21M33

5. Value vouchers

5.1 Value vouchers are personalised codes called “PROMOTIONAL CODES”, which allow you to benefit from a discount on purchases made on Mottafashionplace.com.

5.2 The PROMOTIONAL CODE box is displayed on the first page of the shopping cart: once you have placed the items in the cart, enter your code in the appropriate box and click APPLY.

5.3 Limitations on the use of the value voucher:

The value voucher can only be used once;

The value voucher cannot be converted into cash;

Multiple value vouchers cannot be used in the same order;

The value voucher shall apply to only one item per order;

The value voucher shall only apply to items whose sale value exceeds the value of the voucher by at least 1 euro.

 

6. Shipping and delivery of products

6.1 To find out about the specific shipping and delivery methods of the products, go to the Shipping and Returns section. Please pay attention to what is reported in this section because the information contained therein is an integral and substantial part of these General Conditions of Sale and, therefore, shall be deemed to be fully read and accepted by you at the time your order form is sent.

 

7. Customer Service

7.1 You may request information at any time through our support services: contact Customer Service at shop@mottafashionplace.com.

 

8. Returns and Size Changes

8.1 With regard to returns and size changes, please refer to the Shipping and Returns section.

 

9. Right of withdrawal

9.1 In accordance with the provisions of Legislative Decree no. 206 of 6 September 2005 (as amended), the Customer may reject the purchased items and obtain a refund of the price paid in advance.

Any alteration to the integrity of the original product, including the outer packaging, tags, boxes and hygienic seals, shall result in the forfeiture of the right of withdrawal.

Method of withdrawal

For this purpose, the Customer must contact Motta Fashion srl within 14 days of receipt of the order, sending a statement of withdrawal by email to shop@mottafashionplace.com or by mail, containing the following information:

1. the express intention to withdraw in whole or in part from the purchase
2. the order number proving the purchase of the products for which to exercise the right of withdrawal
3. the codes of the items for which to exercise the right of withdrawal

Following receipt of the notification, the Seller, Motta Fashion Srl, will agree with the customer on how to return the items.

The costs of returning the goods are charged to the Customer. The goods must be received at Motta Fashion Srl no later than 14 days from the date of notification of the intention to withdraw. The Consumer can take advantage of the paid service for returns offered by Motta Fashion srl, at the costs indicated in the “Return Costs” section of the https://www.mottafashionplace.com/spedizioni-e-resi/ page.

The refund, including shipping costs, will be made by Motta Fashion Srl within 14 days of receipt of the goods, after checking the integrity of the returned items.

10. Privacy

10.1 The data will be processed as indicated in the privacy policy.

 

11. Changes and updates

11.1 The General Conditions of Sale may be modified from time to time, also to comply with any regulatory changes. The new General Conditions of Sale shall be effective from the date of publication on the Mottafashionplace.com website.

12. Applicable Law and Jurisdiction

12.1 These General Conditions of Sale are prepared in accordance with Italian law, and in particular the regulations contained in Part III, Title III, Chapter I of Leg. Decree no. 206/2005 (Consumer Code) on distance contracts.

12.2 In the event of disputes in consumer relations, pursuant to article 66-bis of Leg. Decree no. 206/2005 (Consumer Code), territorial jurisdiction is imperatively attributed to the Court where the consumer resides (or is domiciled). In addition, the Consumer established in Europe may use the platform made available by the European Commission for the resolution of any dispute arising from the online contract stipulated on the site. The European ODR platform is available at the link: https://webgate.ec.europa.eu/odr