Art. 1 — General provisions
1. The user navigating in this area accesses Mollaian S.r.l., accessible via the url: www.mollaian.it. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Società Mollaian S.r.l.
Sede: Viale Cavour 113, 44121 Ferrara (FE)- Italia
Partita IVA: 01405520386
Iscritta al REA, numero 165943
3. The user is required, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale whose terms Mollaian S.r.l. reserves the right to modify unilaterally and without notice.
Art. 2 — Oggetto
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on Mollaian S.r.l. and do not, on the other hand, regulate the supply of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different subjects, we suggest you check their conditions of sale.
Art. 3 — Conclusion of the contract
To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
It contains the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the delivery methods of the products purchased and the relative shipping and delivery costs, a reference the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
The buyer will be obliged to pay the price from the moment in which the online order forwarding procedure is completed. This will be done by clicking on the «checkout» button at the end of the wizard.
Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 — Registered users
In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
The confirmation will in any case exempt Mollaian S.r.l. from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Mollaian S.r.l. any variation of their data communicated at any time
If the user then communicates inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, Mollaian S.r.l. will have the right not to activate or suspend the service until the related shortcomings are rectified.
On the occasion of the first request for activation of a profile by the user, Mollaian S.r.l. will assign the same username and password. The latter recognizes that these identifiers constitute the system for validating the user’s access to the Services and the only system suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect towards him.
The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
Art. 5 — Availability of products
Product availability refers to actual availability at the time the buyer places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before the order is confirmed.
Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
If the buyer requests the cancellation of the order, by terminating the contract, Mollaian S.r.l. will refund the amount paid within 30 days from the moment in which Mollaian S.r.l. was aware of the buyer’s decision to terminate the contract.
Art. 6 — Products offered
Mollaian S.r.l. markets:
Hand-knotted and hand-made oriental rugs
The offer is detailed on our website at the link: www.mollaian.it
Art. 7 — Methods of payment and prices
The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
In the event of an error, Mollaian S.r.l. will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, it will not exist for Mollaian S.r.l. the obligation to supply what was sold at the lower price incorrectly indicated.
The prices of the site include VAT and include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.
Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for purchasing, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
Payment can be made by: Paypal, credit cards, bank transfer
Art. 8 — Delivery
Mollaian S.r.l. carries out shipments throughout the Italian territory and abroad.
Mollaian S.r.l. will only deliver to the user’s home, provided at the time of purchase.
Delivery is generally made within 10/15 days or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within a maximum period of thirty days from the date confirmation.
If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
If you are not able to be present at the delivery location at the agreed time, we ask you to contact us again to agree on a new delivery date.
If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that it is intended to terminate the contract.
As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
Shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
Art. 9 — Passing of risk
1. The risks relating to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as the complete payment of all amounts due in relation to the same, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
Art. 10 — Commercial warranty and compliance
The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
If the buyer has entered into the contract as a consumer or any natural person acting on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect occurs within 24 months from delivery date of the products; that the buyer makes a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is correctly filled in.
In the event of non-compliance, the purchaser who has entered into the contract as a consumer will be entitled to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent refund of the price.
All return costs for defective products will be borne by the seller.
Art. 11 — Withdrawal
In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
In the case of multiple purchases made by the buyer with a single order and delivered separately, the term of 30 days starts from the date of receipt of the last product
The user who intends to exercise the right of withdrawal must notify Mollaian S.r.l. by explicit declaration, which can be sent by registered letter with return receipt to the address:
Viale Cavour 113, 44121
44121 Ferrara (FE) — Italy
The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014. obligatory.
The goods can be returned to any point of sale or collection in Italy, as indicated on the web page at the time of purchase.
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until the goods are received or until the buyer demonstrates that he has returned the goods.
The right of withdrawal will not apply in the event that the services and products of Mollaian S.r.l. are included in the categories of art. 59 of Legislative Decree 206/2005.
The site will reimburse using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.
Shipping and packaging costs of the returned products are charged to the Buyer.
Art. 12 — Data processing
The buyer’s data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).
Art. 13 — Safeguard clause
In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 14 — Contacts
Any request for information can be sent by email to the following address info@mollaian.it, by telephone to the following telephone number: (0039) 0532 200966, and by post to the following address:
Mollaian S.r.l.
Viale Cavour 113,
44121 Ferrara (FE) — Italy
Art. 15 — Applicable law and competent court
These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the buyer’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
Any disputes inherent and / or consequent to the same must be resolved exclusively by the Italian jurisdiction. In particular, if the buyer holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 27/04/2020.
