GENERAL TERMS AND CONDITIONS OF ONLINE SALE FOR THE CONSUMER CUSTOMER PURSUANT TO D.LGS. 206/2005
PREMISES
The present General Conditions of Sale govern the purchase of products offered by MOSAIC. S.P.A. through the website at the URL https://www.creative-cables.co.uk.
MOSAIC S.P.A. markets the Products under the CREATIVE CABLES brand, of which it is the exclusive owner.
Through these General Conditions, the customer (who purchases as a consumer pursuant to the d.lgs. becomes aware, before the conclusion of the Order, of the methods and terms of purchase and the rules governing the contractual relationship.
ARTICLE 1 - DEFINITIONS
1.1 In these General Conditions, the following terms shall have the meanings specified below:
Hello! It seems like your message might be incomplete. Could you please provide more details or clarify your request? Account: the online profile containing the Consumer Customer's personal information, which they access using credentials, available on the Website.
It seems like you've provided a partial text or snippet with "b)". Could you please provide more context or text for translation? Cart: virtual container where the Products chosen by the Consumer Customer are collected.
It seems like there was an error in your submission, as only "c)" was provided, which appears to be a part of a list or an outline. Could you please provide more context or the complete text so I can assist you better? Catalog: the catalog of Products offered by Mosaic with the related price list, as proposed on the Site.
It appears that your message is incomplete. Please provide more details or context so I can assist you effectively. Consumer Customer: the natural person who purchases the Products offered by Mosaic on the Website for purposes unrelated to his/her professional and/or business activity, thus qualifying as a consumer under the Consumer Code.
It seems that you might have accidentally provided incomplete information. Could you please provide more details or clarify your request? Consumer CodeIt seems like your message got cut off. Could you please provide the complete text you want translated from Italian to English? d.lgs. September 6, 2005, No. 206 and s.m.i.
It looks like you've provided an incomplete text or fragment. Please provide more details or the full text you need translated from Italian to English. General Conditions: the present general conditions of sale (as well as its subsequent modifications and/or integrations, duly communicated to the Consumer Client) that govern the Contract with the Consumer Client.
Hello! It seems like there might be a mistake in your submission. You only provided the letter "g)" which doesn't give enough context or content to translate or assist with. Could you please provide more details or clarify your request? Order Confirmation: the approval of the Order by Mosaic and communicated to the Consumer Customer.
Hello! It seems like your message might be incomplete. Could you please provide more details or clarify what specific information or translation you need? Contract: the binding agreement that governs remote sales and is concluded from time to time between Mosaic and the Consumer Client, subject to these General Conditions.
It seems like you might have accidentally submitted an incomplete message. Could you please provide more context or complete the text you need help with? I'm here to assist you! "Mosaic or Society": the MOSAIC company S.P.A., with registered office in Turin (TO), 10153, Lungo Dora P. Colletta n. 113/9, C.F. and VAT ID IT0981327001, Tel: 800-034180; E-mail: info.it@creative-cables.com; It appears that you've provided a partial email address and the text "PEC," which stands for "Posta Elettronica Certificata" (Certified Electronic Mail) in Italian. This type of email system is used in Italy for secure communication, primarily for official correspondence between companies, individuals, and public administration agencies. If you have a specific request or need further information related to this, please provide more details!pec.it.
It seems like there might have been an error in your message, as you only provided a letter and a closing parenthesis. Could you please provide more context or clarify your request so I can assist you better? Order: the Consumer Customer's request to be able to purchase the Products available on the Site, through the relevant Order Procedure.
It seems like there might have been an error or misunderstanding in your message. You provided "k)", which appears to be a part of a list or an item marker. Could you please provide more context or clarify what information or translation you need? Guest: the Consumer Customer who purchases on the Website without having an Account.
It appears there might have been an error in your message as you've only provided a partial letter "l)". Could you please provide more context or clarify what information or translation you need? "Leaves" or "Departures": jointly Mosaic and the Consumer Client.
It seems like there was an error in your request, as the content provided ("m)") is incomplete or not meaningful. Could you please provide more context or clarify your request? I'm here to help! Order Procedure: the Site's procedure for the placement of an Order by the Consumer Customer.
It appears that you've provided a partial or incomplete text which just includes "n)". Please provide more details or the full text you'd like translated from Italian to English. Products: the goods offered by Mosaic on the Site.
It looks like there may have been an error or incomplete text in your message. Could you please provide more details or clarify what you would like to translate or discuss? Site: the website with the URL address https://www.creative-cables.co.uk, related to the CREATIVE CABLES brand.
ART. 2 - OBJECT
2.1 The present General Conditions govern the Contract between Mosaic and the Consumer Customer for the remote sale of Products offered by the Company on the Website, and are drafted in accordance with the provisions of the Consumer Code.
ART. 3 - COMPLETION OF THE CONTRACT
3.1 The Consumer Customer will have the option to choose whether to purchase the Products (and thus proceed with the finalization of the Contract) through an Account, which entails creating their own reserved area, or as a Guest.
3.2 The contract between the Consumer Customer and the Company will be concluded through the execution, by the Consumer Customer, of the Order Procedure available on the Website, after selecting the Products and adding them to the Cart.
3.3 Once the Products have been selected, the Consumer Customer must enter the required data in the fields indicated as mandatory, then choosing the payment method from those available.
3.4 Before the end of the Order Process, the Consumer Customer will be able to view a summary of the Order and the total amount to be paid, including shipping costs.
3.5 To complete the Order Procedure, the Consumer Customer must make the payment through the methods expressly provided on the Website.
3.6 Following the payment by the Consumer Customer and the subsequent forwarding of the Order, Mosaic will send the Order Confirmation via email communication to the email address previously provided by the Consumer Customer.
3.7 The conclusion of the Contract will only occur at the time of sending the Order Confirmation by the Company, made following the receipt of payment.
3.8 Mosaic reserves the right not to confirm the Order for any reason, by notifying the Consumer Customer via email and refunding any amounts paid by the same.
3.9 Once the Order has been placed and the Order Confirmation has been received from Creative Cables, the Order cannot be cancelled or modified. However, the right of the Consumer Customer to exercise the right of withdrawal, where applicable, remains unaffected, under the terms and conditions provided.
ARTICLE 4 - PRICES
4.1 The prices of the products, expressed in € (euros), are indicated on the website and include VAT.
4.2 Shipping costs are calculated in the summary section during the Order Process.
4.3 Mosaic reserves the right to change the prices of the Products and/or shipping costs at any time; new prices will be promptly indicated on the Website and for the Consumer Customer, the amount specified there at the time of the conclusion of the Order Process will be considered binding. It is understood that, even in the case of a price change, the Consumer Customer, in the event of a refund, will be entitled to the return of the amount actually paid.
ART. 5 - SHIPPING AND DELIVERY OF PRODUCTS
5.1 Shipping costs may vary depending on the delivery location; in any case, following the Consumer Customer's completion of the "Address" fields during the Order Procedure, the relevant amount will appear in the summary section.
5.2 Mosaic, following the Order Confirmation and within no more than 3 (three) business days, may inform the Consumer Customer of the temporary or permanent unavailability of one or more Products purchased by the Consumer Customer. In such cases, if the unavailability is permanent, Mosaic will proceed with the refund for the unavailable Product; if it is temporary, Mosaic will inform the Consumer Customer of the estimated time for the product to become available again, at which point the customer may choose to cancel the single Product and receive a refund for the amount paid in relation to it.
5.3 The delivery of the Products will be made through carriers appointed by Mosaic, unless otherwise expressly agreed between the Parties; the Consumer Customer may choose from the available carriers at the time of the Order Procedure depending on the type of delivery service.
5.4 Any delivery timelines provided should be considered as purely indicative and not binding.
5.5 At the time of delivery, it is the responsibility of the Consumer Customer to check the contents of the shipment and the condition of the Product before signing the transport document. If the packaging conditions are evidently damaged, the Consumer Customer must accept the Product "with reservation", describing the conditions on the copy of the delivery receipt, specifying the problem encountered and taking photographs before opening the packaging to document the defect.
5.6 The Consumer Customer must report to Mosaic the damaged conditions of the Product due to transportation within no more than 2 (two) working days from the receipt of the Products by email, attaching photographs of the packaging and the damaged Products.
ART. 6 - RIGHT OF WITHDRAWAL
6.1 The Consumer Customer has the right to exercise the right of withdrawal, in accordance with articles 52 et seq. of the Consumer Code, for all Products purchased on the Site, with the exception of customized Products: in fact, the right of withdrawal is expressly excluded, pursuant to article 59, letter c) of the Consumer Code, for the supply of goods made to measure or clearly personalized.
6.2 In cases other than the exception mentioned in the previous point, the Consumer Client may withdraw from the Contract, for any reason and without having to provide any explanation, within 14 (fourteen) days from the date on which the Consumer Client -or a third party designated by them at the receipt of the Products- takes physical possession of the Products.
6.3 For the exercise of the right of withdrawal, the Consumer Client, within the deadline referred to in Article 6.2, must inform Mosaic of their decision to withdraw from the Contract, by:
A) compiling a return request within the reserved area. On the "My Account" page, there is a section called “My Return Requests”; simply click on “Add New Request” and then enter the order reference (which can be found in the “My Orders” section if needed).
B) the use of the link and the subsequent guided procedure available on the Website in the "RETURNS AND REFUNDS" section;
C) through any other explicit statement of their decision to withdraw from the contract.
6.4 In the event that the Consumer Customer exercises their right of withdrawal, Mosaic will refund the full amount received from the Consumer Customer, including delivery costs, within 14 (fourteen) days from the day on which the Company is informed of the exercise of the right of withdrawal. Mosaic retains the right to withhold the refund until it has received the Products back, or until the Consumer Customer has shown proof of having sent them back, depending on which situation occurs first.
6.5 The amount to be refunded to the Consumer Customer will still be reduced by the cost of returning the Products (managed and organized by Mosaic), which, according to Article 57 of the Consumer Code, remains the responsibility of the Consumer Customer.
6.6 Mosaic will process the refund using the same method of payment that the Consumer Customer used for the initial transaction.
6.7 The Consumer Client must return the Products without undue delay and in any case within 14 (fourteen) days from the date on which they communicated to Mosaic their decision to withdraw from the Contract; the deadline is considered met if the Consumer Client sends back the Product before the expiration of the aforementioned period.
ART. 7 - LEGAL WARRANTY OF CONFORMITY
7.1 The products are covered by the legal warranty of conformity in accordance with Articles 128 et seq. of the Consumer Code.
7.2 Mosaic is therefore liable to the Consumer Customer for any lack of conformity existing at the time of delivery of the Product and which appears within 2 (two) years from that time.
7.3 In the event of a conformity defect of the Product, the Consumer Customer shall have the right, alternatively, to either have the conformity restored, or to receive a proportional price reduction, or to terminate the Contract.
7.4 For the purpose of restoring the Product's conformity, the Consumer Customer may choose between repair or replacement, provided that the chosen remedy is not impossible or, with respect to the alternative remedy, does not impose disproportionate costs on Mosaic.
7.5 The Consumer Customer may also make use of the proportional price reduction or contract termination in cases provided for by Article 135bis of the Consumer Code.
ART. 8 - OBLIGATIONS OF THE CONSUMER CLIENT
8.1 The Consumer Client is required to carefully read these General Conditions before the conclusion of the Contract, as well as to keep a copy.
8.2 The Consumer Client is required to provide truthful, accurate, and complete information and/or data.
8.3 The Consumer Customer, by completing the Order Procedure, expressly declares to be of legal age and to have full capacity to act.
8.4 The Consumer Client agrees to carefully read the document containing the technical instructions of the Products and their specific characteristics, and to use them exclusively within the terms and methods prescribed therein, committing to request any clarification from Mosaic before completing the Order Procedure or before using the Products.
8.5 The Consumer Customer assumes all responsibility in the event of a breach of the aforementioned obligations and agrees to compensate Mosaic for any harm caused by such violations, as well as to hold it harmless from any adverse consequences, liabilities, damages, and/or costs incurred by the Company as a result of a failure to fulfill the obligations undertaken by the Consumer Customer upon acceptance of these General Conditions, including towards third parties.
ART. 9 - LIMITATIONS OF LIABILITY
9.1 Also in accordance with what is provided in the previous article and within the limits of the law, of art. 1229 c.c. and under the Consumer Code, Mosaic will not be held liable:
a) for any direct, indirect, special, incidental, and/or consequential damages arising from the improper use, non-use, and/or inability to use the Products;
b) for any damage, cost, and/or loss suffered by the Consumer Customer due to the delay in delivery of the Products.
ART. 10 - FORCE MAJEURE
10.1 Mosaic will be exempt from liability if it is proven that the delayed or non-performance of obligations is due to force majeure or unforeseen circumstances (including, but not limited to: failures of telecommunication services and public services, power outages, shortages of raw materials, strikes and/or lockouts, public administration measures, impediments to traffic and/or production activities, epidemics, pandemics, natural disasters of any kind, as well as any other cause beyond its control).
10.2 In the presence of force majeure or unforeseen circumstances, within the limits of applicable law, Mosaic will also have the option to terminate the Contract, or to suspend and/or postpone its execution.
ART. 11 - GENERAL INFORMATION FOR THE CONSUMER
11.1 The Consumer Client declares to have reviewed the General Information provided by Mosaic to the Consumer, available on the Site.
ART. 12 - PROCESSING OF PERSONAL DATA
12.1 The personal data provided by the Consumer Customer in the context of the Ordering Procedure and/or during purchasing operations will be processed in accordance with the legislation on the protection of personal data, particularly in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR) and the d.lgs. June 30, 2003, No. 196, as last amended by d.lgs. 101/2018.
ART. 13 - INTELLECTUAL PROPERTY
13.1 The intellectual property rights related to the Site, the trademarks present on it, as well as any creative work, distinctive sign and/or denomination, images and/or logos, even those possibly reported on the Products, are the exclusive property of Mosaic and/or its predecessors. Any use and/or reproduction, even partial, is prohibited without the prior written authorization of the Company.
ART. 14 - APPLICABLE LAW AND JURISDICTION
14.1 These General Conditions, the Contract, and the resulting legal relationships are governed exclusively by Italian law.
14.2 The General Conditions are drafted in Italian; in the event of a translation of the text into other languages, the document in Italian is the only one that is authoritative and binding between the Parties for the purposes of the validity of the meaning.
14.3 Any disputes that may arise between the Parties concerning the validity, interpretation, and/or execution of the Contract shall be subject to Italian jurisdiction.
14.4 Any dispute between the Parties shall be referred to the Court of the place of residence or domicile of the Consumer Client if located within the territory of the Italian State.
ART. 15 - FINAL PROVISIONS
15.1 In no case can any behaviors of the Consumer Customer that deviate from these General Conditions be considered as exceptions to the same, nor as tacit acceptances by Mosaic, even if not expressly contested by the Company.
15.2 The potential ineffectiveness or invalidity of one or more provisions of these General Conditions shall not affect the validity of the remaining parts, which shall be considered valid and effective.
15.3 For matters not expressly regulated by these General Conditions, reference is made to the provisions of the Civil Code and those of the Consumer Code.
Pursuant to articles 1341 and 1342 of the Civil Code, the Consumer Customer, after having carefully and specifically reviewed the content, expressly accepts the following articles: ARTICLE 3 – COMPLETION OF THE CONTRACT; ARTICLE 4 – PRICES; ARTICLE 5 - SHIPPING AND DELIVERY OF PRODUCTS; ARTICLE 8 - OBLIGATIONS OF THE CONSUMER CUSTOMER; ARTICLE 9 - LIMITATIONS OF LIABILITY; ARTICLE 10 – FORCE MAJEURE.
