Terms and conditions
The terms and conditions under which Computer Intelligence Srl alias C.I. Srl offers users access to its services available on the website www.seimoda.com.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
Owner: Computer Intelligence Srl Via Mac Mahon 33 20155 Milan (MI) VAT number IT08976080963
Site: the site www.seimoda.com, managed by the Owner, an ecommerce for the online sale of clothing, shoes and accessories,
Products: the products and / or services offered through the Site;
User: the person who accesses the Site, without distinction of a legal nature and pursued purpose, interested in the Products offered through the Site;
Consumer: natural person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
Conditions: this contract which governs the relationship between the Owner and the Users and the sale or delivery of the Products offered through the Site.
2. Stipulation, conclusion and effectiveness of the Conditions
The purchase contract for the Products is concluded by completing and sending the order form correctly. This form shows the details of the orderer and the order, the price of the purchased Product, any additional accessory charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data recalled in the previous point.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
The Owner may modify or simply update these Conditions, in whole or in part. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Site and it is advisable to print a copy for future consultations.
It is understood that in no case can the Owner be held responsible in the event of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
4. Account cancellation and termination
Registered Users can deactivate their accounts or request their cancellation through the interface of the Site or by sending a written communication to the e-mail address info @ 6moda.com.
The Owner, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.
5. Purchases on the Site
The purchase of one or more Products through the Site is allowed both to Users who have the capacity of Consumers, and to Users who do not have this quality.
Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be Consumers.
Individuals are allowed to purchase only on condition that they are at least eighteen years old.
The Owner undertakes to describe and present the Products sold on the Site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Site and the actual Product may emerge. Furthermore, any photographs of the Products on the Site do not constitute a contractual element, as they are only representative.
The User expressly attributes to the Owner the right to accept, even partially, the order placed (for example in the event that all the Products ordered are not available). In this case, the contract will be considered completed in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
1. when the Product is not available;
2. when the authorization to charge the cost of the Product to the User is denied;
3. when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
6. Prices and payments
The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products include VAT, if due; any other tax and / or shipping costs charged to the User will be indicated before confirming the purchase.
The User undertakes to pay the price of the purchased Product within the times and methods indicated on the Site.
Payment can be made with the payment systems listed in the payments section.
Any reimbursement to the User will be promptly credited through one of the methods proposed by the Owner and chosen by the User and, in case of exercising the right of withdrawal, at the latest within 14 days from the date on which the Owner became aware of the withdrawal itself. .
The Site uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of holders, passwords, etc.).
Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be responsible for any delay or failure to deliver.
The User is always provided with an invoice for the products purchased. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing the Holder every full indemnity in this regard.
8. Methods of delivery of material Products
Material Product means any movable or digital good provided on a tangible medium offered through the Site.
The ordered material Products will be delivered to the User, at the address indicated by him, in the manner indicated on the Site at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon delivery, the User is required to carefully check the integrity of the packages and any seals, any signs of tampering and the correspondence of the number of packages with what is indicated in the accompanying document and / or waybill. In case of damage, lack or tampering, the User is required to refuse the goods or to accept them by placing a reservation on the delivery document. This operation can only be done when the goods are collected, any subsequent complaints will not be received by the Couriers.
After delivery and without the presence of the Courier, the User is required to verify the conformity of the Product delivered with the order placed, without prejudice to any right of withdrawal.
Should an order exceed the quantity existing in the warehouse, the Owner, by e-mail, will inform the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not. .
The Owner assumes no responsibility for the delay or failure to deliver the Product due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the agreed time.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the aforementioned causes, as the User is only entitled to a refund of any price paid.
9. Right of withdrawal of material Products
The User who plays the role of consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within 14 days from Product delivery date.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: supply of products made to measure or clearly personalized, like most of the products on the Site;
In order to withdraw from the contract, the User must contact the Owner at the e-mail address info @ 6moda.com. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms. The delivery date to the shipper will prevail between the parties.
In case of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day on which the User communicated to the Owner that he wishes to withdraw from the contract.
The Owner will reimburse the User in the same payment methods used by the User for the online purchase.
The User must return the Products at his own expense, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.
The User is responsible for the integrity of the Product as long as the same asset is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
10. Optional form to exercise the right of withdrawal
Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent to the email address info @ 6moda.com, before the withdrawal period expires:
With this form I communicate the withdrawal from the sales contract relating to the following goods / services:
Order Number: _______ Ordered on : _______
Name and Surname: _______ Address: ______
Account E-mail connected to the order: _________________________________ Date: _________________
11. Guarantee of conformity
All Products that fall within the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the Site are covered by the legal guarantee of conformity provided for by Articles. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. Therefore, it applies only to Users who have made a purchase through the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Those who have purchased on the Site and who do not have the quality of Consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. of the Italian Civil Code).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to restore the conformity of the Product, without charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair have caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided by the legal guarantee that accompanies the Products, he must contact the Owner at the e-mail address info @ 6moda.com. The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and / or the reported defect.
12. Industrial and Intellectual Property Rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Site and / or the materials and content available on the Site.
These Conditions do not grant the User any license to use the Site and / or individual Contents and / or materials available there, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on the Site are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of the Site, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.
13. Limitation of Liability
The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The User undertakes to indemnify and hold harmless the Data Controller (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which should arise in the face of damage caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
1. any losses that are not a direct consequence of the violation of the contract by the Owner;
2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or relationships commercial, loss of reputation or goodwill, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issuance of incorrect tax documents due to errors in the data provided by the User, the latter being solely responsible for the correct entry.
In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.
14. Force majeure
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will, such as , by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of third party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
15. Link to third party sites
The Site may contain links to third party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the Site. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
No waiver by either party of an article of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
17. Invalidity of single clauses
If any provision of these Terms is found to be illegal or invalid, it will not be considered as part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
19. Applicable law and competent court
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User - consumer to refer to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the civil procedural code.
20. Online dispute resolution for consumers
Consumers residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/