Terms of Service
The following sale conditions regulate the terms and conditions of sale of products commercialized by Mobili Fiver. All of the sale agreements related to the sale of Mobili Fiver products to third parties are regulated by the following terms and conditions, which form an integral and essential part of any proposal, order and confirmation of purchase of the products. The conditions of sale related to your order are those in effect at the date of the order.
1. PRODUCTS: PRICES AND FEATURES
indicated, the prices of the products published by Mobili Fiver are
VAT included. The prices of products from time to time published by
Mobili Fiver cancel and replace the previous ones and are subject
to availability of products.
Mobili Fiver reserves the right to confirm or modify the prices of products posted on its website. Unless otherwise indicated, product images are indicative and not binding. The Customer is responsible for choosing the products ordered in compliance and conformity with the specifications/size set by the manufacturer.
2. ORDERS - BILLING
orders sent to Mobili Fiver should be complete in their entirety
and must contain all the elements necessary for the proper
identification of products ordered. Each order sent to Mobili Fiver
constitutes a contract proposal from the customers and, therefore,
will be binding to Mobili Fiver only if confirmed for acceptance.
The order execution is considered equivalent to confirmation and acceptance thereof. Mobili Fiver reserves the right to not accept orders incomplete or not properly completed. In case of failure to execute the order by Mobili Fiver (if it is due to unavailability of products ordered by the customer) the company will soon inform the customers and refund the amount in its entirety if already paid for the supply not performed. In this case the customer is not entitled to any further reimbursement or indemnity or compensation, furthermore the prices and purchases online on www.mobilifiver.com will only be valid for that type of purchase and not for retail or catalogues sale. The tax records (receipt or invoice) related to the ordered products will be issued by Mobili Fiver upon shipment of products to the customer.
3. PRODUCTS DELIVERY
Free Shipping in Europe. The ONLY formula allowed for online purchases is payment in advance.
Delay in delivery less than 10 (ten) working days shall not entitle the customer to refuse delivery of the products, or to claim damages or compensation. The delivery time once the package is shipped is 5-7 working days, depending on the location. However, these times cannot be 100% guaranteed by Mobili Fiver, as they can vary depending on stock availability, logistic difficulties of the couriers used (Ex. strikes or problems with the vehicles), the presence of holidays and location of delivery (Ex. in remote-difficult areas or islands). The delivery times indicated are therefore an ESTIMATE, calculated on the basis of the MEDIA on the history of previous shipments (based on the last semester in progress); therefore they can be subject to advances or delays, for reasons not directly attributable to Mobili Fiver (as in the case of strikes, or peaks of deliveries near the holidays). The tracking number of your shipment will be sent by e-mail at the time when the product is shipped. Mobili Fiver has the right to make delivery of products (even on the same order) in successive deliveries. In this case the customer have to pay only for one shipment. Particular conditions and terms of delivery have to be agreed by Mobili Fiver and the customer, and they must be accepted by putting it in writing. The goods in STOCK at the courier's warehouse due to repeated impossibility of delivery remain available to the customer for a maximum of 5 working days. After this deadline, the order will be canceled; in this case the ordered items will return to the sender, and the order will be reimbursed to the customer but only partially (net of shipping and storage costs accrued, which are charged to the customer).
If the products are not immediately available in the warehouse, but are in the production phase (there is the red date of departure from our warehouses in the product's page), the order will be shipped respecting this date (ex "Shipping from xx.yy.zz").
If there are multiple products in the same order, the product with the longest shipping times is taken as reference for the departure.
- PASSING OF THE RISK, art. 63 Legislative Decree 206/2005
1. In contracts that place the obligation on the professional to provide for the shipment of goods, the risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, enters into physical possession of the goods.
2. However, the risk is transferred to the consumer at the time of delivery of the good to the carrier if the consumer has chosen it and this choice has not been proposed by the professional, without prejudice to the consumer's rights towards the carrier.
4. RIGHT OF WITHDRAWAL
Pursuant to Legislative Decree 206/2005 the "consumer" customer has the right to withdraw from the contract and return the ordered products, without any penalty and without specifying the reason, within the term of 14 days from the day of the reception of the products (if the term of 14 days has exceeded, GD & C Srl will not guarantee the return). The right of withdrawal must be exercised by the Customer, under penalty of forfeiture, by sending the request via email to firstname.lastname@example.org (indicating the order number and product he wants to return).
All returns (which must be perfectly intact and accompanied ONLY by the original packaging) must be authorized in advance by Mobili Fiver Customer Service. The return of any item is accepted without hesitation, if the item is in PERFECT CONDITIONS and SEALED, WITHOUT ANY KIND OF WEAR, NEITHER RUINED, OR SCRATCHED, exclusively with the original packaging (including internal protections). The right of withdrawal referred to in the previous article CANNOT be exercised by the customer if the products have been used by the customer.
The customer can:
A) send the product back to the following address: Via Maestri del Lavoro 14 - 33087 Pasiano di Pordenone (PN), at its expense. The return shipment is a responsibility of the customer, including liability for loss or damage to the products.
B) Mobili Fiver will collect the products with its courier, the goods must be taken to the street level (same procedure of the delivery). The return cost is charged to the customer (varies according to the weight / volume of the product).
Before organizing the return, Mobili Fiver will communicate the cost of the return to the customer (amount that will then be retained during the refund to the customer).
- REFUNDOnce the products have been received (and checked); the maximum term within which the refund will be made after the return of the goods is 10 days. Whatever the payment method you use (credit card, bank transfer), the refund is activated in the shortest possible time, and in any case within 10 (ten) days from the date on which Mobili Fiver became aware of the exercise of the right of withdrawal , once verified that the withdrawal occurred in compliance with the above conditions.
GD & C srl will refund the full price of the purchased products (if the return is organized by the customer), otherwise there will be a partial refund (net of transport costs to organize the return).
5. COMPLIANCE AND GOODS WARRANTY
It is duty of the customer, when the goods are delivered, to check that the package is intact, not damaged, wet or altered, even in the sealing materials. Eventual damages must be notified to the deliverer (accepting with SPECIFIC RESERVE and describing the problems found).
In case the product has been damaged during the transport, the customer must notify the issue to Mobili Fiver via e-mail (email@example.com) within 3 days from the delivery, describing the damage and attaching images of the problems in order to activate the warranty.
However, when the packages are delivered, the customer must check that the products are the correct ones and that they do not have production and/or compliance defects. Besides the specific warranties are also applied the warranties provided for the Italian law. In accordance with the Article 130 of the Consume Code, the vendor is responsible for every existent defect at the moment of the delivery. In case of defect, the consumer has the right to free restoration of the compliance of the good through the reparation or the substitution, to a discount or to the resolution of the contract. In case the package has evident manumission or alteration signs, is recommended to the customer to contact our Customer Service. The legal goods compliance warranty according to the Article 128 of the Consume Code is 2 years. The vendor is responsible, according to Art. 130, when the defect appears within 2 years from the delivery of the good. In particular, the warranty rights can be exercised only if the good has been properly used and if the customer show the transport document. The warranty isn’t activated in case the defect is reported within more than 2 months from the discovery moment. (Art.132) The request from the customer must be communicated to the Customer Service.
If the product arrives damaged, DO NOT assemble the product before contacting our customer service, who will indicate what to do, after receiving the pictures of the problem (if the product is assembled anyway, without first contactng the customer service, the warranty may lapse).
6. PAYMENT METHODS
- Credit Card: Visa and Mastercard (no American Express)
- Bank transfer, Coordinates:
IBAN: IT 20 V 03069 64781 100000004333
BANCA INTESA SAN PAOLO SPA - Azzano Decimo (PN) Italy
to: Mobili Fiver S.r.l.
Via Ottavio Bottecchia 6 - 33087 Pasiano (PN) Italy
C.F. / P.IVA: IT01391580931
>> It is NOT possible to pay in installments.
7. COMPETENT COURT
Subject to any applicable mandatory provisions of law for the protection of consumers (as defined under article 1 letter B) of Legislative Decree 22 May 1999 n. 185), any dispute related to these Terms and Conditions, shall be under the exclusive jurisdiction of the Court of Pordenone (Italy). Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and agree specifically the clauses of the General Conditions of Sale.