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
Unless otherwise 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
All purchase 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. Deliveries are normally made by FedEx. 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).
Every detail that is deemed necessary for the courier to reach the place of delivery must be reported in the order notes during the purchase process; we remind you that the names are only indicative and not binding for the courier, therefore not 100% guaranteed (such as the telephone face).
>> 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
According to Article. 5 of Legislative Decree dated 22 May 1999 no.185, the customer (if can be described as "consumer" under article 1 letter B) of Legislative Decree 22 May 1999 n. 185) has the right to terminate the contract and return the products ordered, without penalty and without specifying the reason, within 14 (fourteen) working days from the receipt of the products. The right of withdrawal referred to the article above must be exercised by the customer, subject to revocation, by sending a registered letter to Mobili Fiver - Viale Aquileia 11 - 33087 Pasiano di Pordenone (PN) - Italy, within fourteen (14) working days from the receipt of the products.
The above communication can be sent, within the same period by telegram, fax or email to email@example.com, by registered letter, within 48 (forty-eight) hours. All returns (completely intact and accompanied by original packaging) must be authorized by Mobili Fiver and have to be sent to: Viale Aquileia 11 - 33087 Pasiano di Pordenone (PN) Italy. We will not accept parcels to be paid by cash on delivery. Upon receipt of the products (and verified their integrity), Mobili Fiver, in the shortest time possible, will credit to the customer the cost of returned products (as indicated on the invoice), retaining the amount of shipment that will remain permanently charged to the customer. The right of withdrawal referred to the Article above may not be exercised by the customer in the event that the products have been opened and used by the customer.
5. 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: GD & C SRL
Via O. Bottecchia 6 - 33087 Pasiano (PN) Italy
6. 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.