Selling conditions

TERMS OF SALE

Mobrique, with registered office in S.S. 410 Naro-Camastra 92028 Km 15,800 – 92028 Naro (AG), recorded at the register of companies of the city of Agrigento (REA – AG-210832 VAT number IT 02851550844), owns the website www.mobrique.com.

ACCEPTANCE OF THE CONDITIONS OF SALE

The contract entered between Mobrique and the Costumer is to be considered concluded with the acceptance, even if only partial, of the order by Mobrique. Said acceptance is understood to be tacit unless the Customer is informed otherwise by any means. Making an order with the anticipated procedures, the Customer declares to have taken vision of all the informations provided to him during the purchasing procedure and to fully accept the general conditions and payment conditions below reproduced.

If the Customer is a consumer, once the online purchase procedure has been completed, he will print or save an electronic copy and keep these general conditions of sale, in compliance with the provisions of art. 3 and 4 of Legislative Decree 185/1999 on distance sales, in compliance with the law 196/2003 and the GDPR regulated 2016/676.

The costumer is not entitled to damages or compensation, as well as any contractual or tort liability for direct or indirect damages to persons and/or propriety caused by the failure acceptance, even partial, of an order.

METHOD OF PURCHASE

7) Paypal or Credit Card

Thanks to the collaboration with the Paypal circuit, in addition to accepting payments made with your Paypal account, the most common credit cards are accepted such as: Mastercard, Maestro, Visa, Visa Electron, American Express, Aura and Discover. Also, this collaboration guarantees the customer speed and secure transactions.

9) Bank transfer in advance

This method is not usable on all items in the catalogue. All the limitations are clearly visible in the shopping cart. In case of Bank transfer payment, everything ordered by the Consumer will be kept aside until the receipt of the payment has been received. It has to be sent to Mobrique (via fax or email) not later than 3 working days from the date of acceptance of the order. Sending as ordered will only be effected upon the actual crediting of the sum dye on the Mobrique store c/c, which will be due within 7 working days from the date of acceptance of the order. Exceeded such expirations, the order will come thought automatically cancelled. The motive of the banking discount must contain:

The reference number;

The date on which the order was placed;

Name and surname of the order’s holder;

10) In case of cancellation of the order, both from the customer and in the event of non-acceptance of it from Mobrique, the amount relating to the cancelled goods will be re-credited to the customer. The timing of crediting depends exclusively on the banking system. Once the amount is credited to the bank account, Mobrique can not be held liable for any direct or indirect damages caused by the delays of the actual banking system.

11) Mobrique reserves the right to request additional information from the customer (e.g. landline number) to determine the actual ownership of the account. In the absence of the required documentation, Mobrique reserves the right not to accept the order.

DELIVERY MODE

12) Mobrique can accept orders with delivery in Italian territory. Cancellation of the order is possible until the moment in which it is not yet in preparation.

13) For any approved order, Mobrique issues an invoice of the sent material by sending it through the SDI to the holder of the order, pursuant to Legislative Decree 205/2017. The informations provided by the customer in the act of order, make faith for the release of the invoice.

14) The delivery costs are charged to the customer and are clearly explained during the making of an order. The payment of the goods will be made using the method chosen at the time by the customer.

15) No responsibility can be attributed to Mobrique in case of delay in order or delivery of goods ordered.

16) The delivery of ordered goods is meant at the street level except: a) a different communication by our Customer Service b) if provided in the technical sheet of the product c) the putspoken purchase of the delivery to your floor where this is provided, the client is require to check: that the number of packages in delivery corresponds to what is indicated in the shipping document by e-mail; that the packaging is undamaged, nor wet or otherwise altered, even the closing materials (tape or metal straps). Any damage to the packaging and/or product or the mismatch in the number of packages shall be immediately notified “SUBJECT TO CONTROL” (SPECIFYING THE REASON FOR THE RESERVE, e.g. “hole in the packaging”, “packaging smashed”, and so on) on the proof of courier delivery. Once signed the couriers document, the costumer will not be able to oppose any dispute about the external characteristics of delivered goods. Eventual problems about integrality, correspondence or thoroughness of the received products must be signal to you within 7 days from the happened delivery, following the modalities previewed in the document.

17) In case of missing withdraw within 5 days of the material in stock at the carrier’s warehouse because of the repeated impossibility of delivering to the address specified by the costumer when placing the order, what order will be returned back to Mobrique’s warehouses.

RIGHT OF WITHDRAWAL

Term and conditions regarding the exercise of the right to withdraw pursuant to art. 49, paragraph 4.

18) The Consumer is entitled under the Consumer Code D.igs n. 206/2005 and following amendments and supplements to terminate the contract within 14 days from the day on which the Consumer, or a third party deigned by the Consumer, acquires physical possession of the goods without any penalty. The Consumer is required to send an email containing photographic documentation that proves the integrity of the product before starting the withdrawal practice.

19) To exercise your right to cancel, the Consumer is required to inform us about his decision to withdraw from the contract by means of an explicit statement (such mail or email) providing a valid motivation. Any communication of withdrawal can be sent to:

Mobrique S.S. 410 Naro-Camastra Km 15,800 92028 Naro (AG) +39 0922 956642

To comply with the cancellation period, it is sufficient that the notification of the Consumer’s desire to exercise their right in this respect is sent before the corresponding deadline expires.

20) The right of withdrawal shall be deemed to be exercised correctly if the following are respected:

The purchased product must be returned intact with all its accessories;
The product must be complete in all its elements and parts (including external packaging, accessories, documentation, related labels, identification tag and codes);
At the time of return the product must be returned as received by the Consumer

The Consumer is requested to send the goods to our premises situated in S.S. 410 Naro-Camastra Km 15,800 – 92028 Naro (AG), without indue delay and in any case within 14 days of the date on which Mobrique becomes aware of the exercise by the Costumer on the right of withdrawal. If the Costumer decides to exercise the right of withdrawal, the direct costs for returning the goods, for which intends to withdraw from the purchase contract, are born by the Consumer. The amount of the cost of the postage depends on how high the amount requested by the postal service or by ani other comparable operator responsible for the delivery of parcel is. It usually depends on the wight and size of the parcel. To prevent to damage the original product and packaging, the packaging must be coated with additional protective packaging to preserve the integrity of the goods during the transport. So the risk of damage to the products is borne by the Consumer, until the certificate of receipt of goods at our warehouse whether the good it is a shipment or it is being damaged for causes other than its transport.

22) We will proceed with the refund within 30 days from the receiving of the goods, unless you have carried out with successful verification of the deadline for the exercise of withdrawal, the integrity and suitability of the product and all listed conditions for the proper exercise of the right of withdrawal. All payments by the Consumer will be refunded, from which the costs of handling the fil and the expenses of initial shipments will be deducted. This refund will be made using the same payment method used by the Costumer for the original transaction. In the absence of the essential condition of the good’s integrity and other conditions described above, for the Consumer the right of withdrawal expires and the product will remain available at the warehouse to be collected be the Consumer. Mobrique will notify the Consumer by an appropriate communication.

WARRANTIES

23) All products sold by Mobrique are covered by the manufacture’s warranty and a 12 months warranty for lack of conformity pursuant to Legislative Decree 206/05. To receive the warranty service, the Customer shall retain the invoice (or DDT) received via e-mail in PDF electronic format. Exercising Warranty may involve requesting support from Authorised Service Centres present throughout the country and/or following the procedures illustrated in the documentation inside the product packaging.

24) The exercise of the guarantee may provide the assistance to authorised assistance centres in the territory and/or follow the procedures described in the documentation inside the product packaging. If, after checked by an authorized Service Centre the defect should be result not covered by the manufacture’s conventional warranty, the verification costs will be born by the Consumer and restoration required by, as well as shipping costs if incurred by Mobrique.

25) The 12-month warranty pursuant to Legislative Decree 206/05 is valid for products with a lack of conformity, as long as the product has been used correctly with due respect as per any technical documentation. This warranty is for private consumption (the person who buys goods for purposes not related to his professional activity, or making a purchase order form without indicating a reference to VAT). In case of lack of conformity, Mobrique supplies, without expenses for the Customer, to the restoration of the conformity of the product by means of repair/substitution or to the reduction of the price, until the resolution of the contract. If, as a result of intervention by an Authorized Service Centre, should not result in a lack of conformity pursuant to Legislative Decree no. 206/05, the Customer will be charged for any cost of verification and restoration required by, as well as shipping costs if incurred by Mobrique.

26) The replacements in case of DOA (Dead On Arrival: product not working on delivery) takes place only if expressly provided by the manufacturer. The timing of replacement or possible repair of the product depends exclusively on the policies of the manufacturer.

27) In the event that, for any reason, it is not able to return to its Customer a product under warranty (restored or replaced), Mobrique may as its own discretion refund the amount paid, taking into account the use of the good or its replacement with a product with similar characteristics.

28) The repair or possible replacement of the product depends solely on the manufacturer’s policies and no damages may be claimed from Mobrique for possible delays in repairs for replacements.

29) In cases in which the application of the guarantees provides the return of the product, the good must be returned by the Customer in the original packaging, complete in all its parts (including the packaging, possible documentation and accessory equipment: manuals, cables, etc…). In order to limit any damage to the original packaging we recommend to insertthe product in a second box. The use of adhesive labels or tape applied directly on the original packaging of the product must be avoided in all cases. The Costumer will be given an authorisation number to return the product (RMA) that must be indicated on the outside of the packaging, following the indications that can be found in the authorization email.

PRIVACY

30) The personal data, requested in phase of forwarding the order, are collected and treated in a way to satisfy the explicit request of the Customer and will not be, in no case and at no title, transferred to third parties. Mobrique ensures to its Customers compliance with the rules on the processing of personal data, regulated by the privacy code of which to art. 13 from GDPR (UE) 2016/679. The data controller is Mobrique S.S. 410 Naro-Camastra 92028 Km 15,800 Naro (AG)

APPLICABLE LAW

31) The sales contract between the Customer and Mobrique is intended to be concluded in Italy and regulated by Italian law. For the solution of civil and penal controversies deriving from the conclusion of the contracted present of sale at distance, if the Customer is a consumer, the territorial competence is its municipality residence. In all cases, territorial competence is exclusively forum of Turin.