Terms of service
GENERAL TERMS AND CONDITIONS OF ONLINE SALE FOR CONSUMER CUSTOMERS PURSUANT TO LEGISLATIVE DECREE 206/2005
PREAMBLE
These General Terms and Conditions of Sale govern the purchase of products offered by MOSAIC S.P.A. through the website at the URL https://www.creative-cables.it.
MOSAIC S.P.A. sells the Products under the CREATIVE CABLES brand, of which it is the exclusive owner.
Through these General Terms and Conditions, the customer (purchasing as a consumer pursuant to Legislative Decree 206/2005) is informed, prior to completing the Order, of the methods and terms of purchase and the rules governing the contractual relationship.
ART. 1 - DEFINITIONS
1.1 For the purposes of these General Terms and Conditions, the following terms shall have the meanings set forth below:
a) Account: the online profile containing the Consumer Customer’s personal information, which is accessed via credentials, available on the Site.
b) Cart: the virtual container in which the Products selected by the Consumer Customer are collected.
c) Catalog: the catalog of Products offered by Mosaic with the corresponding price list, as displayed on the Site.
d) Consumer Customer: the natural person who purchases the Products offered by Mosaic on the Site for purposes unrelated to any professional and/or business activity, and is therefore considered a consumer under the Consumer Code.
e) Consumer Code: Legislative Decree of September 6, 2005, no. 206 and subsequent amendments.
f) General Terms and Conditions: these general terms and conditions of sale (including any subsequent amendments and/or additions, duly communicated to the Consumer Customer) governing the Contract with the Consumer Customer.
g) Order Confirmation: the approval of the Order by Mosaic, communicated to the Consumer Customer.
h) Contract: the binding agreement governing the remote sale and purchase, concluded from time to time between Mosaic and the Consumer Customer, subject to these General Terms and Conditions.
i) Mosaic or Company: the company MOSAIC S.P.A., with registered office in Turin (TO), 10153, Lungo Dora P. Colletta no. 113/9, Tax Code and VAT no. IT0981327001, Tel: 800-034180; E-mail: info.it@creative-cables.com; PEC: mosaicspa@pec.it.
j) Order: the request by the Consumer Customer to purchase the Products available on the Site, through the relevant Order Procedure.
k) Guest: the Consumer Customer who purchases on the Site without having an Account.
l) Parties: collectively, Mosaic and the Consumer Customer.
m) Order Procedure: the Site procedure for placing an Order by the Consumer Customer.
n) Products: the goods offered by Mosaic on the Site.
o) Site: the website at the URL https://www.creative-cables.it, relating to the CREATIVE CABLES brand.
ART. 2 - SUBJECT
2.1 These General Terms and Conditions govern the Contract between Mosaic and the Consumer Customer for the remote sale of the Products offered by the Company on the Website, and are drafted in accordance with the provisions of the Consumer Code.
ART. 3 - FORMATION OF THE CONTRACT
3.1 The Consumer Customer may choose whether to purchase the Products (and thus proceed to finalize the Contract) either through an Account, which requires creating a personal reserved area, or as a Guest.
3.2 The Contract between the Consumer Customer and the Company will be concluded by the Consumer Customer completing 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 information in the fields marked as mandatory, then choose a payment method from those available.
3.4 Before completing the Order Procedure, the Consumer Customer can review the Order summary and the total amount due, including shipping costs.
3.5 To complete the Order Procedure, the Consumer Customer must make payment using the methods expressly provided on the Website.
3.6 After payment by the Consumer Customer and the subsequent submission of the Order, Mosaic will send the Order Confirmation via email to the email address previously provided by the Consumer Customer.
3.7 The Contract will be concluded only upon the Company’s sending of the Order Confirmation, which will occur after receipt of payment.
3.8 Mosaic reserves the right not to confirm the Order for any reason, notifying the Consumer Customer via email and refunding any amount already paid.
3.9 Once the Order has been placed and the Order Confirmation received from Creative Cables, the Order cannot be canceled or modified. The Consumer Customer retains the right to exercise the right of withdrawal, where applicable, under the terms and conditions provided.
ART. 4 - PRICES
4.1 The prices of the Products, shown in local currency, are indicated on the Website and include VAT.
4.2 Shipping costs are calculated in the summary section during the Order Procedure.
4.3 Mosaic reserves the right to change the price of the Products and/or shipping costs at any time; the new prices will be promptly displayed on the Website, and for the Consumer Customer, the amount specified there at the end of the Order Procedure will apply. It is understood that, even in the event of a price change, the Consumer Customer, in case of a refund, will be entitled to the return of the actual amount paid.
ART. 5 - SHIPPING AND DELIVERY OF PRODUCTS
5.1 Shipping costs may vary depending on the delivery location; in any case, after the Consumer Customer fills in the "Address" fields during the Order Procedure, the relevant amount will appear in the summary section.
5.2 Following the Order Confirmation and in any case no later than 3 (three) business days, Mosaic may notify 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 refund the unavailable Product; if temporary, Mosaic will inform the Consumer Customer of the estimated time for new availability, and the Consumer Customer will have the option to cancel the individual Product and be refunded the related amount paid.
5.3 Product delivery will be carried out by 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 according to the type of delivery service.
5.4 Any delivery times indicated 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 delivery document. If the packaging is clearly damaged, the Consumer Customer must accept the Product "with reservation," describing the condition on the delivery receipt copy, specifying the issue found, and taking photographs before opening the package as evidence of the defect.
5.6 The Consumer Customer is required to report damaged Product conditions, due to transport, to Mosaic within no more than 2 (two) business days from receipt of the Products by email, attaching the photographs taken of the packaging and damaged Products.
ART. 6 - RIGHT OF WITHDRAWAL
6.1 The Consumer Customer has the right to exercise the right of withdrawal, pursuant to Articles 52 et seq. of the Consumer Code, for all Products purchased on the Site, except for 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 customized.
6.2 In cases other than the exception mentioned above, the Consumer Customer may withdraw from the Contract, for any reason and without having to provide any justification, within 14 (fourteen) days from the date on which the Consumer Customer—or a third party designated by them to receive the Products—takes physical possession of the Products.
6.3 To exercise the right of withdrawal, the Consumer Customer, within the period referred to in art. 6.2, must inform Mosaic of their decision to withdraw from the Contract by means of:
a) filling out a return request within the reserved area. In the "My Account" page there is a section called “My Return Requests”; simply click “Add New Request” and then enter the order reference (which, if needed, can be found in the “My Orders” section).
b) using the link and subsequent guided procedure available on the Site in the “RETURNS AND REFUNDS” section;
c) by any other explicit statement of their decision to withdraw from the Contract.
6.4 In the event that the Consumer Customer exercises the right of withdrawal, Mosaic will refund the full amount received from the Consumer Customer, including delivery costs, within 14 (fourteen) days from the day the Company is informed of the exercise of the right of withdrawal; however, Mosaic reserves the right to withhold the refund until it has received the Products, or until the Consumer Customer has provided proof of having sent them back, whichever occurs first.
6.5 The amount to be refunded to the Consumer Customer will in any case be reduced by the cost of returning the Products (managed and organized by Mosaic), which, pursuant to Article 57 of the Consumer Code, remains the responsibility of the Consumer Customer.
6.6 Mosaic will issue the refund using the same payment method used by the Consumer Customer for the initial transaction.
6.7 The Consumer Customer must return the Products without undue delay and in any case within 14 (fourteen) days from the date on which they notified Mosaic of their decision to withdraw from the Contract; the deadline is considered met if the Consumer Customer sends the Product back before the end of the aforementioned period.
ART. 7 - LEGAL WARRANTY OF CONFORMITY
7.1 The Products are covered by the legal warranty of conformity pursuant to Articles 128 et seq. of the Consumer Code.
7.2 Therefore, Mosaic is liable to the Consumer Customer for any lack of conformity existing at the time of delivery of the Product and that appears within 2 (two) years from that moment.
7.3 In the event of a lack of conformity of the Product, the Consumer Customer shall be entitled, alternatively, either to restoration of conformity, to receive a proportional reduction in price, or to termination of the Contract.
7.4 For the purpose of restoring conformity of the Product, 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 opt for a proportional price reduction or termination of the contract in the cases provided for by Article 135bis of the Consumer Code.
ART. 8 - OBLIGATIONS OF THE CONSUMER CUSTOMER
8.1 The Consumer Customer is required to carefully read these General Terms and Conditions before entering into the Contract, and to keep a copy of them.
8.2 The Consumer Customer must provide true, accurate, and complete information and/or data.
8.3 By completing the Order Procedure, the Consumer Customer expressly declares that they are of legal age and have full legal capacity.
8.4 The Consumer Customer agrees to carefully read the document containing the technical instructions and specific characteristics of the Products, and to use them solely in accordance with 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 Mosaic harmless from any adverse consequences, liability, damage and/or costs incurred by the Company as a result of a failure to comply with the obligations assumed by the Consumer Customer by accepting these General Terms and Conditions, including with respect to third parties.
ART. 9 - LIMITATIONS OF LIABILITY
9.1 Also pursuant to the previous article and within the limits of the law, Article 1229 of the Civil Code, and the Consumer Code, Mosaic shall not be held liable:
a) for any direct, indirect, special, incidental, and/or consequential damages arising from improper use, failure to use, and/or inability to use the Products;
b) for any damage, cost, and/or loss suffered by the Consumer Customer due to delays in the delivery of the Products.
ART. 10 - FORCE MAJEURE
10.1 Mosaic shall be exempt from liability if it is proven that the delayed or failed performance of its obligations is due to force majeure or unforeseeable circumstances (including, by way of example but not limited to: failures of telecommunications and public utility services, power outages, shortages of raw materials, strikes and/or lockouts, measures by Public Authorities, restrictions on movement and/or production activities, epidemics, pandemics, natural disasters of any kind, as well as any other cause beyond its control).
10.2 In the event of force majeure or unforeseeable circumstances, within the limits of applicable law, Mosaic shall also have the right to terminate the Contract, or to suspend and/or postpone its performance.
ART. 11 – GENERAL INFORMATION TO THE CONSUMER
11.1 The Consumer Customer declares that they have read the General Information provided by Mosaic to the Consumer, available on the Website.
ART. 12 - PROCESSING OF PERSONAL DATA
12.1 The personal data provided by the Consumer Customer during the Order Procedure and/or in the course of purchase operations will be processed in accordance with the legislation on personal data protection, in particular Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR) and Legislative Decree no. 196 of June 30, 2003, as last amended by Legislative Decree 101/2018.
ART. 13 - INTELLECTUAL PROPERTY
13.1 The intellectual property rights relating to the Website, the trademarks present therein, as well as any works of authorship, distinctive signs and/or names, images and/or logos, including those possibly shown on the Products, are the exclusive property of Mosaic and/or its licensors. 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 Terms and Conditions, the Contract, and the resulting legal relationships are governed exclusively by Italian law.
14.2 The General Terms and Conditions are drafted in Italian; in case of translation into other languages, the Italian version is the only one that is valid and binding between the Parties for purposes of interpretation.
14.3 Any disputes that may arise between the Parties regarding the validity, interpretation, and/or execution of the Contract shall be subject to Italian jurisdiction.
14.4 Any dispute between the Parties shall be submitted to the court of the Consumer Customer’s place of residence or domicile, if located within the territory of the Italian State.
ART. 15 - FINAL PROVISIONS
15.1 Under no circumstances shall any behavior by the Consumer Customer that differs from these General Terms and Conditions be considered as a waiver of or exception to these terms, nor as tacit acceptance by Mosaic, even if not expressly challenged by the Company.
15.2 If any provision or article of these General Terms and Conditions is found to be ineffective or invalid, such invalidity shall not affect the validity and effectiveness of the remaining provisions, which shall remain in full force and effect.
15.3 For any matters not expressly covered by these General Terms and Conditions, reference shall be made to the provisions of the Civil Code and the Consumer Code.
Pursuant to Articles 1341 and 1342 of the Civil Code, the Consumer Customer, after having carefully and specifically reviewed the contents, expressly accepts the following articles: ART. 3 – FORMATION OF THE CONTRACT; ART. 4 – PRICES; ART. 5 – SHIPPING AND DELIVERY OF PRODUCTS; ART. 8 – OBLIGATIONS OF THE CONSUMER CUSTOMER; ART. 9 – LIMITATIONS OF LIABILITY; ART. 10 – FORCE MAJEURE.
