The Buyer expressly declares that they are making the purchase for purposes unrelated to the commercial or professional activity carried out.
Identification of the Supplier.
The goods subject to these general conditions are sold under the brand name Morph Modular by Taste Roots Società Cooperativa, set in Cori (LT – Italy), via Pietrapinta, 31, VAT: 02942340593, n. REA: LT – 211578, Tel.(+39) 3738110267, email address: email@example.com , hereinafter referred to as the ‘Supplier’.
- The term ‘pre-order contract’ refers to the pre-order contract concerning tangible movable goods (identified by the Morph Modular brand) produced upon the Buyer’s order and offered by the Supplier. This contract is entered into between the Supplier and the Buyer within the framework of a distance selling system through telematic tools organized by the Supplier.
- The term ‘Buyer’ refers to the natural person who takes the necessary steps to pre-order the product under this contract for purposes not related to any commercial or professional activity they may potentially undertake.
- The term ‘Supplier’ refers to the entity indicated in the heading, namely the company Taste Roots, in the sense of a ‘professional’ as defined by EU and Italian legislation.
- With this pre-order contract, the Supplier sells and the Buyer purchases tangible movable goods through telematic tools, as indicated and offered for sale on the website www.morphmodular.com or promoted in promotional events by the same.
- The products referred to in the previous point are presented on the digital channels of Morph Modular, managed and related to Taste Roots Società Cooperativa and/or on channels associated with the Morph Modular brand, also managed by Taste Roots Società Cooperativa, or presented in promotional events by qualified personnel promoting Morph Modular products.
- The main characteristics of the goods for sale are described on the respective reference page or by personnel in promotional events and are also available upon request through digital means (e.g., email).
CONTRACT FORMATION PROCEDURE
The contract between the Supplier and the Buyer is concluded through the acceptance of the conditions outlined in the following articles, and in any case by following the indicated procedures, the Buyer will arrive at formalizing the proposal for the purchase of the goods referred to in point 1 of the previous article.
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
- This contract is, in all respects, a pre-order contract, which is finalized by correctly filling out the request form and expressing consent to purchase by digitally submitting the same form, containing personal information, shipping and billing details, and the subsequent submission of the form, always after viewing the order summary containing the buyer’s details and order, the price of the purchased item, shipping costs, any additional charges, payment methods and terms, the delivery address, delivery times, and the right of withdrawal.
- When the Supplier receives the order from the Buyer, they will send a confirmation email or display a printable confirmation and order summary web page, which will also contain the information referred to in the previous point.
- The contract is not considered perfected and effective between the parties without the above-mentioned steps.
PAYMENT AND REFUND METHODS
- The Buyer may only make payments using one of the methods indicated by the Supplier.
- In accordance with consumer law (Article 59), the Supplier does not offer any withdrawal and refund for pre-orders. Indeed, the pre-order contract for Morph Modular branded products is personalized and connected to the customization of the products themselves, and therefore, they cannot be resold if withdrawal were allowed.
- The Supplier will not refund any additional costs, such as those arising from a delivery method chosen by the Buyer that is different and more expensive than the standard one offered.
- Any storage or return costs to the Supplier due to the unavailability of the Buyer or incorrect communication of shipping details will be charged to the Buyer.
- All communications related to payments take place on a dedicated line of the Supplier protected by encryption; the Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the current regulations on the protection of personal data, including the relevant Code (Legislative Decree 196/2003) and EU Regulation 2016/679 (GDPR).
DELIVERY TIMES AND METHODS
- The Supplier will arrange for the delivery of the selected and ordered products, using the methods chosen by the Buyer or indicated on the website at the time of offering the goods, as confirmed in the email mentioned in Article 4, point 2.
- The shipping times are closely related to the production times of the product. Indeed, given the nature of customized production, shipping times may vary between 90 and 100 days from confirmation. In the event that the Supplier is unable to ship within this period but still within the timeframe mentioned in the following point, timely notice will be given to the Buyer via email.
- In any case, the Supplier undertakes to deliver the products within 130 days from the finalization of the pre-order contract.
- In the event that the Supplier does not deliver within the maximum period of 130 days, the Buyer invites them to make the delivery within an appropriate additional period, taking into account the circumstances, provided that the Buyer still wishes to receive the item despite the mentioned delay. It is understood that if the delivery time is considered essential by the Buyer, meaning that a delivery after that time is useless to them, they shall have the exceptional right to a refund of the amount paid.
- The risk of any loss or damage to the goods transfers to the Buyer upon delivery; however, if the Buyer personally chooses a carrier not proposed by the Supplier, the aforementioned risk transfers to the Buyer at the time of shipment of the goods (i.e., when the goods become available to the carrier chosen by the Buyer).
- Shipping methods, times, and costs are clearly indicated and highlighted at the following web address: https://www.morphmodular.com/terms-and-conditions and are also included in this sales contract.
- The Buyer may file a complaint with the Supplier in accordance with the subsequent Article 17 if they believe that the Supplier has failed to meet the obligations mentioned above.
- All sales prices of the products displayed and indicated on the website www.morphmodular.com are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
- The sales prices include VAT and any other applicable taxes. Shipping costs and any additional charges, if applicable, although not included in the purchase price, will be indicated and calculated during the purchase process before the Buyer places the order and will also be included in the summary email sent to the customer after the purchase.
- The prices indicated for each of the goods offered to the public are valid until the date indicated on the page mentioned in this Article, paragraph 1.
- The Supplier ensures, through the telematic system used, the processing and fulfillment of orders without delay. To this end, the Supplier indicates in real-time on their website any unavailability or the closing of the pre-order period.
- If the pre-order encounters a shortage of raw materials, the Supplier will inform the Buyer via email whether the item is no longer available for pre-order or provide information on the waiting times for the chosen item without charging the Buyer any costs.
- The Supplier’s computer system confirms the registration of the pre-order as soon as possible by sending the user an email confirmation, as per Article 4, point 2.
LIMITATION OF LIABILITY
- The Supplier shall not be liable for any service disruptions attributable to force majeure that prevent them from executing the order within the timeframes specified in the contract.
- The Supplier cannot be held liable to the Buyer, except in cases of fraud or gross negligence, for service disruptions or malfunctions related to the use of the internet network beyond their control or that of their sub-suppliers.
- The Supplier shall also not be liable for any damages, losses, or costs incurred by the Buyer due to the non-execution of the contract for reasons not attributable to the Supplier. In such cases, the Buyer is entitled only to a full refund of the price paid and any additional charges as specified in Article 6, paragraphs 4 and 5 of this contract.
- The Supplier assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, and other payment methods when purchasing the products, provided that the Supplier has taken all possible precautions in accordance with the best science and experience of the moment and with due diligence.
- Under no circumstances shall the Buyer be held responsible for delays or errors in payment if they can demonstrate that they have made the payment in accordance with the times and methods indicated by the Supplier.
LIABILITY FOR DEFECTS, PROOF OF DAMAGE, AND COMPENSABLE DAMAGES: SUPPLIER’S OBLIGATIONS
- The Supplier is liable for damage caused by any defects in the goods sold if they fail to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or the person who supplied the goods.
- The injured party must make this request in writing and provide details of the product that caused the damage, its serial number (as indicated on the label attached to the product), the date of receipt of the pre-order confirmation, and photographic and textual documentation of the damage. It must also include an offer to inspect the product if it still exists.
- Liability is excluded in the following cases:
– If the manufacturer did not place the product on the market.
– If the defect that caused the damage did not exist when the manufacturer placed the product on the market.
– If the manufacturer did not manufacture the product for sale or for any other form of paid distribution, nor did they manufacture or distribute it in the course of their professional activity.
– If the defect is due to the product’s compliance with a mandatory legal standard or a binding measure.
– If the state of scientific and technical knowledge at the time when the manufacturer placed the product on the market did not allow the product to be considered defective.
– In the case of a manufacturer or supplier of a component part or raw material, if the defect is entirely due to the design of the product in which the part or raw material was incorporated or to the conformity of the part or raw material with the instructions given by the manufacturer who used it.
- No compensation shall be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless exposed themselves to it voluntarily.
- In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
- The injured party may request compensation for damages caused by death or personal injury or the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is primarily used by the injured party.
WARRANTIES AND ASSISTANCE PROCEDURES
- The Supplier is responsible for any lack of conformity that becomes apparent within a period of two years from the delivery of the goods.
- For the purposes of this contract, consumer goods are presumed to conform to the contract if, where relevant, the following circumstances coexist: a) they are fit for the purpose for which goods of the same type are normally used; b) they comply with the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) they have the usual quality and performance of goods of the same type that the consumer can reasonably expect, taking into account the nature of the goods and, if applicable, the public statements on specific characteristics of the goods made by the seller, the manufacturer, or their agent or representative, particularly in advertising or labeling; d) they are also suitable for any particular use required by the consumer and brought to the seller’s attention at the time of conclusion of the contract and which the seller has accepted, even by conduct.
- There is no lack of conformity if, at the time the contract was concluded, the consumer was aware of the defect or could not have been unaware of it with ordinary diligence, or if the defect derives from instructions or materials provided by the consumer.
- The Buyer loses their rights if they do not report the lack of conformity to the seller within two months from the date on which the defect was discovered. Notice is not required if the seller has acknowledged the existence of the defect or concealed it.
- In any case, unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within three months of delivery of the goods already existed at that time, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
- In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions set out below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the resolution of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier in accordance with Article 130, paragraph 4, of the Consumer Code.
- The request must be made in writing, by registered mail or email with proof of receipt, to the Supplier, who will indicate their readiness to process the request or the reasons that prevent them from doing so, within seven working days of receipt. In the same communication, if the Supplier accepts the Buyer’s request, they shall indicate the methods of shipping or returning the defective goods as well as the estimated timeframe for returning or replacing the defective goods.
- If repair and replacement are impossible or excessively costly, or if the Supplier has not carried out the repair or replacement of the goods or, finally, if the replacement or repair previously carried out has caused significant inconvenience to the Buyer, they may request, at their choice, a reasonable price reduction or the resolution of the contract. In such cases, the Buyer must submit their request to the Supplier, who will indicate their readiness to process it or the reasons that prevent them from doing so, within seven working days of receipt.
- In the same communication, if the Supplier accepts the Buyer’s request, they shall indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the responsibility of the Buyer to indicate the methods for refunding the sums previously paid to the Supplier.
- A minor lack of conformity for which it has not been possible or is excessively burdensome to implement repair or replacement remedies does not entitle the Buyer to terminate the contract.
- In order to ensure transparency and document the integrity of the product before shipment, the Supplier undertakes to document the integrity of the product bearing the Morph Modular trademark made to order. This multimedia documentation will be made available to the Buyer and will include evidence of the uniqueness of the product, identified by lot and serial number, as well as complete documentation of the product’s condition, accompanied by an explanation from qualified personnel from Taste Roots Società Cooperativa, responsible for explaining Morph Modular branded products.
- The Buyer declares that they have the necessary legal capacity to enter into a contract that is legally binding between the parties and that the information provided at the time of the order is accurate and sufficient to enable the Supplier to fulfill it.
- The Buyer agrees to pay the price of the purchased goods within the timeframes and using the methods indicated in these sales conditions and in the order summary pages.
- The Buyer is aware that the Supplier, at the conclusion of the online purchase procedure, allows them to save the page that contains the order details, as well as to print it, and therefore to keep it on a durable medium.
- In the event of the exercise of the exceptional right of withdrawal, the Buyer returns the goods to the Supplier or delivers them to a third party authorized by them within 14 days from the withdrawal; the deadline is met if the Buyer returns the goods to the Supplier within that period.
The direct cost of returning the goods is borne by the Buyer, both for a withdrawal and for sending them for warranty service (as indicated in Article 11).
- The information contained in these conditions has already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before confirming the purchase.
RIGHT OF WITHDRAWAL
- Given the nature of the product, as mentioned in Article 5, paragraph 2, and in accordance with Article 59, letter c) of the Consumer Code, the Supplier does not offer the Buyer the right of withdrawal, as the product is custom-made based on the choices of the end customer, who, by signing this pre-sale contract, initiates the custom production process. The same product, in order to be uniquely linked to the acquiring customer who commissions the customization, is identified by a lot and serial number placed on/in the product. Withdrawal is allowed exceptionally only if the conditions set out in Article 6, paragraph 4, are met.
The obligations of the Buyer under Article 12, as well as the guarantee of successful payment made by the Buyer using the methods mentioned in Article 5, and also the proper fulfillment of the obligations assumed by the Supplier under Article 6, are essential. Therefore, by express agreement, the non-fulfillment of only one of these obligations, unless caused by force majeure, will result in the automatic termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a court decision.
PROTECTION OF PRIVACY AND TREATMENT OF BUYER’S DATA
- The Supplier protects the privacy of its customers and ensures that data processing complies with the privacy regulations set forth in Legislative Decree no. 196 of June 30, 2003, as well as EU Regulation 2016/679.
- Personal identification and tax data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, electronic, and telematic formats, in relation to the methods of processing, for the purpose of recording the order and activating the procedures for executing this contract and the necessary communications related to it, as well as to fulfill any legal obligations, and to enable effective management of commercial relationships to the extent necessary to best perform the requested service.
- The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law.
- Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out activities necessary for the execution of the contract and communicated exclusively for this purpose.
- The Buyer has the following rights:
a) updating, rectification, or, when interested, integration of data;
b) the deletion, transformation into anonymous form, or blocking of data processed unlawfully, including data that do not need to be stored for the purposes for which the data were collected or subsequently processed;
c) certification that the operations as per letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or disseminated, except in the case where this requirement proves impossible or involves a manifestly disproportionate effort compared to the protected right. The data subject also has the right to object, in whole or in part:
i) for legitimate reasons, to the processing of personal data concerning them, even if pertinent to the purpose of the collection;
ii) to the processing of personal data concerning them for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
- The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of the purchase contract. In the absence of this, it cannot be given course to the Buyer’s request.
- In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which the data were collected or subsequently processed. Their removal will take place securely.
- The data controller for data collection and processing on behalf of the Supplier, to whom the Buyer may address any requests at the company’s registered office, is the legal representative of Taste Roots Soc. Coop., acting as the data processor.
- Everything that arrives at the Supplier’s address (also electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information, must not violate the rights of others, and must contain valid, non-infringing, and truthful information. In any case, the Supplier cannot be held responsible for the content of such messages.
METHOD OF CONTRACT STORAGE
The Supplier informs and, at the same time, guarantees the Buyer that every order sent is stored digitally/paper-based on the server/at the Supplier’s premises according to criteria of confidentiality and security.
COMMUNICATIONS AND COMPLAINTS
- Written communications addressed to the Supplier and any complaints will be deemed valid only if sent to the following address by registered mail with return receipt requested: Via Pietrapinta, 31 – 04010, Cori (LT) or certified email to the address firstname.lastname@example.org, or by email to the address email@example.com. The Buyer must indicate in the registration form their residence or elected domicile, telephone number, or email address to which the Supplier’s communications should be sent.
- The Supplier undertakes to treat the complaints received with the utmost seriousness and promptness and to respond promptly to them.
- Any disputes between the supplier and the consumer may be referred to authorized mediation bodies in order to allow an out-of-court settlement of the dispute.
Pursuant to Article 14 of EU Regulation 524/2013, the buyer can, for example, submit a complaint through the European Union’s ODR platform (link: http://ec.europa.eu/consumers/odr/). The buyer’s right to contact another mediation body is also preserved.
- If the parties intend to bring the matter before the ordinary judicial authority, the competent court is that of the place of residence or elected domicile of the buyer if located in Italian territory. Otherwise, the territorial jurisdiction is that of the court of Latina.
- In the case of a buyer who does not fall within the definition of a consumer, the parties agree to elect the exclusive jurisdiction of the court of Latina.
APPLICABLE LAW AND REFERENCE
- This contract is governed by Italian law, as well as by EU regulations, and in particular, respectively, by Legislative Decree 206/2005 (“Consumer Code”) and Directive 2011/83/EU (on consumer rights), as well as by Legislative Decree 70/2003, enacted in implementation of Directive 2001/31/EC on electronic commerce.
- For what is not expressly provided for here, the applicable statutory rules apply to the relationships and cases envisaged in this contract, and in particular, Article 5 of the 1980 Rome Convention.
- Pursuant to Article 60 of Legislative Decree 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to here.
Pursuant to Article 1341 of the Civil Code, the buyer declares to have read and accepted the following articles of these general conditions: Article 5, Article 6, Article 9, Article 12, Article 13, and Article 19.