Conditions of sale

Art. 1 - General provisions

1.1. These general online sales conditions govern purchases of products multi-brand carried out by any natural person qualifying as a consumer (the "Customer"), i.e. person physical entity that concludes a purchase contract for the satisfaction of extraneous needs of daily life to entrepreneurial or professional activity (in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005) on the e-commerce site TheMooder.com (hereinafter also “Site” or The Mooder) owned by:

COSMA GROUP Srl with headquarters in Viale San Francesco, 25 – 38066 – Riva Del Garda (TN)
REA TN 223483 – VAT number and tax code: 02423810221
Tel. 0464 552393 – info@themooder.com

1.2 . Before proceeding with the purchase of products on TheMooder.com, the User is required to consult these General Conditions of Sale, which in case of purchase are considered accepted.

Users who access this site declare that they accept that all matters relating to the use of the TheMooder.com website are governed by the current legislation of the Italian State.

1.3. Cosma Group Srl does not guarantee in any way that the content of the site complies with the regulations in force in other countries.

Access to the Site from places where its contents are considered illegal is expressly prohibited.

Users who decide to access the site from such countries are fully aware of the legal consequences and of the sanctions they risk incurring and will be solely responsible for complying with local laws.

Art. 2 - Object of the contract

2.1 The Products are sold with the characteristics described on the Site and according to the general conditions of sale published at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
The essential characteristics of the Products are presented on the Site within each product sheet.
The images and colors of the products offered for sale on the Site may, however, change slightly and/or not correspond exactly to the real ones due to the internet browser and monitor used.
We therefore decline any responsibility for the possibility that, due to a particular configuration of the computer used by the customer or its malfunction, the colors of the products displayed on the site present slight differences compared to the original ones.

The images contained on the Site are the property of Cosma Group Srl. Any use of such images not authorized by written consent from Cosma Group Srl will be prosecuted in accordance with the law.

2.2. The prices of the Products on sale on the Site, and/or their characteristics, include VAT and may be subject to variations. These changes are valid only for orders not yet confirmed on the date of the change.

2.3. The availability of the products indicated on the Site refers to the actual availability at the time the Customer places the order. This availability must however be considered indicative because, due to the simultaneous presence on the Site of multiple users, the products could be sold to other Customers before the order is confirmed.

Where the products covered by the order are not available, the order will be automatically adjusted with the elimination of the unavailable product, the Customer will be notified via email and refunded of any sum paid to TheMooder.com.

2.4. During the purchase process it is possible to request the issuing of an invoice. To issue this document it is necessary to enter an Italian billing address complete with tax data.
If the invoice is not requested when placing the order, it cannot under any circumstances be requested at a later time.

Art. 3 - Completion of the contract and payments

3.1 . Once the desired Products have been identified, the Customer can add them to the cart and proceed with the purchase.

To place an order, the Customer must follow the guided online purchasing process and click on "Place order" button.
Subsequently, once payment has been made, the Customer will receive confirmation of receipt of the order via e-mail.

The e-mail contains the Customer's data, the order number, the price of the goods purchased, the costs of shipping and the delivery address to which the goods will be sent.

3.2 . For payments, TheMooder.com uses the Stripe platform which accepts all payments major credit and debit cards of customers from all over the world (Visa / Mastercard / American Express) and all main electronic wallets (Alipay, Apple Pay, Google Pay, Microsoft Pay etc.).

Stripe is an external online payment platform that allows you to make card payments rechargeable, credit card, debit card etc..

It's a safe and fast solution: payments are processed practically instantly. You don't need to create a Stripe account (although recommended): all you need is a credit, debit or reloadable card valid Visa, Mastercard or American Express.

Stripe supports 3D Secure for every payment and meets the most stringent security requirements online.

Stripe is certified as a PCI Level 1 compliant service provider.

For each transaction carried out using this method, a confirmation email will be sent by Stripe.

The amount of the order is debited from the current account connected to the credit card at the time of placing order confirmation.

Stripe prevents fraudulent activity by detecting any suspicious activity and also works with Global Partners Networks and Credit Card Networks to monitor fraudulent activity.

The Customer may use the currency of the country in which he resides. The availability of other currencies depends on where you are find the current account connected to the credit/debit card.

In case of cancellation, the amount will be refunded to the current account connected to the Customer's credit card.

TheMooder.com assumes no responsibility for disputes relating to purchases. All disputes they are managed directly by Stripe.
Learn more about how Stripe handles disputes: https://stripe.com/help/disputes . To learn more about Stripe, visit www.stripe.com

3.3. All transactions are processed via a secure server, guaranteeing TheMooder.com customers the maximum data protection .
TheMooder.com Customer Service operators are in no way authorized to request or accept credit card numbers and/or card validity details.

In order to guarantee greater protection on purchases made in e-commerce, TheMooder.com requires 3D authentication for all transactions made with credit/debit/prepaid cards secure. Thanks to the Verified By Visa or Mastercard Securecode services, the customer is asked for a PIN security code to confirm the transaction. The PIN is sent via SMS or via the bank app where the current account is located.
For more information please visit www.visa.com or www.mastercard.com

3.4 . TheMooder.com reserves the right to ask the customer for additional information or to send copies of documents that demonstrate ownership of the card used. In case the customer does not provide these information TheMooder.com reserves the right not to accept the purchase order.

3.5. It is possible to pay with:

  • Credit card
  • Bank transfer
  • Paypal
  • Cash on delivery (on request, by writing to customercare@themooder.com): additional cost of €5.00

For all details on payment methods we recommend visiting the "Payments" section of TheMooder.com

Art. 4 - Shipments, times and costs

4.1. Orders are processed and shipped within the next business day following the order. Orders arriving after 1pm on Friday are shipped the following Monday.

TheMooder.com reserves the right to delay shipping if the order cannot be shipped for reasons of force majeure, for reasons related to transaction verification times or for organizational reasons.

Please note that during SALES or specific periods of the year (such as Black Friday), There may be small delays in shipments.

Finally, it is underlined that the goods will be ready for shipment only after receipt of payment.

4.2 . Delivery times and shipping costs are defined as per the following table:

NB: Delivery times may in some cases be delayed for reasons not attributable to TheMooder.com
Customer Care is fully available in case of delays or doubts on the part of the Customer.

NATION

SHIPPING TYPE

SHIPPING COST
Italy (EXCLUDING Venice, Livigno and smaller islands) STANDARD (1-2 days) Free for orders over €100
€5.00 for orders of less than €100.00
EXPRESS (1 day for orders received by 12.00) €5.00 for orders over €100.00
€9.90 for orders of less than €100.00
Italy: Venice and smaller islands STANDARD (2-3 days) €9.00
EXPRESS (1-2 days for orders received by 12.00) €12.00
Italy: Livigno STANDARD (2 days) €40.00
Austria, Belgium, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Luxembourg, Netherlands, Portugal, Monaco, Spain, Sweden ECONOMY (4-7 days) €12.00
EXPRESS (1-3 days) DHL / UPS €19.00
Bulgaria, Estonia, United Kingdom, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Hungary, Czech Republic ECONOMY (4-7 days) €14.00
EXPRESS (1-3 days) DHL / UPS €19.00
Cyprus, Malta EXPRESS (1-3 days) DHL / UPS €19.00
Albania, Bosnia and Herzegovina, Gibraltar, Iceland, Faroe Islands, Macedonia, Moldova, Montenegro, Serbia, Türkiye, Ukraine EXPRESS (1-3 days) DHL / UPS €29.00
Andorra, Liechtenstein, Norway, Switzerland ECONOMY (4-7 days) €14.00
EXPRESS (1-3 days) DHL / UPS €29.00
United States and Canada EXPRESS (2-3 days) DHL / UPS €29.00
China, Hong Kong EXPRESS (2-4 days) DHL / UPS €45.00
Russia and the rest of the world EXPRESS (4-7 days) DHL / UPS €50.00

4.3 . The Customer may request insured shipping at an additional cost of €4.00.

4.4. Shipments outside the European Union are exempt from VAT but may incur a possible payment of customs duties and import taxes different for each country, which are exclusively a charged to the Customer.
TheMooder.com will not be responsible for taxes or customs duties for shipments outside the EU.
For further information you can contact customer service at customercare@themooder.com or consult the "Shipping and returns" section of the Site.

Art.5 - Right of withdrawal

5.1. In accordance with the provisions in force, if the Customer is not satisfied with his purchase, unworn items can be returned using the right of withdrawal, with consequent refund of payments received from TheMooder.com, excluding any shipping costs for delivery. The Customer, as an alternative to the refund, can also opt for a size change (subject to checking the availability of the goods) or for the store credit (purchase voucher with a 6-month expiry date).

The right of withdrawal must be exercised no later than 14 (fourteen) days from the delivery date of the order by communicating it via email to customercare@themooder.com .

The return must then be shipped within and no later than the following 14 days strictly via courier indicated in the return authorization. The costs of returning the goods are borne by the customer.

The right of withdrawal for contracts concluded on the TheMooder.com website is excluded in accordance with the art. 59 Code of Consumer Affairs in relation to the supply of tailor-made or clearly personalized goods.

5.2.

  • The items must not have been worn, washed or altered and must not show any signs of use.
  • The soles of the shoes must be in perfect condition and have no marks of any kind.
  • Each item must be returned including all original labels, packaging and accessories received together with the order and which must not have been damaged and/or altered in any way, nor used as single outer packaging.

5.3. In the event that the customer receives defective goods , or that errors occur in shipments by TheMooder.com, the customer is invited to promptly notify via email to customercare@themooder.com .

TheMooder.com reserves the right to request photographic evidence before authorizing returns for defective goods and bear the shipping costs for returning the goods to your company stores.

5.4 .

  • The Mooder reserves the right to refuse unauthorized returns or returns shipped with couriers other than that one indicated in the email with return instructions.
  • The Mooder will not accept returned goods if the return does not comply with all terms and conditions provided for by the return policy.

    In these cases the goods will be returned to the sender at the original shipping address, charging the Shipping fees.

5.5. In the case of goods ordered, sent by courier and not collected by the customer (at the moment of delivery) for any reason unrelated to TheMooder.com, €15.00 will be charged as a refund of shipping costs.

5.6 . For further details, please refer to the " Replacement and Returns " section of TheMooder.com.

Art.6 - Privacy and data processing

6.1 . The Customer's data are processed in accordance with the provisions of the legislation in regarding the protection of personal data, as specified in the specific " Privacy Policy " page located on TheMooder.com, containing the Privacy Policy, pursuant to art. 13 Legislative Decree 30 June 2003 and art. 13 of EU Regulation 2016/679.

Art.7 – Disclaimer of liability

7.1.

  • Cosma Group Srl publishes information on its website in order to provide a service to its customers, however, it declines any responsibility for the possibility of any technical or factual inaccuracies and/or typographical errors for which immediate correction is expected following a report.
  • Cosma Group Srl also reserves the right to make corrections and changes to the site at any time deems it necessary without giving notice.
  • Cosma Group Srl does not offer any guarantee on the conformity of the information published on its site to the laws established by the jurisdiction of the customer's country of residence.
  • Cosma Group Srl declines any responsibility relating to any problems, damages or risks that the user may encounter while using the site.
  • Cosma Group Srl declines any responsibility for any malfunctions related to the deactivation of cookies in the user's browser.
  • Cosma Group Srl reserves the right to rectify/review the terms and conditions contained in this legal note, through an update thereof, whenever deemed appropriate, without any obligation to give notice.
  • The user must comply with the terms contained in this legal notice, periodically checking any updates, changes and corrections.

Art. 8 - Applicable law and competent court

8.1. These General Conditions of Sale are subject to Italian law. In any case, they will be safe any rights attributed to Consumers by mandatory provisions of law in force in the State of this last.

Any dispute that cannot find an amicable solution will be subject to the non-exclusive jurisdiction of the Court of Padua.

Since the Customer is the final Consumer, any disputes must be resolved by the Court of place of domicile or residence of the same according to the applicable law.

8.2. Furthermore, as a Consumer, the Customer also has the right to appeal to the courts of the Member State of the European Union of residence or domicile.


8.3. Ex article 14 of EU Regulation no. 524/2013 and resolution on ODR referred to in Statutory Instrument no. 500/2015 in force since 15 February 2016, we inform you that the Consumer can also optionally resort to the mediation procedures referred to in Legislative Decree 28/2010 for the resolution of any disputes that may arise in the interpretation and execution of these conditions of sale, by accessing the following portal: https://webgate.ec.europa.eu/odr.