CONDITIONS OF SALE
These General Contract Conditions govern the online sale of the products offered by the website www.j-momo.it
J-MOMO is a trademark owned by the company J.Momo Italia srls with legal and operational headquarters in Piazza S. Di Giacomo, 130 – 80123 Naples IT, VAT number and Tax Code. 0838 0091218 registered at the Chamber of Commerce of Naples REA NA-953273 – mail ciao@j-momo.it, pec j.momoitaliasrls@pec.it
Art. 1 Conclusion of the contract
1.1 Orders are to be understood subject to acceptance by J.Momo Italia srls. Correct receipt of the order is confirmed by J.Momo Italia srls by means of an email reply sent to the email address supplied by the Customer after receiving the automatic order proposal. This confirmation message contains the order number, order date, billing data and recipient of the goods, details and prices including VAT of the ordered goods, transport service and additional services, payment methods, J.Momo Italia srls data , notes and warnings to the customer. Once the order has been received from the Customer and the payment has been verified, J.Momo Italia srls will proceed to start the phases relating to the production / shipment of the goods.
1.2 The offer of the products presented on the site is subject to their actual availability. In case of unavailability of one or more products, J.Momo Italia srls will communicate to the Customer by telephone or by e-mail, the variations with respect to the order received.
1.3 All the prices of the items offered by the website www.j-momo.it are VAT excluded, expressed in euros and refer exclusively to purchases made via the Internet, net of transport, assembly and installation costs. J.Momo Italia srls reserves the right to change the prices displayed at any time, with the exception of orders already accepted by the parties that will not undergo price changes. Sales abroad after registering with VIES will be VAT excluded, no sales are made to foreign individuals.
1.4 The Customer declares to be made aware that the technical data sheets and images relating to the products may not perfectly correspond to the real characteristics of each individual product and may differ in color, size, accessory products, packaging and technical characteristics, and therefore, must be considered merely indicative.
1.5 J.Momo Italia srls assumes no responsibility for any errors, inaccuracies in the content of this catalog or changes by the manufacturers and reserves the right to make any changes to its products, at any time and without notice, deemed appropriate for any need of a technical or commercial nature.
Art. 2 Acceptance of the General Conditions of Sale
2.1. By sending his purchase order electronically, the Customer unconditionally accepts and undertakes to observe these General Conditions in his relations with J.Momo Italia srls, declaring that he has read and accepted all the information provided to him, taking it also acknowledges that the Seller does not consider itself bound by different conditions unless otherwise agreed in writing.
2.2 The General Conditions of sale regarding the Customer qualifying as a “Consumer” (private person), will apply only to the natural person who, pursuant to art. 3 of Legislative Decree n. 206 of 8/10/2005 SS MM, “acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”. In particular, art. 5 (two-year duration of the guarantee) and 6 (withdrawal) will apply only and exclusively if the Customer qualifies as a Consumer.
2.3 The Customer declares to have examined the General Conditions of sale before submitting his purchase order and undertakes and undertakes, once the online purchase procedure has been completed, to print or save an electronic copy and, in any case, to keep the these Conditions, already viewed and accepted, pursuant to and for the purposes of Articles 3 and 4 d. lgs. 185/99 and of the d. lgs. 206/2005.
Art. 3 Payment
3.1 The Customer can make the payment due by choosing between the following methods: Advance payment as a deposit by bank transfer made out to J.Momo Italia srls, made within 24 hours from the advance order confirmation via e-mail to info @ j- momo.it, including taxes and transport costs. Cash on delivery (method valid only for deliveries in the Italian territory) with the payment of a deposit equal to 30% of the price by bank transfer made out to J.Momo Italia srls, made within 24 hours of order confirmation and in advance to by email to ciao@j-momo.it, including taxes and transport costs; the remaining 70% of the price, increased by 3% of the remainder by way of expenses, with a minimum of 5 euros, must be delivered directly to the courier with the delivery of cash (for amounts less than € 1999.99) and / or check circular made out to J.Momo Italia srls. The courier can ask for an advance by e-mail of a copy of the bank draft. Payment by credit cards.
Art. 4 Delivery
4.1 The delivery costs made from mainland Italy are quantified according to the area and the number of machines. Fixed shipping costs for vending machines amount to € 500 (excluding VAT).
4.2 Delivery is intended to be made to the address number of the recipient or in the different place indicated in the transport documents (d.d.t.), but in any case on the street level. For unloading and deliveries carried out in ways that make exceptional and ancillary services indispensable, a fee will be payable by the Customer to cover the higher costs incurred (for example: deliveries to floors, both upper and lower, in the Limited Traffic Zone or pedestrian area, disadvantaged locations, smaller islands or all other causes that characterize disadvantaged delivery and any other case of excessive use of operational time). The service is to be requested when ordering.
4.3 The goods will be delivered between 1 and 30 working days. After confirmation of payment, the approximate delivery date will be communicated, except for the lack of responsibility of J.Momo Italia srls for the hypothesis of delay / non-delivery due to unforeseeable circumstances or force majeure (by way of example only accidents, explosions, fires, strikes, and / or lockouts, earthquakes, floods, heavy snowfalls and similar events) or for reasons attributable to the carrier or supplier.
4.4 The courier delivers without notice and in any case, as a rule, in the morning following the day of dispatch. J.Momo Italia srls is not responsible for any delivery delays or additional charges to be borne by the Customer in the event that an incomplete or incorrect address is provided. The goods travel with a regular transport document, it is intended as delivered to the place indicated by the Customer at the time of order confirmation, unless otherwise indicated.
4.5 For shipments to France, Spain, Portugal and Germany the shipping costs will be calculated automatically by the system with a minimum order of 200 euros and the order will be automatically processed. For all other countries, the system will warn you that the shipping costs, and any duties, will be calculated and sent for acceptance before proceeding with the order.
4.6 The ordered goods are covered by an insurance guarantee for the entire phase of shipment. It is the Customer’s responsibility to verify, upon receipt of the goods, the number of packages and the integrity of the product. In the event that the goods, upon verification with the courier, are damaged or not intact, the Customer has the right to refuse to receive the product and / or to indicate the “specific reserve” in the appropriate section of the courier’s form, describing the damage and communicating it within 1 working day to J.Momo Italia srls by email to ciao@j-momo.it, possibly by sending photos. In the absence of a timely complaint, no complaints concerning the non-integrity of the products delivered will be accepted.
4.7 PASSAGE OF RISK, pursuant to Article 1510 of the Civil Code, the risk of damage and perishing of the products is transferred to the customer already at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of what was delivered. In this case, any dispute must be raised directly by the customer against the carrier.
Art. 5 Warranty
5.1 The products purchased by the non-consumer Customer (i.e. in the case of purchase as part of their business or professional activity) are covered by the manufacturer’s standard warranty of 12 months for lack of conformity and / or malfunction, not found at the time of ‘purchase.
5.2 The products purchased by the consumer customer (i.e. in the case of purchase for purposes not related to his own business or professional activity) are covered by a 2-year legal guarantee for lack of conformity and / or malfunction, not found at the time of purchase.
5.3 In the event of a lack of conformity, J.Momo Italia srls will, at no cost to the customer, send the spare parts necessary to restore the conformity of the product. The labor costs necessary to restore the product will remain the responsibility of the end customer who will have to make use of his own trusted local technicians. The Customer is required to check the goods and their functioning within 5 days of delivery. Any defects already present at the delivery of the material must be communicated to J.Momo Italia srls within 5 days of receipt of the same by e-mail to ciao@j-momo.it, indicating the article code, details and photographs of the defect found. .
5.4 In the event that J.Momo Italia srls is not able to return a product under warranty to the Customer (restored or replaced), the same may proceed to its consensual replacement with a product of similar or superior characteristics to the disputed one or to the return the amount paid taking into account the use of the asset. In cases of replacement under warranty, the Customer is required to send the defective product to the Seller’s headquarters at his own expense, sending it to
J.Momo Italia srls, Piazza S. Di Giacomo, 130 80123 Naples IT.
The goods under warranty must be returned by the Customer in the original properly sealed packaging, complete in all its parts. The Customer is required to keep the original packaging and all additional documentation of the products purchased until the product warranty terms expire.
5.5 No damage can be requested from J.Momo Italia srls for any delays in carrying out repairs or replacements. If the defect reported does not result in a lack of conformity pursuant to art. 129 d. lgs 206/2005, the customer will be charged for the costs of verification, restoration and transport, if incurred by J.Momo Italia srls.
5.6 J.Momo Italia srls assumes no responsibility in case of incorrect installation or improper use of the products.
It is imperative that the assembly and / or connection of our equipment is carried out exclusively by qualified personnel. The invoice relating to the assembly and / or connection work by qualified personnel must be kept for the entire warranty period, as it is decisive for the customer’s exercise of the warranty right.
Direct or indirect damage caused by errors or discrepancies in the installation or incorrect use of the machine, damage by hard or ferruginous water, by carelessness or inability of the user, by irregular voltage of the electrical lines, by insufficient pressure or impurities are not guaranteed. in water or gas systems, from the malfunctioning of the suction systems, or due to unforeseeable circumstances or force majeure or unauthorized third party intervention.
The warranty does not cover components subject to wear, such as gaskets, lamps, glass, knobs, but not limited to.
Art. 6 Consumer Customer’s right of withdrawal
6.1 The Consumer Customer (private person) has the right to withdraw from the contract without any penalty and without specifying the reason within the term of 14 (fourteen) days from receipt of the goods by registered letter with return receipt, email or fax to be sent to the operational headquarters. of the company J.Momo Italia srls, declaring that they want to make use of the right of withdrawal and indicating the order number, the invoice number, code and quantity of the items, if the withdrawal is partial (only in case of purchase of more items) or total and the bank details to obtain the refund transfer (Iban code of the invoice holder).
6.2 J.Momo Italia srls will refund the price within a maximum period of 14 (fourteen) days from the day of receipt of the notice from the Consumer. In any case, J.Momo Italia srls will be entitled to withhold the reimbursement until the date of receipt of the goods or demonstration by the Consumer that he has returned them. The consumer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
6.3 The direct costs for returning the goods are borne by the consumer. The shipment for the return of the material, up to the confirmation of receipt in our warehouse, is under the complete responsibility of the Customer. J.Momo Italia srls is not responsible in any way for damage or theft / loss of goods returned by shipments not insured by the customer.
6.4 The right of withdrawal is excluded in the following cases:
a) lack of original packaging;
b) absence of integral elements of the product (eg manuals, accessories and in general different conditions in which they were delivered);
c) damage to the product (eg products that are not substantially intact, used or that show, discrepancies, deterioration, signs of wear and / or alterations of any kind);
d) purchase of customized products according to the indications requested by the Customer.
6.5 The non-consumer customer (subject with VAT number) does NOT have the right of withdrawal.
Art. 7 Applicable law and competent court
7.1 This contract is governed by Italian law.
7.2 Except in the case of a contract concluded with a Consumer, the Court of Padua will be exclusively competent for all disputes that may arise from the application or interpretation of this contract.
7.3 The European Commission has set up an online platform that provides a tool to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Art. 8 Code of Ethics
J.Momo Italia srls adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel
Art.9 Intellectual Property
The intellectual property rights relating to the Site, the J-Momo or I-Eat brand or its content are and remain the exclusive property of J.Momo Italia srls.
It is expressly forbidden to copy, reproduce, modify, duplicate, create works or works derived from the site and its content, including but not limited to photos, images, texts and graphics, audio, video and animations or drawings.