Terms and Conditions
Please read ‘Terms and Conditions’ carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these ‘Terms and Conditions’. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
This website is operated by Moon Group S.r.l.. Throughout the site, the terms 'DOTTI', ‘we’, ‘us’ and ‘our’ refer to Moon Group S.r.l., an Italian company with headquarters at Via Nomentana 261, 00198 Rome, Italy. Moon Group S.r.l. may be contacted by phone on the number +39.06.87788685 and/or by e-mail at the following address: firstname.lastname@example.org.
Moon Group S.r.l. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following ‘Terms and Conditions’ (‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These ‘Terms and Conditions’ apply to all users of the site, including without limitation users who are browsers, vendors, customers and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the ‘Terms and Conditions’. You can review the most current version of the ‘Terms and Conditions’ at any time on this page. We reserve the right to update, change or replace any part of these ‘Terms and Conditions’ by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. GENERAL ONLINE STORE CONDITIONS
By agreeing to these ‘Terms and Conditions’, you represent that you are at least the age of majority in your state or province of residence.
1.1 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.2 You must not transmit any worms or viruses or any code of a destructive
1.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
1.4 A breach or violation of any of the Terms will result in an immediate termination of our Services to you.
1.5 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice .
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You agree that it is your responsibility to monitor changes to our Site.
Any reliance on the material on this Site is at your own risk.
3. MODIFICATIONS TO THE SERVICES AND PRICES
3.1 The prices are shown in euro, inclusive of VAT and inclusive of the delivery costs that are offered by DOTTI are payable in euros, irrespective of the delivery address or the customer's residence.
3.2 The prices for DOTTI products are subject to change without notice. DOTTI reserves the right to adapt its prices at any time, but the changes shall not apply to any orders for which customers has received a confirmation e-mail, unless there is a manifest price error. In this case, the customer will be informed of the price issue as soon as possible. The customer may cancel his order when DOTTI inform of the error.
3.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. PRODUCTS OR SERVICES
4.1 We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. However, minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. In case of discrepancies between the image and the respective product sheet, the description provided in the product sheet will always prevail.
4.2 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
4.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We also welcome your feedback and suggestions regarding any errors that you find on our Site, so that we can promptly address them.
5. RESTRICTIVE AND EMBARGO MEASURES
5.1 DOTTI’s policy provides for the Company to be committed neither to conclude transactions or operations, nor to conduct any activity with, on behalf of, for the benefit or in the interest of natural and/or legal persons, companies, organizations, States, territories against which restrictive and embargo measures have been adopted by the European Union, in compliance with article 215 of the TFEU, or by the United States of America, whose sanctions programs are managed and administered by the Office of Foreign Assets Control (hereinafter “OFAC”) and by the Department of Treasury.
5.2 In particular, DOTTI does not intend to be bound, through the Customer, to the execution of any operation, transaction or activity whatsoever, involving either directly or indirectly the following embargoed countries, as they are recognized as high risk and/or non-cooperative countries: Afghanistan, Bosnia Herzegovina, Birmania (Burma), Burundi, North Korea, Côte d’Ivoire, Crimea/Sevastapol, Cuba, Egypt, Eritrea, Guinea-Bissau, Republic of Guinea, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Montenegro, Myanmar, Nicaragua, Central African Republic, Democratic Republic of the Congo, Republic of Moldova, Serbia, Syria, Somalia, Yemen, Tunisia, Turkey, Ukraine, Sudan, South Sudan, Venezuela, Zimbabwe.
5.3 Hence, it is understood that, since the list of the embargoed countries is subject to continuous changes, DOTTI reserves the right, before proceeding with the import/export of DOTTI’s products to any country, to evaluate the existence and potential application of any restriction and/or sanction and notify the Customer any eventual obstacle to proceed with the export of the product/s.
6. ACCURACY OF BILLING AND PERSONAL INFORMATION
6.1 You agree to provide current, complete and accurate information for all purchases made at our online store.
6.2 You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider/s.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these ‘Terms and Conditions'.
8. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-party.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-party.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these 'Terms and Conditions'.
9.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
9.3 You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-party as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
9.4 We are and shall be under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
9.5 We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. PROHIBITED USES
In addition to other prohibitions as set forth in the ‘Terms and Conditions’, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DOTTI warrants that the product/s offered for sale are compliant with the statutory national and EU legislation.
11.1. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. However, minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. In case of discrepancies between the image and the respective product sheet, the description provided in the product sheet will always prevail.
11.2. Sections 128-135 of the Consumer Code apply to the contract entered into with the Consumer. In case of lack of conformity, as defined by the law, DOTTI warrants for 2 (two) years from delivery of the product/s, to restore the product/s to conformity, without charge, by repair or replacement, unless the remedy requested is objectively impossible or excessively expensive for DOTTI, in which case the Customer may be entitled to a price reduction or termination of the contract. The Customer forfeits all rights if she/he does not notify the lack of conformity to DOTTI within 2 (two) months from the date on which the defect was discovered. In any case, unless proven otherwise, it is presumed that the conformity defect/s that occur within 6 (six) months from the delivery of the product/s already existed on that date, unless this is incompatible with the nature of the product/s or the nature of the conformity defect/s. Therefore, if an inherent defect appears in the first six months after the date of delivery, DOTTI must justify it or repair the product/s. After six months have passed, the Customer has the burden of proving the existence of the inherent defect. A slight inherent defect of the product/s for which it is not possible—or for which it would be excessively burdensome for DOTTI to provide the remedies of repair or replacement—shall not grant the right to withdraw from the contract.
This warranty shall only apply if the Customer provides the proof of purchase, delivery of the product/s and if the Customer has properly used the product/s in the following manners:
- Not used solvents or creams for leather to clean the product/s: it would irreparably damage the leather.
- Not forced the product/s in any way or avoided severe impacts distorting its shape.
- Not rubbed the product/s on abrasive surfaces.
- Not touched the product/s with creams, makeup products, antibacterial gel, solvents, and oily substances in general.
- Not letted the product/s touch surfaces or products that could leave colorants on it, including, but not limited to, newspapers and magazine.
- Not putted the product/s near heat sources and direct exposures to sunlight.
- Not exposed the product/s to water, rain, liquids, and moisture directly.
Should the Customer complain about problems arising from failure to comply with the above mentioned rules, DOTTI shall not granted any warranty on the products.
11.3. The warranty will not apply to product/s repaired, modified, or altered in any way or returned without the original packaging.12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Moon Group S.r.l., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. FORCE MAJEURE
13.1 If DOTTI is prevented, hindered or delayed from or in performing any of its obligations under the contract by a Force Majeure Event, the latter shall suspend the performance of its obligations for so long as the Force Majeure Event continues.
13.2 As soon as reasonably possible after the start of the Force Majeure Event DOTTI shall notify the Customer in writing of the Force Majeure Event, the date on which the later started and the effects of the Force Majeure Event on its ability to perform its obligations under the contract.
13.3 DOTTI shall make all reasonable efforts to mitigate the effects of the Force Majeure Event on the performance of its obligations under the contract and, as soon as reasonably possible after the end of the Force Majeure Event, DOTTI shall notify the Customer in writing that the Force Majeure Event has ended and resume performance of its obligations under the contract.
13.4 If the Force Majeure Event continues for more than 45 days, the Customer may terminate the contract by giving written notice to DOTTI.
13.5 In this clause 14, 'Force Majeure Event' means event beyond the reasonable control of DOTTI including, without limitation, strike, lockout, labour dispute, war, riot, act of terrorism, civil commotion, military operations, malicious damage, compliance with law or governmental order, rule, regulation or direction, breakdown of plant or machinery, fire, flood and acts or omissions of third parties for whom DOTTI is not responsible.
In the event that any provision of these ‘Terms and Conditions’ is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ‘Terms and Conditions’, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These ‘Terms and Conditions’ are effective unless and until terminated by either you or us. You may terminate these ‘Terms and Conditions’ at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these ‘Terms and Conditions’, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these ‘Terms and Conditions’ shall not constitute a waiver of such right or provision.
These ‘Terms and Conditions’ and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the ‘Terms and Conditions’).
Any ambiguities in the interpretation of these ‘Terms and Conditions’ shall not be construed against the drafting party.
17. GOVERNING LAW
These ‘Terms and Conditions’ and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Italy.
18. CONTACT INFORMATION
Questions about the ‘Terms and Conditions’, information or any request of assistance, the Customer can contact DOTTI at the following addresses:
Moon Group S.r.l.
Via Nomentana, 261
E-mail address: email@example.com