General conditions of sale

Here you will find the terms and conditions under which we supply any of the products listed on our website store.mogi.it to you. Please read these terms and conditions "General Conditions of Sale" carefully before placing any order on our site. You should understand that by ordering any of our products, you agree to be bound by these General Conditions of Sale.

 

Who we are

www.store.mogi.it is a website owned and operated by MOGI Caffè Società Benefit a Responsabilità Limitata based in Via G.B. Moroni, 240 Bergamo – Fiscal code and VAT ID: IT03365140163.

The products offered on the website are sold by MOGI Caffè S.B.R.L.

To contact us, please write an e-mail to the e-mail address askmogi@mogicaffe.it

 

Your state

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) You are purchasing the products for your own personal and non-commercial use;

(d) You agree that any personal data collected concerning you shall be used in accordance with our Privacy & cookies policy

 

Execution of the purchase agreement

The price and essential characteristics of each product (along with the relevant product codes) are indicated on our site.

 

Before submitting an order through our site, we invite you to read carefully all the instructions provided during the purchase procedure (also with regard to the right of withdrawal conditions, the delivery charges and the privacy policy statement), as well as these General Conditions of Sale.

 

In order to submit an order, you could purchase as a guest or as registered user on the website www.store.mogi.it

 

Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions of Sale and binding for you (with no prejudice to the withdrawal right). Submitting the order proposal by you implies the obligation of the latter to pay the price of the ordered Product(s).

 

Without prejudice to the use of data described in the Privacy Policy, the order proposal and your data related to that order proposal may be kept by Mogi Caffè S.B.R.L. for the period of time required by applicable legislation.

 

An order proposal can be rejected by Mogi Caffè S.B.R.L. even after the order has been confirmed (being understood that no payment will be required) within 30 (thirty) days at its sole discretion, by way of example but not limited to:

1. The products are not available;
2. A reported or suspected fraudulent or illegal activities, including suspected purchases for commercial purposes;
3. You have not fulfilled the obligations deriving from a previous purchase contract executed with Mogi Caffè S.B.R.L.

 

Despite the Order Confirmation, in case of unavailability of one or more of the ordered Products, you will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, you shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.

 

The contract between MOGI Caffè S.B.R.L. and the Client is executed upon receipt by the Client of the acceptance by DROP of the order proposal sent through the process set out on our site through the Order Confirmation. The contract will relate only to those Products whose dispatch or supply we have confirmed in the Order Confirmation.

 

In no case Mogi Caffè S.B.R.L. shall be liable for errors occurred due to failure of the Client’s connection to the Website. Furthermore, Mogi Caffè S.B.R.L. will not take any responsibility in regard to the Client under the following circumstances, regardless of the reason for the damages, the cause, the nature of the damages, or the results:

(a) any damages caused by the suspension or stoppage of the operation of our site;

(b) any damages resulting from a third party hacking our site and changing the information that it provides.

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Partial invalidity clause

If any competent authority determines any of these General Conditions of Sale or any provision of a contract that is invalid, void or ineffective to any extent, such term, condition or provision will be separated to the extent of that extent from the remaining terms, conditions and provisions which they will continue to be valid to the fullest extent permitted by law.

 

Force majeure events

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). 

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks;

(f) The acts, decrees, legislation, regulations or restrictions of any government.

 

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

 

Copyright and registered trademark

All rights pertaining to the content of our site (texts, images, videos, etc.) belong to MOGI Caffè S.B.R.L. with registered office in Via G.B. Moroni, 240 Bergamo; Fiscal number and company registration number IT03365140163. None of the articles, photographs, illustrations, etc. on this site may be used without the prior written authorization of MOGI Caffè S.B.R.L.

All of the trademarks and service marks used on our site belong to MOGI Caffè S.B.R.L. or are used based in official rights such as being licensed. Their unauthorized use is not permitted.

 

Law and jurisdiction

These General Conditions and, therefore, the contracts executed with the clients, are governed by and must be interpreted in accordance with Italian laws (including the Legislative Decree of 6 September 2005, No. 206 “Consumer Code“- and specifically “Capo I, Titolo III of Part III“ - and the Legislative Decree of 9 April 2003, No. 70 “Ecommerce Decree“).

Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client.