These General Terms and Conditions of Sale are valid from 26 October 2021
General Conditions of Sale “cocoonmode.com”, managed and distributed by Cocoon Mode di Alessandro Tacchi.
INTRODUCTION– cocoonmode.com (hereinafter referred to as “Site”) is an Internet “Site” of B2C E-commerce – Business to Consumer that addresses the private “Customer” user (hereinafter referred to as “Customer”) by publishing product catalogs of third party suppliers for sale via the Internet.
Pursuant to and for the purposes of art. 7 del D.L.vo 9 aprile 2003, n. 70, informs the buyer that the goods / services covered by this contract are presented by Cocoon Mode (hereinafter referred to as “Cocoon Mode”), with registered office in: Corso Italia, 24 – 06023 Gualdo Tadino (PG) – Italy – VAT number 02557150543 n ° REA PG – 225865.
All communications or requests for information can be sent to the above address or sent by e-mail by writing to: info@cocoonmode.com, one of the operators of “Cocoon Mode” will contact the “Customer” who left the message in the shortest possible time. Copy of these General Conditions of Sale, pursuant to art. 12 comma n. 3 del D.L.vo 9 aprile 2003, n. 70, it can be copied and saved on the “Client” computer.
ART. 1 – Mandatory general information to the “Customer”
These general terms and conditions are intended to govern all relations between “Cocoon Mode”, the company that owns the rights to use the “Site” and the “Customer”. These general conditions of contract form an integral and substantial part of every proposal, order and confirmation of the purchase order of the products by the “Customer”.
“Cocoon Mode” may update or modify these general terms and conditions at any time, also but not only in consideration of any regulatory changes. The new general conditions of contract will be valid and effective from the date of publication on the “Site”, for contracts stipulated after that date. In any case, since these are distance sales contracts governed by the Consumer Code (Legislative Decree 206 of 6/09/2005) and by Legislative Decree 70 of 9/04/2003,the “Customer” will enjoy all the protections provided for by these regulations and subsequent amendments. The Products purchased on the “Site” are sold by Cocoon Mode di Alessandro Tacchi, with registered office in: Corso Italia, 24 – 06023 Gualdo Tadino (PG) – Italy – VAT number 02557150543.
ART. 2 – “Customer” registration
In order to be able to consult their position (change personal profile, billing and shipping data, purchase history, wish list) users must register and accept the General Conditions of Sale provided for in this document. The purchases offered by “Cocoon Mode” in the portal of its “Site” are reserved for private consumer users, as defined by Art. 3 of the Consumer Code (Legislative Decree 206 of 6/09/2005), or natural persons acting for purposes unrelated to any business or professional activity carried out. The provision of the data requested at the time of registration is mandatory for the “Customer” as it is strictly functional to the performance of the same. Any refusal to supply them will make it impossible for “Cocoon Mode” to activate the services and carry out any activity relating to them. The “Customer” agrees to receive from “Cocoon Mode”, at the e-mail address indicated at the time of registration, communications and commercial proposals relating and / or connected to the “Cocoon Mode” services. At any time the “Customer”, by clicking on the appropriate link at the bottom of the commercial communication, may request not to receive further communications.
ART. 3 – Contract for the purchase and sale of the Products
In order to comply with Legislative Decree 70 of 9/04/2003,laying down provisions on electronic commerce, “Cocoon Mode” informs the “Customer” that in order to conclude the contract for the sale of the Products on the “Site”, the “Customer” must fill in an order form in electronic format and send it to “Cocoon Mode “, electronically, following the instructions that will appear from time to time on the” Site “and which will accompany the various stages of the purchase. In the event that the “Customer” specifically wishes to receive an invoice, he must fill in the appropriate spaces in the order note complete with tax address, tax code and VAT number. The contract is concluded when “Cocoon Mode” registers the order form, after verifying the correctness of the data relating to the order and payment. Before proceeding with the transmission of the order form, the “Customer” will be able to identify and correct any errors relating to the data entered by following the instructions that will accompany the various stages of the purchase indicated on the “Site” from time to time. Once the order form has been registered, “Cocoon Mode” will send the “Customer” to the e-mail address indicated in the registration the order confirmation and the payment receipt via e-mail. It is recommended to keep the e-mail received as proof of purchase. The order form will be filed in the “Cocoon Mode” database and associated with the “Customer” data for the time necessary to process the order and, in any case, within the terms of the law. To access his order form, the “Customer” can consult the “Orders archive – Wish List” section of the “Site” using the Password and User ID assigned to him at the time of registration, where he will find the list of all orders to made him. In the order note, before confirming the order, the quantities, codes and descriptions of the individual products, prices, any taxes and fees will be indicated. The technical descriptions, models, materials, sizes and colors of the products will correspond to the individual codes as per the technical presentation of the individual product and its variants. For each product or type of product, at the time of insertion in the “shopping cart”, they will be indicated, as required by Art. 52 of the Consumer Code (Legislative Decree 206 of 6/09/2005), the additional delivery and packaging costs, the payment methods and the applicability of these General Conditions of Sale to the Contract. It may happen that the ordered product is no longer available after the purchase order. In this case, the “Customer” will be refunded the price paid, in any case no later than 30 days from the date of payment, with retroactive value on that date. In the event that a “Customer” has placed orders for several products and only some of them are available, “Cocoon Mode” will have the right to make even a partial delivery.
ART. 4 – Product Price and Payment Methods
The price of the products published on the “Site” includes VAT. Before the purchase, it will be possible for the buyer to view the amount of the shipping costs charged to him. Payment can be made via paypal account or credit card. The credit card details are entered directly on the pages of the banking partner of “Cocoon Mode”, and are transmitted to the bank’s servers in encrypted form according to the 128-bit SSL (Secure Socket Layer) standard, one of the most advanced protection systems and effective currently available. For greater security, only the banking partner has access to the data of the card used for payment, while “Cocoon Mode” has no possibility of knowing or storing such data. By selecting the “Pay” button during the purchase process, the “Customer” declares to fully and unreservedly accept all of these General Conditions of Sale.
ART. 5 – Orders
Purchase orders for products will be processed only after receipt by “Cocoon Mode” of the confirmation of payment of the total amount due, consisting of the purchase price of the products including shipping costs, the products remain the property of “Cocoon Mode” until the total settlement of the amount due. Once the purchase order has been confirmed, the “Customer” will be able to check its details at any time on the relevant web page, “Cocoon Mode” is therefore available to facilitate this acknowledgment even if the product in question has been temporarily put out of catalog after the order of the “Customer”.
ART. 6 – Order fulfillment, product delivery, documentation and packaging
Orders completed by 12:30 will be processed on the same day; after 12:30 on the next working day.
“Cocoon Mode” will deliver at the expense of the “Customer” through its own shipper with an agreed courier, in the place indicated by the “Customer” when filling in the order note.
Upon delivery of the products, the “Customer” must check:
- – that the number of packages delivered corresponds to what is indicated in the transport document;
- that the product indicated on the packaging corresponds to that actually indicated in the order confirmation;
- that the packaging is intact, not damaged or wet or otherwise altered.
Any damage or mismatch in the number of packages or information must be immediately reported to the courier who makes the delivery.
In the absence of the recipient at the time of delivery, a notice will be left and the “Customer” must personally contact the courier or forwarder as soon as possible in order to agree on the delivery methods. In the event that the “Customer” does not do so, he will be held responsible for the costs of shipping, storage and recovery of the products.
“Cocoon Mode” is not responsible for delayed or non-delivery due to force majeure or unforeseeable circumstances. The products will be delivered in the packaging normally used, complete with their documentation such as, by way of example, the instruction manuals. Delivery takes place via trusted freight forwarders and / or couriers at the shipping cost indicated on the screen during the completion of the order, calculated according to the destination of the goods. The cost of shipping is borne by the buyer, according to the rates and costs indicated.
ART. 7 – Shipping costs
Shipping costs are:
- Italy: €10
- EU: €15
- UK and Ireland: €30
At the moment. due to causes due to the COVID19 emergency, we do not ship to countries outside the EU.
ART. 8 – Product Guarantee and Product Conformity Guarantee
“Cocoon Mode” undertakes to supply products corresponding to the published product sheets, compliant with their technical specifications and current regulations, free from flaws or defects. The products will always and in any case be of “first choice”, unless the contrary is clearly and previously highlighted. The product warranty terms will start from the day of delivery of the products to the “Customer”. In the event of a lack of conformity of the purchased products, the “Customer” has the right to replace the product, without any additional expense, where this is possible in relation to the number of copies still available for sale and unless the replacement is not excessively expensive for “Cocoon Mode” in consideration of the extent of this defect and the value that the asset would have, if there were no lack of conformity. Alternatively, the buyer has the right, at his choice, to an appropriate reduction in the price or to terminate the contract. In the event of termination of the Agreement, “Cocoon Mode” will return the price paid by the “Customer”, in addition to the shipping costs no later than 30 (thirty) days from the date of communication of the termination. In the event of a price reduction, “Cocoon Mode” will refund the amount of the reduction, in the same terms as above. In any case, the amount of the reimbursement will be communicated to the “Customer” by e-mail and credited to the same according to the agreements that will intervene between the Parties. The “Customer” must agree with the Customer Service of “Cocoon Mode” the methods of shipment of the goods.
The warranties relating to the products sold are those provided directly by the manufacturer. The “Customer” must report any lack of conformity (obvious defects) of the products to “Cocoon Mode”, under penalty of forfeiture, within 15 (fifteen) days from the delivery date. In the event of hidden defects, the terms of the law will apply. The guarantee of conformity will not be applicable to products repaired, modified or in any way altered by the “Customer”. “Cocoon Mode” is not liable in the event of damage, of any kind, deriving from improper installation and / or use of the product and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage resulting from unforeseeable circumstances or major force.
The images and colors of the products published on the “Site” may differ from the real ones due to the local settings of the systems and / or tools used by the “Customers” for their display. In addition to the aforementioned guarantees, purchases made through the circuits managed by “Cocoon Mode” are also responsible for the “Product conformity guarantee”, in fact “Cocoon Mode” responds to the “Customer” for any lack of conformity of the purchased goods pursuant to and for the effects of the provisions of the Consumer Code (Title III – Legal guarantee of conformity and commercial guarantees for consumer goods, CHAPTER I On the sale of consumer goods, in articles 128 et seq. of Legislative Decree 22.07.2005 n. 206), provided that it exists at the time of delivery of the goods and manifested itself within a period of two years from the moment of receipt of the goods and provided that it is not a defect known by the “Customer” at the time of signing the purchase contract. Any defect must be communicated to “Cocoon Mode” within two months of its discovery, by sending registered letter a. r. at the address referred to in ART. 1. The date of the postmark of dispatch of the registered letter will be valid between the parties.
ART. 9 – Right of withdrawal
Since these are distance sales contracts governed by the Consumer Code (Legislative Decree 206 of 6/09/2005), the “Customer” enjoys the right of withdrawal, which consists of the right to return the purchased product and the consequent refund of the purchase price. The right of withdrawal must be exercised under penalty of forfeiture within and no later than 15 (fifteen) working days from the date of receipt of the product without any penalty and without the need to specify the reason. To exercise this right, the “Customer” must send, within the deadline, a communication to the address indicated in ART. 1 exclusively by registered letter with acknowledgment of receipt, it is specified that communications sent by ordinary e-mails, telephone messages (SMS), WhatsApp or other types of messaging cannot be taken into consideration as they are not contemplated by law. Upon receipt of the communication by registered letter with acknowledgment of receipt, “Cocoon Mode” will contact the “Customer” within 2 working days by sending a return form with its authorization number using the e-mail address indicated in the order. The products subject to the withdrawal must be sent to “Cocoon Mode” no later than 48 hours after obtaining the return authorization number and be sent to “Cocoon Mode”, complete with a copy of the return form (which, as stated above, “Cocoon Mode “Will have sent the” Customer “via E-mail together with the return authorization code). “Cocoon Mode” reserves the right not to accept the return of products without the return authorization code. Within 30 (thirty) days from the date of communication of the exercise of the right of withdrawal, “Cocoon Mode” will return the price paid by the “Customer”, in addition to the shipping costs for sending the order, but not those of restitution which, as specified below, remains the responsibility of the “Customer”. With the receipt of the return by “Cocoon Mode”, the parties will be released from their respective contractual obligations, except for those of returning the products and restitution of the price, with nothing else to demand from both parties. As foreseen by the Art. 67 of the Consumer Code (Legislative Decree 206 of 6/09/2005), the substantial integrity of the products is an essential condition for exercising the right of withdrawal. The “Customer” must carry out the shipment at his own expense by returning the goods intact and in its original wrapping or wrapping complete with any documentation and accessory equipment (the right of withdrawal does not apply to sealed products once opened), to limit damage to the package original, we recommend when possible, to put it in a second box, on which to write down the return number (return authorization code); in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided.
The shipment, up to the certificate of receipt in our warehouse, is under the full responsibility of the “Customer”, “Cocoon Mode” therefore is not liable in any way for damage or theft / loss of goods returned by uninsured shipments.
ART. 10 – Liability and cause of force majeure
“Cocoon Mode” will not be liable to the “Customer” or third parties in relation to damages, losses and costs incurred as a result of the non-execution of the contract, since the “Customer” is only entitled to a refund of the price paid.
Likewise, “Cocoon Mode” is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the products. In fact, at no time during the purchase procedure, “Cocoon Mode” is able to know the credit card number which, by opening a secure connection (SSL protocol), is transmitted directly to the credit institution which it will use for online transactions. In the event of force majeure, the non-performing party will not be held responsible for the non-fulfillment, provided that it has done what is reasonably necessary to comply despite the cause of force majeure. Force majeure will be considered any event that occurs, unforeseeable and beyond the control of one or both Parties (such as, but not limited to, war events, riots, fires, floods, earthquakes and other natural disasters, strikes, orders o prohibitions by national and international authorities) such as to prevent the correct fulfillment of the obligations assumed.