Terms of Sale
These general conditions (hereinafter "General Conditions") govern both the use of the website and the sale of consumer goods (hereinafter "Products") offered by Mokà Sportswear - Srl via Mestri del Lavoro 32, 41037 Mirandola (MO) Italy - Tax Code/VAT No. 03823970367 - Phone: 0535/658920 - Fax: 0535/607357 (hereinafter "Company" or "Seller"), through the website www.cpmoka.it (hereinafter "Site"), ONLY TO CONSUMER USERS residing exclusively within the territory of the Italian Republic (hereinafter "USER" or "CUSTOMER"), excluding areas with preferential tax regimes (e.g., Livigno, Campione d’Italia…).
Consumer Users are defined as natural persons acting for purposes unrelated to their commercial, entrepreneurial, or professional activity. If you are not a consumer, we invite you to refrain from making commercial transactions through the Site. The Seller may refuse to process purchase orders from non-"consumers" or from geographical areas not covered by the company's commercial policy.
These General Conditions become effective from the date of acceptance by the CUSTOMER on the Site, which also constitutes acceptance pursuant to Article 1341 of the Italian Civil Code. Failure to accept these General Conditions will prevent the execution of the CUSTOMER's Product purchase order. The Company reserves the right to modify these General Conditions at any time, providing prior notice to the CUSTOMER on the Site upon first access following the modification. The Company excludes any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the partial or total non-acceptance of an order.
Product Purchase Methods
Access to the Site and express acceptance of these General Conditions allow the purchase of Products governed by the Consumer Code, Section II "distance contracts" (Legislative Decree 6-9-05 No. 206). Each Product has a technical sheet on the Site containing its main features and specifications. The material composition of the Products will be indicated. Users are reminded to take care when washing/treating garments and to avoid washing Products with acids or aggressive substances, not to tumble dry, and to strictly follow the care labels.
All additional purchase support information is to be considered generic informational material. The image accompanying the Product's technical sheet may not perfectly represent its characteristics due to limitations in image reproduction equipment, and may differ in color tone or size; sheets may change at any time without prior notice. Any inaccuracies in product sheets, which are purely illustrative, do not constitute liability for the Selling Company.
No registration is required to access the Site. Product sheets are freely viewable. To complete the Product purchase procedure, the CUSTOMER must register on the Site by entering the required data in the registration form, choosing a personal code (password) and identification code (User-ID) (hereinafter "Identification Tools"), and explicitly accepting these General Conditions and the Privacy policy. Registration data are subject to Legislative Decree 30 June 2003 No. 196 on "Protection of individuals and other subjects regarding personal data processing" as indicated in the Privacy section and may be modified by the CUSTOMER at any time following the procedure indicated on the Site. These data will be stored by the Company so that, after the first purchase, the CUSTOMER can use the chosen Identification Tools to proceed with future orders. The registered CUSTOMER will not need to re-enter their data for subsequent purchases. Identification Tools are personal and non-transferable, must be kept secret, and for security reasons, should not be stored together or noted on a single document.
If the CUSTOMER forgets the password and/or User-ID chosen during registration, they must follow the procedure in the appropriate section of the Site to request new access tools. By following the procedures indicated on the Site, the CUSTOMER can purchase Products offered by www.cpmoka.it at the indicated price. The correct receipt of the order is confirmed by the Company via email sent to the address provided by the CUSTOMER. This confirmation message will include the date and time of order acceptance and a "CUSTOMER order number" to be used in any communication with the Company. The message will include all data entered by the CUSTOMER, who agrees to verify its accuracy and promptly report any corrections as indicated on the Site in the “YOUR ACCOUNT” section under “YOUR DATA”.
The Company may not process purchase orders that are incomplete or incorrect or in case of Product unavailability. Before confirming the order, the Company reserves the right to request additional information from the CUSTOMER via email regarding the purchase made on the Site.
Intellectual Property Rights
Access and use of the Site www.cpmoka.it, including viewing web pages, communicating with Mokà, downloading product information, and purchasing via the Site, are voluntary activities by our Users intended solely for personal use unrelated to any commercial, entrepreneurial, or professional activity.
Therefore, except in cases of willful misconduct or gross negligence by Mokà, the User is solely responsible for the use of the Site www.cpmoka.it and its contents, which must comply with current Italian laws. The Site is intellectual property of Mokà, and its contents—from images to sounds to software features—are protected by copyright and cannot be reproduced without Mokà’s explicit written consent.
The User may only view the Site and its contents, making temporary reproductions without economic significance and aimed at legitimate use of the Site, and agrees to respect all intellectual property rights claimed by Mokà.
Note that the Site may contain trademarks, logos, patents, or other distinctive signs belonging to third parties, legitimate owners of their respective registrations, which are also protected by current intellectual property laws.
Any use of Mokà’s or third-party trademarks is prohibited and may result in serious criminal consequences, unless explicitly authorized in writing by Mokà or the rightful owners.
Sales Prices
The Product price includes taxes and duties, except for Delivery costs, which will be paid by the CUSTOMER at the time of online Product payment in cases explicitly stated in the Shipping section of www.cpmoka.it
We recommend the CUSTOMER carefully consult the Shipping section of www.cpmoka.it, which is an integral part of these General Conditions and contains all relevant information. Prices may change without notice, and the only valid price is the one indicated at the time of order confirmation by the Company.
Payment Methods
Payment for Products purchased by the CUSTOMER, as well as related delivery costs, may be made via Paypal Secure/Credit Card (accepted cards: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura, Discover, Postepay) or Bank Transfer.
For payment via Bank Transfer: You will receive order confirmation and the total amount (including shipping costs) at the email address you provided.
The bank transfer must be made to the following account:
IBAN: IT55P0503466980000000004605
SWIFT-BIT: BAPPIT 21447
ACCOUNT HOLDER: MOKÀ SPORTSWEAR SRL
The purchased goods will be shipped upon receipt of the accounting copy confirming the bank transfer.
If the CUSTOMER exercises the right of withdrawal after payment for Products purchased online, the Company will refund the amount due as indicated in the right of withdrawal section of www.cpmoka.it.
We recommend the CUSTOMER carefully consult the right of withdrawal section, which is an integral part of these General Conditions and contains all relevant information.
No Company database will store such data. Therefore, the Company cannot be held responsible for any fraudulent or improper use of credit cards by third parties during payment for Products purchased on the Site.
Delivery Methods
The Company can accept orders for delivery within Europe, the Americas, Asia, Africa, and Oceania. The Company undertakes to deliver the Products purchased online by the CUSTOMER in compliance with the provisions of Article 6 of Legislative Decree 185/99; however, it will endeavor to ensure that the shipment of Products available in stock, using trusted couriers, takes place on the working days indicated in the Shipping section.
Delivery costs are charged to the CUSTOMER in the manner specified in the Shipping section and when placing the order. Payment for the Products by the CUSTOMER will be made using the methods described in the Payment Methods section of these General Terms and Conditions at the time of ordering. Nothing more is due from the CUSTOMER to the Company than the total order amount shown at the end of the purchase process.
The delivery date shall be deemed valid as the date on which the Products are delivered to the courier for delivery to the address indicated by the CUSTOMER at the time of ordering, and the transport shall be deemed validly completed even if the two delivery attempts are unsuccessful due to the absence of the recipient or refusal of the goods.
If the CUSTOMER is absent at the time of delivery, the Courier will make a second attempt. If delivery is unsuccessful on the second attempt, the Customer must personally contact the courier or shipper as soon as possible to collect the Products and pay any additional charges for storage of the shipment.
Mokà Sportswear cannot be held liable for delayed or failed delivery by the courier due to force majeure and/or unforeseeable circumstances. Please note that, at no additional cost to the Customer, Mokà Sportswear, for internal organizational reasons, will have the right to deliver the purchased Products in multiple shipments, subject to sending a specific notification to the CUSTOMER at the email address provided during registration.
The Company will do everything in its power to monitor delivery. Considering the intrinsic value of the Products, the Company will take the utmost care in choosing Couriers. It is extremely important that the Customer carefully examines the external appearance of the packages upon receipt. Any tampering with the packaging, damage to the packaging and/or the product, or a discrepancy in the number of packages must be immediately reported by writing “RESERVE OF CONTROL” on the courier's proof of delivery. Once the courier's document has been signed, the CUSTOMER may not make any complaints about the external characteristics of the goods delivered. Any problems relating to the physical integrity, correspondence, or completeness of the products received must be reported within 48 hours of delivery, either by telephone by the CUSTOMER to 0535.658920, or by email to: info@cpmoka.it.
Invoicing
For each order placed on the Website, the Company issues a tax receipt for the shipped goods, placing it inside the package sent to the CUSTOMER. If you request an invoice, you MUST indicate this in the CUSTOMER MESSAGE section, providing your full name, address, tax code, VAT number, and SDI code. If no information is provided in this section, the goods will be accompanied by a tax receipt. Once the invoice has been issued, it will not be possible to make any changes to the information contained therein.
Liability
The CUSTOMER is solely responsible for the use of the site and its contents; the Company shall not be held liable for any disruptions and/or damages suffered by the CUSTOMER due to causes not attributable to the Company or, in any case, due to delays caused by malfunction, failure or irregular transmission of information, or causes beyond its control including, without limitation, system delays or outages, interruptions in operation or lack of Internet connection, interruptions, suspensions, or malfunctions of Internet access nodes, interruptions, suspensions, or malfunctions of electronic, postal, or electricity services; strikes or lockouts, including those involving its own staff, wherever they occur; impediments or obstacles caused by legal provisions or acts of national or foreign authorities; judicial measures or acts of third parties; or other causes not attributable to the Company and, in general, any impediment or obstacle that cannot be overcome with ordinary diligence by the Company in relation to the nature of its business.
The Company reserves the right to suspend or interrupt the Site connection service at any time for technical reasons, for reasons related to the efficiency and security of the services, or to suspend operations for precautionary reasons, without the Company being held liable for the consequences of any interruptions or suspensions.
The Company is not responsible for any fraudulent or unlawful use of credit cards by third parties during the purchase of Products. The Company, in fact, at no time during the purchase process is able to know the CUSTOMER's credit card number.
Nonetheless, the Company has taken the utmost care in selecting the banking network entrusted with transactions to ensure maximum protection and transparency for the CUSTOMER.
CUSTOMER Obligations
The CUSTOMER acknowledges and agrees that they may not reproduce, publish, or distribute the content of the Site externally, as further specified in the following articles on intellectual property of http://www.cpmoka.it/www.cpmoka.it.
The use by parties other than the CUSTOMER and/or public dissemination, in any form and on any medium, of the information, data, images, and services provided to the CUSTOMER is expressly prohibited, as is their processing, tampering, modification, reworking, resale, integration, duplication, transmission, or association with other data and information.
The CUSTOMER may not transfer to third parties the purchase contract possibly entered into with the Company or the rights arising from such contract. Once the online purchase procedure is completed, the CUSTOMER agrees to print or save an electronic copy and, in any case, retain these General Conditions, as well as the order acceptance communication received via email, in accordance with Articles 53 et seq. of Legislative Decree 206/2005 (Consumer Code) on distance selling.
The CUSTOMER is prohibited from entering false and/or fictitious data during the registration process on the Site.
In any case, the CUSTOMER remains responsible for providing inaccurate data. The CUSTOMER agrees to hold the Company harmless from any liability arising from the issuance of incorrect tax documents due to erroneous data provided by the CUSTOMER. Following an explicit request from the Company sent via email for the application of regulations on the prevention and fight against money laundering from illegal activities, the CUSTOMER agrees to provide a copy of their identity document. Failure to comply with this requirement may result in the Company refusing the order.
Communications
The CUSTOMER acknowledges and agrees that all communications, notifications, confirmations, information, reports, and any documentation regarding transactions carried out related to the purchase of Products will be sent to the email address provided during registration, with the possibility to download the information on a durable medium in the ways and within the limits provided by the Site.
Customer Service
For any information regarding the order and delivery of Products, the CUSTOMER will be assisted by phone during the hours and days indicated in the Contact section of this web site.
Contract Termination
In addition to what has been previously stated, the Company has the right to terminate these General Conditions for just cause by notifying the CUSTOMER. In such case, the CUSTOMER will only be entitled to a refund of any amount already paid. The obligations assumed by the CUSTOMER, as well as the guarantee of successful payment, are essential, so that, by express agreement, the failure by the CUSTOMER to comply with even one of these obligations will result in automatic termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial intervention, without prejudice to the Company's right to seek compensation for further damages.
Product Unavailability
In the event of unavailability of the ordered Products in stock, occurring after the order confirmation, the Company will promptly notify the CUSTOMER at the email address provided during registration. In such case, the CUSTOMER may:
- after verifying the waiting times for the ordered Products, choose to wait for their availability and confirm the purchase;
- terminate the contract by notifying the Company within the following 48 working hours. In this case, the Company will immediately cancel any payment already made by the CUSTOMER.
Jurisdiction and Competent Court
Any dispute relating to the application, execution, interpretation, and violation of purchase contracts entered into online through the website www.cpmoka.it is subject to Italian jurisdiction; these GENERAL TERMS OF USE AND SALE refer, for matters not expressly provided herein, to the combined provisions of Legislative Decree No. 50 of 15.1.1992 and Legislative Decree 206/05.
For any dispute between the parties regarding this contract, the Court of Modena shall have exclusive jurisdiction.