Terms and conditions
The user navigating in this area accesses moderniststylefactory.com, accessible via the url:
http://142.93.231.214/. The navigation and transmission of a purchase order on the site involve
the acceptance of the Conditions and Data Protection Policies adopted by the site itself therein
indicated.
1) The data of each order will be saved by Modernist on its systems. However, the customer may not, for security reasons, have free access to such data. Each customer is guaranteed restricted access using a username and password, in the area of the site called “My account”. In this reserved area, by entering their credentials, the customer can consult their concluded contracts, pending orders and those just forwarded, as well as update and save their contact details, any bank details and / or data relating to the subscription to the newsletter service. The customer undertakes to treat their login credentials as confidential and not to make them available to third parties.
2) By clicking on “Confirm”, the customer will formulate an irrevocable contractual proposal to Modernist, pursuant to and for the purposes of art. 1326 and 1329 of the Italian Civil Code, concerning the items contained in the cart (the “Order”). Upon forwarding of the order by the Customer, Modernist confirms the receipt of the order. Without prejudice to the right of withdrawal referred to in Section 6 of these GCS, the customer undertakes to keep the order firm, pursuant to art. 1329 of the Italian Civil Code, for 2 (two) Business Days from the time of dispatch, if the ordered item is marked as “available”. In the remaining cases, the order will be irrevocable, again pursuant to art. 1329 of the Italian Civil Code, for 4 (four) working days.
3) With the receipt by the customer of the confirmation of receipt of the order sent by Modernist or, in the absence of such confirmation, with the delivery of the items covered by the order, a binding contract must be considered stipulated between Modernist and the customer (the “Contract”).
4) Price and shipping costs Modernist reserves the right to change the prices of the items sold through the website www.moderniststylefactory.com at any time, it being understood that the price of the items on offer within the site must be considered as indicated until the time of sending the order. The prices indicated are retail prices, inclusive of VAT, all other taxes and shipping costs. Payment and delivery Unless otherwise agreed, the customer will pay the price of the items ordered in full, at the same time as placing the order. Modernist reserves the right to deliver the purchased items only after having received the payment of their full price. As part of the order forwarding process, Modernist may offer, at the latter’s complete discretion, various payment instruments, such as, by way of example, payment by credit card (Visa, MasterCard), payment through the protected “Paypal” system, payment by prepaid card (eg “Postepay”) and advance payment by bank transfer.
5) Modernist will not be responsible for non-delivery or delayed delivery in the event that: (a) despite having provided for the regular and timely purchase of the items to cover the order received, it has not been supplied in the terms and methods agreed with the supplier; (b) is unable to make up for the unavailability of such items; and (c) has promptly communicated to the customer such unavailability of the article, informing him of the right of withdrawal referred to in Section 6 below. In the event of unavailability of an article, Modernist will refund the customer any advance payments of the price within 30 (thirty ) days from the last between the day following that on which the order was sent and the day of receipt of payment.
6) Modernist will not be responsible for non-delivery or delayed delivery due to force majeure, such as – by way of example – strikes, measures of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, floods and damage to industrial machinery not dependent on Modernist’s fault. Modernist will promptly notify the customer of the occurrence and termination of a force majeure event. If the cause of force majeure persists for a period exceeding 4 (four) weeks, each party will have the right to withdraw from the contract.
7) In the event of a purchase made by a consumer, the risk of accidental perishing of the article remains with Modernist until the delivery of the article itself to the consumer or to another person indicated by the latter, in