It is with great pleasure that we welcome you to the website www.mollyflex.it (hereafter called the “Site”), the official on-line store of Mollyflex.
We ask you to carefully read the terms and conditions (hereinafter, “Terms and Conditions”) governing the relationship between Mollyflex and each User with regard to the use of the Site, to print a copy of it or to save it on a durable medium and to keep it. Subject to mandatory legal provisions, the relationship between Mollyflex and Users is governed by the Terms and Conditions, which are deemed to be read and accepted by Users. Users are encouraged not to use the Site if they do not agree to the Terms and Conditions.
Mollyflex reserves the right to modify the Terms and Conditions periodically by posting an updated version on the Site. Your use of the Site after the publication of the changes will constitute your acceptance of them.
The products on the Site are sold by Mollyflex, with registered office in Via XX Settembre n° 24 – 25124 Brescia VAT number 031100700988, Registered in the Company Register of Brescia under the number of REA BS-505834.
Mollyflex makes reasonable efforts to ensure that the information published is accurate and up-to-date. However, it is not possible to guarantee that there will be no errors on the Site. The published information and documents may contain incorrect data or typographical errors. In any case, the weights, dimensions and volumes of the products are indicative; In addition to this, even though we make every reasonable effort to ensure that the colours of our products are displayed as more accurately as possible, we cannot provide any assurance that the colours displayed on the screen will reflect exactly those of the ones being delivered.
Mollyflex reserves the right to modify, at its own discretion, the contents of the Site and the legal notes any time, without notice and without posting and/or sending any information about it.
Access to the Site and its use may be interrupted in whole or in part; moreover, the Site itself and the server that makes it available may contain viruses or other harmful elements. In any case, Mollyflex cannot be held responsible for any damages of any kind caused, directly or indirectly, by access to the Site, by the impossibility of accessing it and by its use.
The sales price of each product is the one posted on the Site when you submit your purchase order. This price is confirmed in the e-mail with which Mollyflex confirms receipt of the purchase order (see Article 4.4 below).
All published prices are in Euro and include VAT. Shipping costs are not included; these are indicated when the purchase order is formed.
If an error on the indication of the price of the products ordered or the shipping costs should be detected by Mollyflex, the User will be informed as soon as possible and will be offered the option to confirm the order at the correct price or cancel it. In the latter case, Mollyflex will refund the amount paid within 30 days of receipt of the notice by which the User informs on the choice to cancel the order.
Online purchases: order submission
Purchases on the Site may only be made by people over the age of 18.
Acceptance of each purchase order is subject to the actual availability of the relevant product. The products offered on the Site may, in fact, be unavailable or available in limited quantities.
The purchase process consists of the following steps:
add the desired products to your basket;
select the shipping method, enter the address where you would like to receive the product(s) and view the costs;
enter the required billing information;
you’ll be asked to read carefully and accept the “Terms and Conditions”;
select one of the payment methods indicated on the site;
carefully check the selection made, the total price, including shipping costs, and any other aspects of the contract before validating the order;
pay the total cost of the selected product(s) and submit the purchase order.
Once the purchase process is complete, a confirmation of receipt of the order submitted by the User is sent immediately. This confirmation is sent by e-mail to the e-mail address indicated by the User and contains all the data relating to the order (identification number, information relating to the User, data of the product(s), total price, payment methods, costs and delivery times, information regarding the right of withdrawal) and the referral - through a link to the relevant page of the Site - to the Terms and Conditions accepted by the User.
The accepted payment methods are indicated on the Site on the dedicated page. Payments must be made in Euro. Mollyflex retains ownership of the sold goods until receipt of payment of the goods and shipping costs, as well as any interest in late payment and/or compensation.
Acceptance of purchase order and completion of sales contract
The sales contract is concluded through Mollyflex's acceptance of the purchase order in accordance with Article 4.5 above.
Mollyflex reserves the right to reject an order, in whole or in part, in the following cases:
if the product is not available;
if the payment details provided are incorrect or unverifiable;
if the security system reports an order as unusual or potentially fraudulent;
if there is reason to believe that the person placing the order is not 18 years old;
if there is reason to believe that the person placing the order is a reseller;
if delivery to the address provided is not possible;
in case of force majeure.
Shipping restrictions - place of delivery
"C/o” postal addresses and military addresses APO are not allowed.
Shipments are made from Monday to Friday, except public holidays.
Mollyflex is committed to doing everything reasonably possible to deliver the Products within the deadlines set out in the relevant order acceptances. These deadlines are indicative and Mollyflex assumes no responsibility for their compliance. In any case, where it is not possible to meet these deadlines, Mollyflex will inform the User within 30 days of receipt of the relevant order. Incorrect communication of an address is the responsibility of the User and may entail additional costs that will be recovered from the User.
All goods will be shipped by Mollyflex. If the product is not delivered within the indicated time, please contact Mollyflex at the e-mail address email@example.com the order number. In case of failure to receive the product within 30 days from the date of acceptance of the relative order, the User has the possibility to withdraw from the contract, obtain the cancellation of the same order and the full refund of the price paid.
Defective products or incorrect shipments
Upon delivery, the User is required to check that the packaging is not damaged and, if the product is damaged or does not conform to the order sent, not to accept the shipment, clearly noting on the delivery note the nature of the damage and/or the error.
You must notify Mollyflex of the problem within 24 hours of delivery by sending an e-mail firstname.lastname@example.org
Mollyflex will bear all shipping costs related to the return of unaccepted products.
Right of withdrawal
The Consumer has the right to withdraw from the contract without any penalty and without specifying the reason, within 10 (ten) working days of delivery of the product(s). The right of withdrawal does not apply to customized items.
The substantial integrity of the product(s) to be returned is an essential condition for the right of withdrawal, pursuant to Article 67 of the Consumer Code.
In order to exercise the right of withdrawal, the Consumer must follow the following procedure:
Step 1: Send a written communication to Mollyflex's office, by registered letter with notice of receipt, with the identification number of the relevant order and the willingness to withdraw from the sales contract. In any case, the communication can be sent, within the same time limit, also by e-mail to the address email@example.com, provided that it is confirmed by registered letter with notice of receipt within 48 (forty-eight) hours.
Step 2: Within 48 (forty-eight) hours of receipt of the notice concerning the exercise of the right of withdrawal, Mollyflex will communicate the instructions for the return of the products; In particular, the Company will send, by e-mail, a label containing all the necessary data to guarantee a correct shipment (User data, delivery address, the courier identification data and the telephone number of the same courier in order to agree on the withdrawal of the product, etc.). Shipping costs related to the return of the products are borne by the User and will be communicated by the above e-mail.
Step 3: Package the Product (possibly with original packaging, genuine labels, accessories, instructions for use, and warranty sheets). Using the original packaging will prevent damage during transport. Print the label sent by Mollyflex and tape it to the package(s);
Step 4: Ship the product within 10 (ten) business days of receiving the return instructions (i.e., the e-mail with the label);
Step 5: Mollyflex will reimburse the amounts paid by the Consumer within 30 (thirty) days of the date on which he received the notice regarding his will to withdraw from the Contract, unless the goods have been delivered to the carrier, by the same User, incomplete or damaged. In such a case, Mollyflex will immediately inform the Consumer of the defects found on the products and of the impossibility to accept the return.
The above withdrawal procedure applies only to purchases made through the Site.
Limitation of liability
In addition, Mollyflex assumes no liability with regard to:
(a) any loss not foreseeable by the contractual parties at the time the contract of sale is concluded and related to the supply of the products and services or their use;
(b) any loss not due to a failure of the Company;
(c) losses arising from commercial activities.
In any case, Mollyflex's liability is, however, limited and may not exceed the purchase price of the products.
Articles 128 to 135 of the Code of consumption shall apply to the contract. Mollyflex recommends you to always keep copies of the purchase documents, such as the order, invoice, delivery note, etc.
Mollyflex is responsible for any lacks of conformity that occur within 2 (two) years of delivery of the goods. The Consumer shall not be entitled to the guarantee if the lack of conformity is not reported within 2 (two) months of the discovery. The complaint must be made by registered letter with acknowledgement of receipt sent to Mollyflex, Via Carpenedolo, 87 46043 Castiglione delle Stiviere. In any case, the action aimed at enforcing the lacks of conformity is prescribed in 26 (twenty-six) months from the delivery of the goods.
Mollyflex will take delivery of the defective product to see if the malfunction is due to a lack of conformity. In particular: (I) for defects occurring within the first 6 (six) months of the date of delivery of the product, the verification is always borne by Mollyflex, since it is presumed that such defects exist from the time of delivery; (ii) six months after delivery, in the event that the malfunction does not depend on a lack of conformity, Mollyflex reserves the right to ask the Consumer for the reimbursement of the cost - which will be indicated in advance - incurred for verification.
The Consumer may, at his choice and without any expense, request repair or replacement, unless the remedy requested is objectively impossible or excessively onerous with respect to the other. One of the two remedies shall be deemed to be excessively onerous if it imposes unreasonable costs on the seller in comparison with the other, taking into account: (a) the value of the asset if there were no lack of conformity; (b) the extent of the lack of conformity; (c) the possibility that the alternative remedy may be carried out without significant inconvenience to the consumer.
Repairs or replacements will be made within a reasonable period of time from the request.
The Consumer may, at his option, require a reasonable reduction in the price or termination of the contract where one of the following situations arises: (a) repair and replacement are impossible or excessively onerous; (b) Mollyflex does not repair or replace the goods within a reasonable period; (c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.
Contacts. Questions, complaints, comments and service contacts
Limitation of use and intellectual property rights
All trademarks, product names and trade names used in this Site are covered by property rights. The User is not allowed to use or reproduce such marks, names and names, as this may violate the rights of the owners. The design, organization of functions, texts, documents, videos and all other materials of the Site are protected by Mollyflex copyright or its suppliers. The User is allowed to electronically copy and print portions of the Site only to the extent necessary to place an order. The User cannot make any other use of the Site information and materials, including reproduction, modification, distribution or (re)publication for any purpose other than those indicated above. The User who wishes to use the materials and information of the Site is required to obtain prior authorization from Mollyflex.
Use of your information and suggestions regarding the Site
Use of suggestions you have submitted to Mollyflex regarding new products, features or processes
Mollyflex has the right to keep the material forwarded to it, to make copies and to keep it in its archives.
Applicable law and court of jurisdiction
These Terms and Conditions are governed solely by Italian law.
Without prejudice to the provisions of Article 63 of the Consumer Code in relation to proceedings in which a Consumer is party, the Court of Brescia is competent to decide on any dispute arising with reference to these General Conditions.
The whole of the Agreement
These Terms and Conditions supersede all other terms previously applied to the User.
If any of the Terms and Conditions are declared void, invalid or unenforceable, the other terms and conditions shall remain in force and the portion declared void and invalid shall remain in force to the extent permitted by law.
Pursuant to Articles 1341 and 1342 of the Civil Code, you acknowledge that you have read and specifically approve the following clauses: Article 2 “Accuracy of Content”; Article 11 “Limitation of liability”; Article 18 “Applicable law and jurisdiction".
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