Terms of service

GENERAL TERMS AND CONDITIONS OF ONLINE SALE FOR CONSUMER CUSTOMERS PURSUANT TO LEGISLATIVE DECREE 206/2005

PREMISES
These General Terms and Conditions of Sale govern the purchase of products offered by MOSAIC S.P.A. through the website at the URL https://www.creative-cables.it.
MOSAIC S.P.A. markets the Products under the CREATIVE CABLES trademark, of which it is the exclusive owner.
By means of these General Terms and Conditions, the customer (purchasing as a consumer pursuant to Legislative Decree 206/2005) is informed, before submitting the Order, of the procedures and terms of purchase and of the rules governing the contractual relationship.

ART. 1 - DEFINITIONS
1.1 In these General Terms and Conditions, the following terms shall have the meanings set out below:
    a) Account: the online profile containing the Consumer Customer’s personal information, which can be accessed via credentials on the Website.
    b) Cart: the virtual container in which the Products selected by the Consumer Customer are collected.
    c) Catalogue: the catalogue of Products offered by Mosaic with the related price list, as displayed on the Website.
    d) Consumer Customer: the natural person who purchases the Products offered by Mosaic on the Website for purposes unrelated to any professional and/or business activity, and is therefore qualified as a consumer pursuant to the Consumer Code.
    e) Consumer Code: Legislative Decree no. 206 of 6 September 2005, as subsequently amended and supplemented.
    f) General Terms and Conditions: these general terms and conditions of sale (as well as any subsequent amendments and/or additions duly notified to the Consumer Customer) that govern the Contract with the Consumer Customer.
    g) Order Confirmation: the approval of the Order by Mosaic, notified to the Consumer Customer.
    h) Contract: the binding agreement governing the distance sale concluded from time to time between Mosaic and the Consumer Customer, subject to these General Terms and Conditions.
    i) Mosaic or Company: the company MOSAIC S.P.A., with registered office in Turin (TO), 10153, Lungo Dora P. Colletta no. 113/9, Tax Code and VAT no. IT0981327001, Tel: 800-034180; E-mail: info.it@creative-cables.com; PEC: mosaicspa@pec.it.
    j) Order: the Consumer Customer’s request to purchase the Products available on the Website, submitted through the relevant Order Procedure.
    k) Guest: the Consumer Customer who purchases on the Website without having an Account.
    l) Parties: jointly, Mosaic and the Consumer Customer.
    m) Order Procedure: the procedure on the Website for placing an Order by the Consumer Customer.
    n) Products: the goods offered by Mosaic on the Website.
    o) Website: the website at the URL https://www.creative-cables.it, relating to the CREATIVE CABLES trademark.

ART. 2 - SUBJECT MATTER
2.1 These General Terms and Conditions govern the Contract between Mosaic and the Consumer Customer for the distance sale of the Products offered by the Company on the Website, and are drafted in accordance with the provisions of the Consumer Code.

ART. 3 - CONCLUSION OF THE CONTRACT
3.1 The Consumer Customer may choose whether to purchase the Products (and thus proceed to the conclusion of the Contract) through an Account, which requires the creation of a personal reserved area, or as a Guest.
3.2 The Contract between the Consumer Customer and the Company shall be concluded by the Consumer Customer completing the Order Procedure on the Website, after selecting the Products and adding them to the Cart.
3.3 Once the Products have been selected, the Consumer Customer must enter the requested data in the fields marked as mandatory, then choose the payment method from those available.
3.4 Before completing the Order Procedure, the Consumer Customer may view an Order summary and the total amount due, including shipping costs.
3.5 To complete the Order Procedure, the Consumer Customer must pay the price using the methods expressly provided on the Website.
3.6 After payment by the Consumer Customer and subsequent submission of the Order, Mosaic will send the Order Confirmation by e-mail to the e-mail address previously provided by the Consumer Customer.
3.7 The Contract shall be deemed concluded only when the Company sends the Order Confirmation, after receipt of payment.
3.8 Mosaic reserves the right not to confirm the Order for any reason, notifying the Consumer Customer by e-mail and refunding any amounts already paid.

3.9 Once the Order has been placed and the Order Confirmation has been received from Creative Cables, the Order can no longer be cancelled or modified. This is without prejudice to the Consumer Customer’s right to exercise the right of withdrawal, where applicable, under the terms and conditions provided.

ART. 4 - PRICES
4.1 The prices of the Products, expressed in the local currency, are indicated on the Website and include VAT.
4.2 Shipping costs are calculated in the summary section during the Order Procedure.
4.3 Mosaic reserves the right to change the price of the Products and/or shipping costs at any time; the new prices will be promptly indicated on the Website and, for the Consumer Customer, the amount shown there at the time the Order Procedure is completed shall be binding. It is understood that, even in the event of a price change, in the case of a refund the Consumer Customer shall be entitled to the reimbursement of the amount actually paid.

ART. 5 - SHIPPING AND DELIVERY OF PRODUCTS
5.1 Shipping costs may vary depending on the place of delivery; in any case, once the Consumer Customer has filled in the “Address” fields during the Order Procedure, the relevant amount will appear in the summary section.
5.2 Following the Order Confirmation and in any case within no more than 3 (three) working days, Mosaic may inform the Consumer Customer of the temporary or permanent unavailability of one or more Products purchased by the Consumer Customer. In such a case, if the unavailability is permanent, Mosaic will refund the unavailable Product; if it is temporary, Mosaic will inform the Consumer Customer of the indicative time for new availability, and the Consumer Customer may cancel the individual Product and receive a refund of the amount paid for it.
5.3 Delivery of the Products will be carried out by carriers appointed by Mosaic, unless otherwise expressly agreed between the Parties; the Consumer Customer may choose among the carriers available at the time of the Order Procedure, depending on the type of delivery service.
5.4 Any delivery times indicated are to be understood as purely indicative and not binding.
5.5 At the time of delivery, it is the Consumer Customer’s responsibility to check the contents of the shipment and the condition of the Product before signing the transport document. If the packaging is clearly damaged, the Consumer Customer must accept the Product “subject to inspection”, describing the condition on the copy of the delivery receipt, specifying the issue found and taking photographs before opening the packaging as evidence of the defect.

5.6 The Consumer Customer must report the damaged condition of the Product, due to transport, to Mosaic within no more than 2 (two) working days from receipt of the Products by e-mail, attaching the photographs taken of the packaging and the damaged Products.

5.7 If the customer fails to collect the order and it is consequently returned to the sender, any request for a new shipment may be made only at the customer’s request. All costs relating to reshipment will be entirely borne by the customer.

ART. 6 - RIGHT OF WITHDRAWAL
6.1 The Consumer Customer is entitled to exercise the right of withdrawal, pursuant to Articles 52 et seq. of the Consumer Code, for all Products purchased on the Website, with the exception of customised Products: the right of withdrawal is expressly excluded, pursuant to Article 59(c) of the Consumer Code, for the supply of goods made to measure or clearly customised.
6.2 In cases other than the exception referred to in the previous point, the Consumer Customer may withdraw from the Contract, for any reason and without having to provide any justification, within 14 (fourteen) days from the date on which the Consumer Customer – or a third party designated by the Consumer Customer to receive the Products – acquires physical possession of the Products.
6.3 To exercise the right of withdrawal, within the period referred to in Art. 6.2, the Consumer Customer must inform Mosaic of their decision to withdraw from the Contract by means of:
    a) completing a return request within the reserved area. On the “My account” page there is a “My return requests” section; simply click “Add new request” and then enter the order reference (which can be found, if necessary, in the “My orders” section).
    b) using the link and subsequent guided procedure available on the Website in the “RETURNS AND REFUNDS” section;
    c) any other explicit statement of their decision to withdraw from the Contract.
6.4 If the Consumer Customer exercises the right of withdrawal, Mosaic will refund the full amount received from the Consumer Customer, including delivery costs, within 14 (fourteen) days from the day on which the Company is informed of the exercise of the right of withdrawal; Mosaic reserves the right to withhold the refund until it has received the Products back, or until the Consumer Customer has provided evidence of having returned them, whichever occurs first.
6.5 The amount to be refunded to the Consumer Customer will in any case be reduced by the cost of returning the Products (managed and organised by Mosaic), which, pursuant to Article 57 of the Consumer Code, remains payable by the Consumer Customer.
6.6 Mosaic will make the refund using the same means of payment used by the Consumer Customer for the initial transaction.
6.7 The Consumer Customer must return the Products without undue delay and in any event within 14 (fourteen) days from the date on which they informed Mosaic of their decision to withdraw from the Contract; this deadline shall be deemed met if the Consumer Customer sends back the Product before the expiry of the above period.

ART. 7 - LEGAL WARRANTY OF CONFORMITY
7.1 The Products are covered by the legal warranty of conformity pursuant to Articles 128 et seq. of the Consumer Code.
7.2 Mosaic is therefore liable to the Consumer Customer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within 2 (two) years from that time.
7.3 In the event of a lack of conformity of the Product, the Consumer Customer shall be entitled, alternatively, to have conformity restored, or to receive a proportionate reduction in the price, or to terminate the Contract.
7.4 For the purpose of restoring conformity of the Product, the Consumer Customer may choose between repair and replacement, provided that the chosen remedy is not impossible or, in comparison with the alternative remedy, does not impose disproportionate costs on Mosaic.
7.5 The Consumer Customer may also seek a proportionate reduction in the price or termination of the Contract in the cases provided for in Article 135-bis of the Consumer Code.

ART. 8 - OBLIGATIONS OF THE CONSUMER CUSTOMER
8.1 The Consumer Customer must read these General Terms and Conditions carefully before concluding the Contract and must also keep a copy of them.
8.2 The Consumer Customer must provide true, accurate and complete information and/or data.
8.3 By completing the Order Procedure, the Consumer Customer expressly declares that they are of legal age and have full legal capacity to act.
8.4 The Consumer Customer undertakes to read carefully the document containing the technical instructions of the Products and their specific characteristics, and to use them exclusively under the terms and in the manner prescribed therein, undertaking to request any clarification from Mosaic before completing the Order Procedure or before using the Products.
8.5 The Consumer Customer assumes all liability in the event of a breach of the above obligations and undertakes to compensate Mosaic for any harm caused by such breaches, as well as to hold Mosaic harmless from any adverse consequence, liability, damage and/or cost incurred by the Company as a result of a failure by the Consumer Customer to comply with the obligations assumed by accepting these General Terms and Conditions, including in relation to third parties.

ART. 9 - LIMITATION OF LIABILITY
9.1 Also pursuant to the provisions of the previous article and within the limits of the law, of Article 1229 of the Civil Code and of the Consumer Code, Mosaic shall not be held liable:
a) for any direct, indirect, special, incidental and/or consequential damage arising from improper use, non-use and/or inability to use the Products;
b) for any damage, cost and/or loss suffered by the Consumer Customer due to delay in delivery of the Products.

ART. 10 - FORCE MAJEURE
10.1 Mosaic shall be exempt from liability if it is proven that delayed or failed performance of its obligations is due to force majeure or unforeseeable circumstances (including, by way of example but not limited to: failures of telecommunications and public services, power outages, shortage of raw materials, strikes and/or lockouts, measures by the Public Administration, restrictions on transport and/or production activities, epidemics, pandemics, natural disasters of any kind, as well as any other cause beyond its control).
10.2 In the event of force majeure or unforeseeable circumstances, within the limits of applicable law, Mosaic shall also have the right to terminate the Contract, or to suspend and/or postpone its performance.

ART. 11 – GENERAL INFORMATION FOR THE CONSUMER
11.1 The Consumer Customer declares that they have read the General Information provided by Mosaic to consumers, available on the Website.

ART. 12 - PROCESSING OF PERSONAL DATA
12.1 The personal data provided by the Consumer Customer in the context of the Order Procedure and/or in connection with purchase transactions will be processed in accordance with the legislation on the protection of personal data, in particular in compliance with Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR) and Legislative Decree no. 196 of 30 June 2003, as last amended by Legislative Decree 101/2018.

ART. 13 - INTELLECTUAL PROPERTY
13.1 The intellectual property rights relating to the Website, to the trademarks displayed thereon, as well as any work of authorship, distinctive sign and/or name, images and/or logos, including those possibly affixed to the Products, are the exclusive property of Mosaic and/or its licensors. Any use and/or reproduction, even partial, is prohibited without the Company’s prior written authorisation.

ART. 14 - APPLICABLE LAW AND JURISDICTION
14.1 These General Terms and Conditions, the Contract and the resulting legal relationships are governed exclusively by Italian law.
14.2 The General Terms and Conditions are drafted in Italian; in the event of translation of the text into other languages, the Italian-language document shall be the only authentic and binding version between the Parties for the purposes of the validity of the meaning.
14.3 Any disputes that may arise between the Parties concerning the validity, interpretation and/or performance of the Contract shall be subject to Italian jurisdiction.
14.4 Any dispute between the Parties shall be submitted to the Court of the place where the Consumer Customer is resident or domiciled, if located within the territory of the Italian State.

ART. 15 - FINAL PROVISIONS
15.1 Under no circumstances may any conduct of the Consumer Customer that is inconsistent with these General Terms and Conditions be construed as a waiver thereof, nor as tacit acceptance by Mosaic, even if not expressly contested by the Company.
15.2 Any ineffectiveness or invalidity of one or more articles of these General Terms and Conditions shall not affect the validity of the remaining provisions, which shall remain valid and effective.
15.3 For any matters not expressly governed by these General Terms and Conditions, reference is made to the provisions of the Civil Code and to those of the Consumer Code.

Pursuant to Articles 1341 and 1342 of the Civil Code, the Consumer Customer, having carefully and specifically reviewed their content, expressly accepts the following articles: ART. 3 – CONCLUSION OF THE CONTRACT; ART. 4 – PRICES; ART. 5 - SHIPPING AND DELIVERY OF PRODUCTS; ART. 8 - OBLIGATIONS OF THE CONSUMER CUSTOMER; ART. 9 - LIMITATION OF LIABILITY; ART. 10 – FORCE MAJEURE.