Terms and Conditions of Sale
These Terms and Conditions of Sale (hereinafter “Terms” and/or “Terms and Conditions”) govern the sale and delivery of all products (the “Products”) ordered/purchased via the website shop.molteni.it (“Website”) between Unifor Inc d/b/a Molteni&C | Dada with registered office in 152 Madison Avenue 8th floor New York, NY 10016 (the “Company” or “we”) and a consumer, meaning a natural person acting for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity that may be carried out (“Customer” or “you”). For the sake of clarity, please note that the Website is owned by Molteni&C S.p.A. (VAT 00694950965) with registered office in 20833 Giussano, Via Rossini 50 (“Molteni&C”).
By accepting these Terms when purchasing a Product on the Website, you acknowledge to have read them and undertake to comply with them. You will not be able to purchase the Products through the Website if you do not accept the Terms.
The Terms apply regardless of where you are located, provided that the delivery of the products takes place in the US (see paragraph 7). Please note that we only ship in the United States of America and Puerto Rico.
The Terms that apply to the order are the ones in force at the time of purchase of the Product. No other terms or conditions shall be of any effect unless otherwise specifically agreed upon by the Company in a writing duly executed by the Company.
These Terms supersede any and all prior oral quotations, communications, agreements or understandings of the parties in respect of the sale and delivery of the Products and shall supersede any and all other terms and conditions contained in any order placed by a Customer otherwise communicated by a Customer.
2. Changes To The Terms And Conditions Of Sale
2.1. The Company reserves the right to make changes to Terms and Conditions from time to time, for any or no reason. Any amendments or updates to these Terms and Conditions shall be effective upon publication on the Website. The most recent version of the Terms and Conditions is published from time to time on the Website. In any case, each purchase is subject to the version of the Terms and Conditions in force at the time the relevant order is placed.
3. Conclusion of the purchase contract
3.1. In order to purchase a Product, you must select it and place it in your shopping cart, and you can change or delete any Products in the shopping cart at any time before finalizing the order.
3.2. By placing an order for Products on the Website, you expressly accept these Terms and Conditions of Sale which shall govern the purchase of the Products ("Contract").
3.3. Before confirming the order, you should check the summary to ensure that all data therein are correct. Any data entry errors may be corrected by using the appropriate data modification functions on the Website. After you have placed the order, you can correct errors by contacting the Customer Service of the Company at the following address firstname.lastname@example.org.
Please correct errors as soon as you become aware of them and in any case no later than 6 hours after placing the order. Should you correct the errors after such date, we cannot guarantee that your order will be processed/delivered. Should this be the case, we will cancel your order and inform you by email of such cancellation, and refund the price paid.
3.4. All orders are subject to written acceptance by the Company. Receipt and acceptance of an order, or rejection thereof, by the Company shall be confirmed by email sent to the email address indicated by the Customer when submitting the order (the “Order Confirmation”).
3.5. Once the purchase order has been sent and you have paid the price of the Ready to Ship Product and Art Pieces (see clause 6 – payment), we will send you the Order Confirmation, containing the order number and details of the order placed. (i.e., price of the Product(s), shipping costs, and address to which the Product(s) will be shipped). Once payment has cleared and the Product is ready for shipment, we will send you an email (the “Shipping Email”) attaching an invoice showing the total price paid for the Product(s), inclusive of shipping costs and sales taxes and depending on the product we will (i) schedule the delivery for products that require white glove delivery, or (ii) for products that do not require white glove delivery, send you the tracking number.
3.6. For Made to Order Products, once the order has been placed on the Website you will receive an email summarizing the Made to Order Products characteristics, the price and payment terms. Once you have paid the price, you will receive the Order Confirmation, containing the order number and details of the order placed. Once payment has cleared and the Product is ready for shipment, we will send you the Shipping Email attaching an invoice showing the total price paid for the Product(s), inclusive of shipping costs and sales taxes to schedule the white glove delivery. For Made to Order Products that will be shipped by our Official Retailer (see clause 7.1.ii.a-f), after receiving the Shipping Email, you will be contacted via email by our Official Retailer to schedule delivery and to provide you with the relevant contact details.
3.7. You should always keep the order number in the Order Confirmation for any communication with the Company.
4. Selection of products
4.1. You may purchase from the Website:
(i) Ready to Ship Products: meaning Products in the catalogue published on the Website and immediately available. In case the Product is not available, the wording “out of stock” would be displayed and you can order it pursuant to §ii below.
(ii) Made to Order Products: meaning Products that are not readily available and that would be custom made pursuant to your instructions and requests.
4.2. Each Product is accompanied by a description of its main characteristics. The images and colors of the Products in the description sheets may not correspond faithfully to the real ones, due to the settings of the information systems or devices used to display the Website. Therefore, the published images are to be considered for information purposes only. We encourage you to view the Products in our stores or contact support at email@example.com for more information about them. You can find a description of the materials and product’s characteristics on the product's dedicated page and you can seek additional information by contacting us via email at the following address firstname.lastname@example.org.
4.3. The Company reserves the right to make structural or formal changes in the Products and/or prices of the same or to discontinue any Product at any time without notice to Customers.
Note: Product cannot be ordered for testing purposes. You are responsible for the choice of the Product or Products you order and Products may only be returned as provided in Section 11.
5. Product prices
5.1. Sales prices are expressed in USD and shall be exclusive of applicable sales taxes and shipping charges. All applicable sales taxes and shipping charges shall be added to the price at check-out, and you shall have an opportunity to review all such charges prior to completing and submitting an order. The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment. Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.
5.2. The sales prices are those published on the Website at the time of placing the purchase order. Please note that the prices may change at any time without notice, and it is your responsibility to check the final price before submitting the order.
5.3. The prices include standard packaging.
5.4. In the event that any items on the Website are mispriced, the Company shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an Order Confirmation or paid for the order. If the order is cancelled by the Company after payment has already been made, the Company will refund the amount of the incorrect price to the Customer in due course.
6. Payments; billing; refunds
6.1. The following methods are accepted for payment:
➢ Credit card (Visa, Mastercard, American Express; Maestro);
6.2. You must pay at the time of order through the Website or after receiving the email indicating the price of the Made to Order Products in accordance with the payment terms set forth in such email. The Company reserves the right not to accept the order if the relevant provider of the payment instrument fails to authorize the payment. Products will not be shipped unless and until full payment has been received and cleared by the Company.
6.3 Any refunds of amounts paid to the Company will be made using the same payment method that you have used to make the purchase. Refunds will be processed in the time and manner provided by the provider of that payment instrument in accordance with Section 11.
7. Shipping and delivery of products
7.1. Products purchased on the Website are delivered to the shipping address you have indicated when purchasing the Product. The delivery of the Products is made through couriers appointed by the Company or by our trusted Official Retailer (as defined below).
- Ready to Ship Products
Ready to Ship Products would be shipped via ground transportation from our warehouse in Bayonne, NY.
- Made to Order Products
Made to Order Products, once produced and delivered to our warehouse, would be shipped via ground transportation from our warehouse in Bayonne, NY.
7.2. Shipping charges will be displayed in the online shopping cart at the checkout screen. Please note that the delivery times are estimates only and non-binding nor a representation by the Company. The Company shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment. Notwithstanding the foregoing, in the event that the Company is unable to ship a “Ready to Ship Product available in stock” within thirty (30) days of receipt of payment in full, the Customer will receive an email from the Company notifying the Customer of the delay in shipment. At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay. All orders (being “Made to Order” or “Ready to Ship” or “Art Pieces”) which are shipping to Alaska, Hawaii and Puerto Rico may be subject to additional delivery charges, which will be quoted before the order is placed.
7.3. You will receive an estimated ship date for your orders in the Shipping Email. Please note that “Made to Order Products” and “Ready to Ship products not available in stock” will require a longer delivery time of up to 13-18 weeks after the order is placed. Ready to Ship Products marked as “in stock” generally ship within 2 business days after your order is placed. We do not ship on weekends or holidays.
Note: We currently only ship to addresses within the United States.
7.4. When referring to delivery, we refer either to white glove delivery or to delivery by our courier, as specified in the Shipping Email. Any additional service will have to be paid for separately. Special arrangements for delivery to be carried out in particular conditions will have to be agreed upon in advance in writing. Please note that it is your responsibility to ensure that there is adequate access and space to receive and place the Product at the time of delivery. If, due to omitted, incorrect or partial information provided, the delivery is not possible (e.g. presence of non-standard spaces, stairs, structural impediments) the cost of possible use of different tools and equipment for delivery of the Product will be fully borne by you.
7.5. Unless it is specified in the order, we do not offer assembly service for the Products purchased online.
7.6. Once the Products are ready to be delivered, you will receive an email indicating the name of the courier/Official Retailer, the estimated delivery time, the shipping number so you can monitor the status of your order. The date of shipment is the date on which the Products are entrusted to the courier.
7.7. Products belonging to the same order can be delivered in partial deliveries. Partial deliveries do not entitle you to refuse the delivery and/or to obtain compensation.
7.8. The delivery is completed and title to the Products passes when the Products arrive to their destination at the address indicated by you and assembled when agreed upon. The bill of delivery issued by the carrier/Official Retailer, dated and signed, is proof of the successful transport and delivery of the Products, and determines the start of the legal warranty period.
At the time of delivery, you must check that:
- the number of packages corresponds to the number indicated in the relevant bill of delivery;
- the Product and package are intact, undamaged, neither damp nor altered, and that the contents are intact.
If you notice any anomalies, you should either refuse the delivery or report on the bill of delivery in writing your observations as to the anomalies. If you sign the bill without reservation, you will be prevented from disputing the above. Issues relating to the quantity, integrity, compliance and completeness of the Products that have been delivered must be reported to the Company and or the Official Retailer (with respect to Made to Order Products to be shipped in the territories mentioned under clause 7.1.ii.a-f) within 2 days after delivery.
7.9 Molteni&C offers a free pick-up service at our warehouse in New Jersey. Should you choose this option at purchase, you will receive a confirmation email including the following information:
- Dimensions of item(s)
- Pick-up ready date
- Release number
Item(s) will only be released to the customer in possession of their order confirmation and release number at pick-up.
Molteni&C will not be held responsible should a pick-up not be successfully completed due to:
- Absence of a release number at pick-up
- Pick-up vehicle unsuitability
- Any incident, including damage to the item(s), that occurs during transport after pick-up
8. Failure to accept delivery
8.1. When the Products are ready for the delivery, the courier will contact you agreeing upon the delivery date at the location indicated in the order. The Customer or his/her authorized representative, who shall be at least eighteen (18) years of age, shall be present at the address provided at the time of delivery.
8.2. If the delivery does not take place on the delivery date agreed for reasons that are attributable to you, the courier will keep the Products in its warehouses and additional charges could be applied to you for this service. The courier will set a new date for the delivery to be carried out.
8.3. In case of failure and/or if the Products are not collected and therefore the courier returns the Product to the Company and/or the Official Retailer, the storage of the Products will be borne by you. If you are unable to accept the delivery of the Product within 60 days from the notification that the Products are ready for delivery and are stored at the Company’s/Official Retailer’s warehouses then the Company would be entitled to terminate the Contract by sending written notice and would also be entitled to retain all sums paid by you at the time of purchase order, and may dispose of the Products as it sees fit, including via resale, and you shall have no further rights or title therein; provided, however, that you shall remain responsible for the costs of any storage fee related to the storage of Products and for any net deficiency on resale.
9. Events of force majeure
9.1. Any delay in the performance of any of the duties or obligations by the Company hereto shall not be considered a breach of the Terms and Conditions and the time required for performance shall be extended for a period equal to the period of such delay when such delay has been caused by or is the result of any acts of God, acts of the public enemy, epidemic, pandemic, insurrections, strike, riots, embargoes, fires, explosions, floods, acts of terrorism, shortages of materials, equipment or energy, delays in transportation, failure of any party to perform any contract with the Company related to the production of the Products, blackouts or governmental laws, regulations, orders or actions, or other unforeseeable causes beyond the control and without the fault or negligence of the Company. Should this be the case, the Company will inform you of the delay and the order will be suspended.
10. Customer’s representations and warranties
10.1. You represent and warrant:
(i) to be able to enter into this agreement;
(ii) to be of legal age;
(iii) that you will use the Website in accordance with all the applicable laws and regulations, refraining from any direct/indirect use that is contrary to the law, these Terms and Conditions or detrimental to the rights of third parties;
10.2. You undertake to hold us harmless against any liability, action, cost, expense and claim that may arise from your violation of the representations and warranties referred to in Article 10.1, without prejudice in any case to the Company’s right to terminate the Contract or your account on the Website with immediate effect.
11. Return of Products
11.1. You have the right to return for any reason any Products you purchased, within 30 (thirty) days after delivery of the Products. PLEASE NOTE THAT THE COMPANY WILL NOT ACCEPT THE RETURN OF MADE TO ORDER PRODUCTS, AS THEY HAVE BEEN CUSTOMIZED FOR YOU ACCORDING TO YOUR PERSONAL REQUESTS AND ART PIECES. If you have purchased several Products in a single order, the return period for each single Product expires after 30 (thirty) days from the day on which you or a third party designated by you acquires physical possession of such Product.
11.2. You must state clearly your intention to withdraw from the Contract and should inform the Company accordingly by sending an email to email@example.com with the description of your order, your Order Confirmation number and the reason why you want to return the Product. You should clearly state in the subject of your email that you want to return the Product by stating RETURN ORDER NUMBER [__].
11.3. In order to comply with the return period, it is sufficient to send the communication concerning the exercise of the right of return before the expiry of the return period. Upon receipt of the return request, the Company will immediately notify you by email of an acknowledgement of receipt.
11.4 In the event of a Product return, the Company will reimburse you all payments made by you by no later than 14 days after receipt of the Products by us, provided that the Products, after inspection, have not been damaged by you and all the return conditions set forth herein have been met. The cost to send back the product will be borne by you. NO RETURNS WILL BE MADE IN CASE THE PRODUCT RETURNED IS DAMAGED.
11.5. You shall return the Products to the Company without undue delay and in any case within fourteen (14) days from the day on which you notified the Company of your intention to return the Products. The deadline is deemed to have been met if you return the Products within the above timeframe at the following addresses:
Ready to ship Products
Molteni&C @ Tramo at Home New York
99 Hook Rd – Section 3
Bayonne, NJ 07002
Attn: Jackie Hernandez
The costs of returning Products are your responsibility. The Company will refund you once the Products are received at the abovementioned addresses and we have determined that all the return conditions set forth herein have been met.
12. Products warranty
12.1 EXCEPT AS OTHERWISE SET FORTH HEREIN, PRODUCTS ARE SOLD ONLY WITH THE 1-YEAR LIMITED WARRANTY DESCRIBED IN THIS SECTION. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY PERSONNEL ARE NOT AUTHORIZED TO ALTER THESE WARRANTIES.
The Company warrants that its Products are free from material defects in materials and workmanship, excluding the specific limitations set forth below for a period of one (1) year from the date the Products are delivered to the Customer. Any alteration by Customer of goods sold shall render this warranty void. This warranty shall not apply to discount merchandise and to Products sold “as-is”.
12.2. The warranty applies only to the Customer and does not apply to damages, defects, failure or loss that result from:
- Natural wear and tear of the Products, movable parts, or covering materials (such as casters, applied materials, lacquered surfaces, veneers, glass, marble, stone);
- Accident, misuse, abuse, neglect, unusual physical stress, improper operation, maintenance, handling, installation, non-compliance with the general instructions of normal use, and exposure to extreme environmental conditions (e.g., climate, humidity, chemicals) or conditions beyond performance and design specifications;
- Careless use or inexpert maintenance, repair, cleaning or care contrary to Company’s maintenance instructions;
- Materials supplied by Customer and Customer’s own material purchased by the Company (not original parts), modifications to the Product or changes in construction requested by Customer or alterations of the Products (including, but not limited to purchaser-applied finishes);
- Third party mechanisms like ball bearing, locks, sliding runners etc. are covered by guarantee for the period indicated by the specific manufacturer;
- Use of sharp objects (e.g., writing tools) on the surface of the Products; and
- An act of God, fire, earthquake, flood, high wind, war, strikes or other causes beyond the Company’s reasonable control.
12.3. The Company is not responsible for damages which have occurred due to transport and have not been notified to the courier at the time of delivery in accordance with Section 7. You should notify the courier of such damages immediately after the receipt of the Products pursuant to clause 7.8 above.
12.4. To make a claim:
(i) for Ready to Ship Products: send an email to firstname.lastname@example.org to obtain the instructions to make the claim and to return the goods.
(ii) for Made to Order Products that you have received from one of our Official Retailers (see clause 7.1.ii.a-f) send an email to the contact detail indicated by our Official Retailer to obtain the instructions to make the claim and to return the goods.
(iii) for Made to Order Products that you have received directly from us, send an email to email@example.com to obtain the instructions to make the claim and to return the goods.
(iv) Art Pieces that you have received directly from us, send an email to firstname.lastname@example.org to obtain the instructions to make the claim and to return the goods
If the Company, after reasonable inspection, deems a Product defective as a result of a defect in materials or workmanship, the Company, in its sole option, shall repair or replace, subject to availability of replacement materials or Products, the defective Product at no cost to the Customer. If identical materials are not available at the time of repair or replacement, the Company will replace the Product with a Product which is similar in function and quality; in such event, you may refuse the replacement, and the Company will refund the amounts paid by you. If the replacement or repair of the Product is impracticable, the Company will either refund the price paid for the Product (provided that the Product is delivered back to the Company) or grant a price reduction, at the Company’s option. Please note that the warranty covers only Products that have been purchased online directly from the Company and does not extend to Products that you have purchased from a subsequent owner/retailer.
The Company may change the terms or availability of this Warranty at any time at the Company’s sole discretion without prior notice, but such changes will not apply to any Products purchased prior to the effective date of such change.
13. Limitation of Liability
IN NO EVENT WE SHALL BE LIABLE VIS A VIS ANY CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO CUSTOMER, AND CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS.
The Company is committed in protecting your privacy rights according to General Data Protection Regulation, as well as the relevant US privacy provisions.
15. Intellectual Property
Molteni&C owns the intellectual property rights on the Website, the photos displayed on the Website, the trademarks and the Products displayed therein. It is prohibited to copy the content of the Website and to use, in any manner, the images, trademarks and any other element displayed on the website.
16. Applicable law and jurisdiction
These Terms and Conditions are entirely governed by the laws of New York. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these Terms and Conditions shall be resolved in the courts of the State of New York, County of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.