General Terms and Conditions
1. Background
1.1. The general conditions of sale and use transcribed herein (the “General Conditions“) apply to the Italian and EU territories and are governed by the Consumer Code and regulations on electronic commerce.
1.2. The General Conditions set forth terms and conditions governing the relationship between the navigating user (the “Client“) of the website www.raremood.it., (the “Site“), and Goldman & Partner S.r.l. SB (“G&P“). By adhering to our Site browsing and e-commerce services, the Client automatically accepts the General Terms and Conditions set forth herein.
1.3. G&P is a Milan-based BCorp that, among other things through the Site, operates in the online marketing of sustainable furniture and design products.
2. General Terms and Conditions
2.1. Customers may purchase sustainable products on the Site previously selected by G&P based on sustainability criteria determined by its Research Center (the “Products“).
2.2. G&P reserves the right to prohibit the use of the Site by individuals who commit violations of these Terms and Conditions;
2.3. Any changes and/or new conditions will become effective when they are published in the “Terms and Conditions” section located in the Site’s footer.
2.4. In the event of any changes in the General Terms and Conditions, the General Terms and Conditions published on the Site at the time the purchase order is submitted will apply.
2.5. If the Customer does not wish to accept the changes to the General Conditions, he/she will refrain from making purchases on the platform and may request cancellation of his/her membership.
3. Site Registration
You will be able to register to the site in the “Login” section, where you will be asked to specify whether you are a Customer or Supplier, your reference email and name.
By registering as a supplier, the platform will direct you directly to the Supplier page in the Dashboard.
4. Product Information
4.1. The Products for sale on the Site are made by manufacturers in the supply chain of furniture, complementary furnishings, architecture, construction, design (hereinafter the “Manufacturers“), cosmetics, fashion, electronics, and anything else that can be used in a domestic context. The trademark of the Manufacturer is indicated in the company description on the Site.
4.2. The descriptions and images of the Products present on the Site are provided directly by the Manufacturers, who absolve G&P from any responsibility for discrepancies between the Product and its description on the Site, with the understanding that, in the case of an obvious discrepancy, the Customer has the right to terminate the contract or to request a price reduction.
4.3. All product prices are expressed in Euros (€) and include VAT, while shipping costs are calculated according to the destination location and are highlighted separately. In the event that, in order to ship the purchased product, there are additional costs that were not calculated in the order, these will be requested by e-mail at a later time to the Customer. The Customer will have the option not to accept them by canceling the order. Delivery times are given in the form of a minimum-maximum delivery date.
4.5. Products may be available in limited quantity and time duration. Customers are always encouraged to check the availability indicated next to the Product.
5. The figure of the Seller
5.1. The Products are sold by the Producer. G&P acts as a mere supplier of the e-commerce platform, disclaiming any responsibility in the commercial relationship that exists between Customer and Producer. Therefore, the Producer will be solely responsible for the sale of the Products, delivery, and handling of returns, withdrawals, and disputes with the buyer.
6. Purchase procedure and order transmission
6.1. The Customer may proceed with the purchase of the Products through an action by clicking on the “add to cart” button. Once the cart is filled with the selection of the desired items, the Customer may proceed to purchase them through the “Proceed to payment” button. The order procedure that follows will require a registration to the Site in the “Login” section, where you will be asked to choose between Customer and Supplier to indicate your email and name.
6.2. During the order procedure, the Customer will have the opportunity to enter his, her or their personal data, shipping address, possible alternate recipient, billing details, and credit card or PayPal information. At the end of the compilation, the Customer can check and modify the data entered. Once the data has been verified, the Customer will finally be able to validate and transmit the order (the “Purchase Order“) through a confirmation click on the “Buy” button.
6.3. The Purchase Order is considered as a contractual proposal of purchase by the Customer for the individual items included in the Purchase Order. Acceptance of the Purchase Order will be attested by an automatic “order confirmation” email in the case of payment by Paypal or credit card. The above automatic emails do not constitute acceptance of the purchase proposal, which will be finalized only after verification of the data and availability of the Products. The purchase contract will be considered finalized only when the purchased Product appears “in process” in the “Orders” reserved area available on the Site.
Products from different Manufacturers may be placed in the same “shopping cart”. Each Product will be shipped to the Customer by the Manufacturer.
6.4. The transmission of the Purchase Order constitutes an irrevocable commitment of the Customer to purchase. This commitment may be called into question only in the cases provided for by law.
6.5. Payment can be made by Paypal or Credit Card.
6.6. In case of payment by Credit Card, the Customer will receive an e-mail with the subject “order confirmation” certifying the acceptance of the proposed order and the correct receipt of payment by G&P. Please note that the provisions and payment information entered by the Customer in the financial circuits (credit card number, security codes), are processed through connection using the SSL Protocol (Secure Sockets Layer) and will not be stored in any way on our systems.
6.7. If, due to platform errors or other inconveniences, the price listed on the Site is lower than the actual sale price of the Product as determined by G&P, G&P will contact the Customer to verify if he/her/they wish to proceed with the purchase at the corrected price. In the event of a negative response, the order will be canceled, and a refund will be issued within 14 calendar days using the payment method selected by the Customer at the time of the order.
6.8. It is understood that all operations of execution of the Purchase Order by G&P and consequences of Manufacturers will take place only after G&P has received confirmation that the price has been credited.
7. Shipments: delivery of goods
7.1. Deliveries are made to the postal address provided by the Customer during the purchase process. The Customer is responsible for the address provided. No liability will be attributable to third parties for errors in the shipment or wrong delivery of products due to inaccuracies or incompleteness in the completion by the Customer of the Purchase Order.
7.2. Delivery times are approximate and are given on the Site in the form of a date range (minimum date/maximum date), taking into account the product production time and the time required to ship the goods. Following the processing of the Purchase Order with details on the place of delivery and method of payment, the Site will refine the calculation of delivery times in real-time. Deliveries are made by the shipper deemed most appropriate for the type of goods and shipping area. Indicatively, shipping times range from 10 – 12 days.
In case of payment by Bank Transfer, G&P will take charge of the order only after verification of the crediting of the payment. Therefore, the delivery time indicated in the Order Summary email will be added to the waiting time for the credit.
7.3. Customer acknowledges and agrees that a Purchase Order that includes multiple Products sold and shipped by different Manufacturers will result in the initiation of separate delivery procedures and, therefore, different delivery times for each Product and separate shipping costs. Customers are encouraged to always check the estimated shipping and delivery times for each Product as indicated on the Site next to the stated availability of the Product.
7.4. Delivery of each of the Products purchased is the sole responsibility of the Manufacturers.
7.5. In the event of defects immediately noticeable upon delivery, such as the number of packages not corresponding to the order or damaged packaging, the Customer is required to make an immediate report in writing through the Site within 3 (three) business days from the date of delivery.
7.6. The product file on the Site will contain a notice that if the Shipping Nation and the Customer’s Nation do not coincide with the Manufacturer’s Nation, additional customs duties may apply upon delivery. Customs policies vary considerably from nation to nation; to this end, the Customer is encouraged to contact the customs office in his or her country to verify any incidental taxes.
7.7. No liability can be charged for shipment delays or inability to deliver due to scheduled national or local holidays, strikes, riots, natural disasters, carrier accidents, theft, or robbery. If force majeure persists beyond a period of 3 (three) months, the order will be automatically canceled.
7.8. Any delays in delivery of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the products nor to claim compensation or indemnity of any kind. In the event that it is not possible to communicate to the Customer a reliable delivery date, it will be the right of G&P to propose to the Customer the cancellation of the order at no additional cost and with an immediate refund through the means of payment chosen by the Customer at the time of the order.
8. Right of withdrawal
8.1. If the Customer is a consumer, he/she shall be entitled to the rights set forth in Article 52 et seq. of the Consumer Code, and therefore, the right to withdraw from the purchase contract (“Right of Withdrawal”) for any reason, without reason and without penalty.
8.2. The Right of Withdrawal may be exercised with respect to all or only part of the Products.
8.3. To exercise the Right of Withdrawal, the Customer must send a notice of withdrawal within 14 (fourteen) days from the day on which the Customer or a designated representative takes physical possession of the purchased products. The address to which to send the notice of withdrawal are in the case of registered mail A/R: P.za A Mondadori, 3 – 20122 Milan (Italy) and in case of certified mail: postacertificata.goldmannandpartners@pec.goldmann.it
8.4. Pursuant to art. 59 of the Consumer Code, the Right of Withdrawal does not apply to goods made to measure, customized, or which, due to their structure, cannot be returned, are likely to deteriorate rapidly, or may be damaged. In the event that the product for sale falls into one of the cases referred to in Article 59 described above, the Site will report this indication with the phrase “Right of withdrawal does not apply” both in the product sheet and in the pages of the purchase procedure and in the order confirmation e-mails. Customers are invited to always check for the presence of such wording.
8.5. Following the proper exercise of the Right of Withdrawal, the Customer will receive on the e-mail address declared during registration all the instructions for returning the Products: the case number, the labeling to be applied to the packages, and the address to which to return the Products (or the contact details of a forwarding agent with whom to arrange pickup).
8.6. Pursuant to art. 57 of the Consumer Code, the return of the Products to the Seller must take place without undue delay, and in any case, no later than 14 (fourteen) days from the date on which the Consumer communicated his or her decision to withdraw. The date of receipt of the notice of withdrawal by G&P and the date of acceptance of the Product by the post office or the date on which the goods are taken over by a forwarding agent shall be deemed authentic.
8.7. If the Customer has exercised the Right of Withdrawal in accordance with the provisions of these conditions, G&P, in accordance with Article 56, paragraph 1 of the Consumer Code, will fully refund the sums paid by the Customer at the time of purchase, including shipping costs. The refund of the sums will be made through the same instrument adopted by the Customer at the payment stage, without undue delay, and in any case within 14 (fourteen) days from the day on which it is informed of the consumer’s decision to withdraw from the contract pursuant to Article 54.
8.8. The Customer will bear only the direct cost of returning the Products.
8.9. The returned Product must be returned in resalable condition, preferably in its original packaging, and accompanied by all accessories, if any. Pursuant to the Consumer Code, the Customer is responsible for the decrease in the value of the products resulting from handling the Products themselves other than what is necessary to establish the nature, characteristics, and verification of the functioning of the Products. In such a case, G&P reserves the right to ask the Customer for a refund of the decrease in value found. Therefore, although not provided by law a form of insurance on the return of the goods due to the exercise of the right of Withdrawal, the Customer is invited to adopt it.
9. Reimbursement for purchases of goods no longer available
9.1. The Products for sale may become out of stock, even after the registration of the Purchase Order. In the event of product unavailability, the buyer will be informed within 20 (twenty) days of the purchase order by email or telephone, and the purchase order will be modified to limit the product no longer available.
9.2. If payment for a Product that is no longer available has already been made, G&P will make a refund of the amount paid by the purchaser, including shipping costs, within the period of 14 working days from the notice of unavailability of the Product. The refund amount will be notified by e-mail and credited to the same means of payment used for the purchase.
9.3. G&P disclaims any liability for delays in crediting refunds for Products no longer available attributable to the banking institution used by the Customer for payment.
10. Claims on the Products in case of discrepancies.
10.1 Any discrepancies in the Purchase Order, incorrect items, damaged or defective items, or missing parts must be reported to G&P Customer Service no later than 3 (three) days after Delivery.
10.2. G&P will immediately notify the Manufacturer, who will contact the Customer to handle the problem. The Product may be, alternatively, repaired or, when repair is not possible, replaced.
10.3. The repair/replacement case is initiated upon receipt of the documentation transmitted by the Customer, accompanied by photographic material describing the damage complained of. The Customer is advised to keep the original packaging and delivery document.
The Manufacturer will contact the Customer within 3 Business Days in order to reduce the waiting time and provide every detail for the return of the purchased products, with particular reference to the place of destination of the return and wording to be affixed on the packaging.
10.4. When returning the return, it shall be the Customer’s responsibility to properly pack the parts in their original packaging to prevent damage.
11. Product warranty
11.1. All Products are covered by the legal warranty of conformity provided by the Consumer Code.
11.2. Manufacturers are solely and directly responsible for defects or discrepancies in production and warranty obligations under the law. Product warranty will be exercised in the manner and within the time prescribed by law directly by the Manufacturer.
11.3. Under the legal warranty, the Manufacturer shall be liable for conformity defects that become apparent within 2 (two) years after delivery of the Product.
11.4. The legal warranty stipulates that the Customer, under penalty of forfeiture, must report any lack of conformity in the purchased product to the Manufacturer within 2 (two) months of its discovery (art. 132, Consumer Code). Following such complaint, the Customer shall have the right to request the repair or replacement of the Product without prejudice to the other rights provided by law in favor of the Customer.
11.5. Products repaired, modified, or in any way altered by the Customer are excluded from the legal warranty. Also excluded from the scope of application of the legal warranty are any failures or malfunctions, or defects of any other kind caused by accidental events or by the Customer’s responsibility or by use of the product not in accordance with its intended use and/or with what is provided for in the technical documentation attached to the product, if any, or in the instructions for use relating to the same.
11.6. To exercise the warranty against the Manufacturer, the Customer may contact G&P’s Customer Service Department by writing to assistance@raremood.it , which will be available to offer any information that may be helpful in exercising its rights.
11.7. Where the Customer is a professional, as defined in art. 3 of the Consumer Code, has the right to make use of the legal guarantee provided for in the Civil Code. The legal warranty, in this case, is valid for the maximum term of 12 (twelve) months from delivery of the Product and provides, under penalty of forfeiture, the communication to the Producer of any defect found in the purchased product within 8 (eight) days of discovery.
11.8. In order to take advantage of the Warranty, it is recommended that you keep the purchase document.
12. Responsibilities of G&P
12.1. G&P’s liability for platform malfunctions such as incorrect receipt of Purchase Order confirmation due to blocking of email service, cyber-attack, or denial of service shall in no event be economically greater than the total value of the Purchase Order placed.