Terms and Conditions of Sale
Dear Customer,
We would like to inform you that the General Terms and Conditions of Sale set forth below—in compliance with current consumer protection laws—outline the terms and procedures for making online purchases of the products you are interested in on the website www.momia.it in a secure, easy, and convenient manner. Therefore, we ask that you read and accept these terms in order to proceed with your purchase. By confirming your order, you automatically agree to the following terms and conditions:
Art. 1 SUBJECT MATTER
These general terms and conditions of sale govern the sale of products marketed by MOMIA di MMA S.A.S. di Michela Zucchini e C., with its registered office at Via Goito 10 in Bologna, through the website www.momia.it to consumers.
The General Terms and Conditions of Sale take effect as of the date the customer accepts them on the website, which constitutes acceptance for all intents and purposes pursuant to Article 1341 of the Civil Code.
MOMIA di MMA S.A.S. di Michela Zucchini e C. reserves the right to modify these General Terms and Conditions of Sale at any time by posting the updated version on the website.
Art. 2 PURCHASE PROCEDURES
Products are purchased by accessing the website and registering an account. A description containing the main characteristics of each product is available on the website. All information provided to assist with the purchase is intended solely as general informational material; it is understood that the image accompanying the product description may not perfectly represent its characteristics but may differ in color, size, product, labels, and packaging. The images are for illustrative purposes only.
MOMIA di MMA S.A.S. di Michela Zucchini e C. will confirm proper receipt of the order via an automated email response sent to the email address provided by the customer at the time of registration.
This confirmation message will include an “order number” to be used in any communication with MOMIA di MMA S.A.S. di Michela Zucchini e C.
The message will include all the information entered by the customer, who agrees to verify its accuracy and promptly report any corrections. In the event that the order is not accepted, MOMIA di MMA srls guarantees prompt notification to the customer.
Art. 3 PAYMENT METHODS
All prices listed on the website are retail prices and, therefore, include Value-Added Tax (VAT).
Prices are subject to change without prior notice, and the only valid price is the one indicated at the time of order confirmation.
For certain products subject to price promotions, MOMIA di MMA S.A.S. di Michela Zucchini e C. reserves the right to accept orders by reducing the quantity, subject to prior notification and acceptance by the customer; failing which, the order shall be deemed canceled.
PAYMENT METHODS: You can choose to pay via the secure PayPal payment system, which allows you to make online payments with the highest standards of security and protection for the buyer against cyber fraud. You do not need a PayPal account to complete the payment, and you can also use the system with credit cards. PayPal accepts Visa, Mastercard, Visa Electron, PostePay, Discover, Maestro, and Carta Aurea.
For payments via BANK TRANSFER, the merchandise will be shipped only after we have verified that the funds have been credited to our bank account, generally no sooner than 3–5 business days. The bank transfer must be made payable to MMA S.A.S. di Michela Zucchini e C., Via Goito 10, 40126 Bologna (BO), Banca di Desio, IBAN IT21K0344036670000000227100. To expedite shipping, you may send proof of payment to: info@momia.it or
. For further information or assistance, please contact MOMIA of MMA S.A.S. di Michela Zucchini e C. at the email address: info@momia.it
Art. 4 DELIVERY TERMS
To ensure accurate and timely delivery to customers, MOMIA di MMA S.A.S. di Michela Zucchini e C. ships via express courier.
For each order placed, MOMIA di MMA S.A.S. di Michela Zucchini e C. issues a sales receipt or an appropriate shipping document for the shipped goods, followed by the issuance of an invoice in accordance with the law if the buyer provides a VAT number.
The information provided by the customer at the time of ordering will be used for the issuance of the invoice.
The customer may request a copy of the invoice or tax receipt within three months of its issuance.
Shipping is FREE in Italy for orders of €50.00 or more; for orders below this amount, shipping costs are the customer’s responsibility. Shipping costs will be added and clearly specified before the order is confirmed and at the time of final confirmation and validation (see shipping costs).
Upon delivery, the customer is required to check:
- that the packaging is intact, undamaged, dry, and has not been altered in any way;
- that the number of packages matches the number indicated on the shipping document.
Any damage to the product or packaging, or discrepancies in the information provided, must be immediately reported to the carrier by noting “subject to written inspection” on the carrier’s delivery receipt. Once the carrier’s document has been signed, the customer may not raise any objections regarding the external condition of the delivered item. If the goods held in the courier’s warehouse are not picked up within 5 business days due to repeated failure to deliver to the address provided by the customer at the time of the order—caused by the recipient’s absence—the order will be considered final, subject to the possibility of arranging a further delivery at the recipient’s expense.
Art. 5 WARRANTY
MOMIA by MMA S.A.S., owned by Michela Zucchini and C., does not provide any warranty on its products beyond that provided by the individual manufacturers.
Art. 6 RIGHT OF WITHDRAWAL
Pursuant to Article 52 of the Italian Consumer Code and subject to the exceptions set forth in Article 59 of the same code (see, in particular, the case of the purchase of clearly personalized goods or the supply of sealed goods that cannot be returned for hygiene reasons or reasons related to health protection and have been opened after delivery.)
Also exempt are all products subject to the risk of deterioration as a result of improper storage, as well as for hygienic and health reasons to protect Customers, the right of withdrawal (so-called “cooling-off period”) referred to in Articles 52 and following of the Consumer Code (Legislative Decree No. 206 of September 6, 2005) does not apply pursuant to Article 58 of the same Decree. (Such as dietary supplements, herbal remedies, herbs, food products, and all products intended for ingestion). Returns of these goods are permitted only if the online order does not match the type of product actually received, or if the products are clearly damaged at the time of delivery. To this end, you must send an email to info@momia.it within two days of the delivery date and upon discovery of the non-conformity.
For all other products, the Buyer has the right, within 14 business days of delivery of the purchased products, to exercise the Right of Withdrawal in accordance with the procedures guaranteed by law, which consists of the right to return the products received and obtain a refund of the price paid, without penalty and for any reason. This right applies to all products available on the website www.momia.it. The products must be returned in their original packaging, along with any accessories, instructions for use, and any other items supplied with them. To exercise the right of withdrawal pursuant to Article 6, the Buyer and/or the recipient of the Order may notify MOMIA di MMA S.A.S. di Michela Zucchini e C. of the withdrawal through an explicit statement (letter sent by certified mail or certified email). To meet the withdrawal deadline, the Buyer must send the explicit notice before the applicable withdrawal period expires. To exercise the Right of Withdrawal, the Customer must send an explicit notice to MOMIA di MMA S.A.S. di Michela Zucchini e C. within 14 days via certified mail or certified email (PEC).
The return must be made without undue delay and, in any case, no later than 14 (fourteen) days from the date on which the Purchaser notified their decision to withdraw from the contract.
Once the notice has been sent, the customer must promptly ship the goods to the address provided by MOMIA di MMA S.A.S. di Michela Zucchini e C. Shipping costs and liability for the goods during shipment, as required by law, are the responsibility of the customer.
We therefore recommend that you insure the products with your chosen carrier, taking care to pack the merchandise carefully—where possible, placing it inside an outer box—and avoiding damage to the original packaging with adhesive tape, labels, etc. The product must be returned intact in its original packaging, complete with all its parts and accessories.
In the event of damage caused during return shipping, MOMIA di MMA S.A.S. di Michela Zucchini e C. will notify the customer within five business days of receiving the merchandise, allowing the customer to file a claim with the carrier used for shipping. The damaged merchandise will be made available for return, and the request for cancellation will be simultaneously canceled. Subject to any repair costs for verified damage, MOMIA di MMA S.A.S. di Michela Zucchini e C. will refund the full amount of the purchase within 14 days—and in any case no sooner than upon receipt of the purchased goods—via a credit card refund or bank transfer to the account specified by the customer.
The right of withdrawal is completely forfeited if the products are returned damaged, incomplete, missing parts, or with damaged packaging. WITHOUT EXCEPTION, we will not accept returns of opened or used packages.
This article is intended to provide information on the right of withdrawal pursuant to Article 47 of Legislative Decree No. 206/2005.
Art. 7 DECLARATIONS AND WARRANTIES
MOMIA, a business unit of MMA S.A.S., owned by Michela Zucchini and Co., declares and warrants to consumer users that its products meet the quality standards recognized by applicable national and local laws, as well as any other requirements for retail sale.
MOMIA di MMA S.A.S., owned by Michela Zucchini and Co., shall not be liable—whether directly, indirectly, or in any other way—to consumer users or to third parties in the event that the products are used in a manner inconsistent with the product category, or for any damages resulting from manufacturing defects not reported within the time limits set forth in Article 5.
Art. 8 APPLICABLE LAW
This sales contract between the customer and MOMIA di MMA S.A.S. di Michela Zucchini e C. is deemed to have been entered into in Italy and is governed by Italian law. Unless otherwise specified, Italian law applies in this matter. For the resolution of disputes arising from this distance sales contract, the Court of Bologna (BO), to which MOMIA di MMA S.A.S. di Michela Zucchini e C. is subject, shall have exclusive jurisdiction.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Parties, in accordance with the terms and conditions set forth in these General Terms and Conditions of Sale—and in particular, the preamble and Articles 2, 3, 4, 5, 6, 7, and 8 of this Agreement—specifically declare their consent, without any possible exception.