1) CONCLUSION OF THE CONTRACT
The contract stipulated between the Customer and SMI MODA (hereby indicated as "Sweet Mommy" or "SM") is finalized with the acceptance of the order from Sweet Mommy, even if only for a part of the articles ordered by the Customer. Such acceptance can also occur in a tacit way. The Confirmation of Order issued automatically by the system is a receipt of the Customer's inquiry and is not valid as an order acceptance by Sweet Mommy.
In the case the order is not confirmed, Sweet Mommy will give timely communication to the Customer through email. The order is intended confirmed if the Customer does not receive an explicit order cancellation by Sweet Mommy within 72 hours from the receival of the payment by Sweet Mommy.
With the execution of the order, the Customer declares to have read and to integrally accept the General Conditions of Sale described herebelow.
The Customer is kept to verify the correctness of the information contained in the Confirmation of Order and to timely communicate any correction to the Contact Us address on the site.
Sweet Mommy is excluded from any liability for direct or indirect damages to people and/or things, due to the lack of confirmation, also partial, of an order. The Customer is not entitled to any reimbursement due to the lack of confirmation, even partial, of an order.
Sweet Mommy reserves the right to modify the prices of its articles in any moment; however, the price owed by the Buyer will be the one in effect at the time when the order is logged into the system ( to book the availability of the product).
2) PAYMENT OPTIONS
Sweet Mommy accepts the following payment modes:
B) Credit card or Postepay through the Multisafepay circuit
C) Cash On Delivery
D) Ricarica (Recharge) on the Postepay Card of Sweet Mommy
E) Bank Wire Transfer in advance
F) Payment to Sweet Mommy’s account at Poste Italiane (Italian Mail) by Postal Bulletin (Bollettino Postale)
Sweet Mommy is never able, at any moment of the procedure of purchase, to know the information related to the credit card of the Buyer, that is directly transmitted through a secure connection to the site of the banking institute that manages the transaction. No computer file of Sweet Mommy will preserve such data. In no case Sweet Mommy can then be held responsible for possible fraudulent and undue use of credit cards from third parties, related to the payment of purchased products.
In the case that the Customer chooses to make the payment by the options #D, #E or #F, the payment must be made within the 5 following working days from the order. The Customer is required to send a copy of the proof of payment via email to: firstname.lastname@example.org. Sweet Mommy will keep the article available for the Customer for 5 working days after the order and will ship the article only upon receipt of the payment or of the proof of payment.
3) INSTRUCTIONS FOR SPECIFIC PAYMENT MODES
Sweet Mommy does not apply any surcharge for the payment of the customer order by Paypal.
Starting from March 5 2020, in case of refunds made by the Seller to the Buyer, Paypal does not refund the Seller any more for the fees that the Seller originally paid to receive the payment of order.
Consequently, for all orders paid by Paypal, Sweet Mommy in case of returns or any other kind of refund will detract the fees paid to Paypal from the refund due to the Buyer.
Before paying a new order by Paypal, you can ask Sweet Mommy's customer assistance to know the exact amount of Paypal fees that are not eligible for refund.
Bank Wire Transfer: bank account details will be sent with the Order Confirmation. The payment must be effected within 5 working days from the order. The Customer must inform Sweet Mommy of the payment via e-mail to the address email@example.com including:
- the Customer’s Name and Surname - the number of the order.
Postal bulletin: postal account details will be sent with the Order Confirmation. The payment must be effected within 5 working days from the order. The Customer must inform Sweet Mommy of the payment via e-mail to the address firstname.lastname@example.org including:
- the Customer’s Name and Surname - the number of the order.
Ricarica on Sweet Mommy’s Postepay Card : The details of the PostePay Card on which to effect the payment will be sent with the Order Confirmation. The payment must be effected within 5 working days from the order. The Customer must inform Sweet Mommy of the payment via e-mail to the address email@example.com including:
- the date, the time and the postal office where the payment was made - the Customer’s Name and Surname - the number of the order.
This communication from the Customer is necessary as proof of payment.
4) ORDER CANCELLATION
For the orders with down payment, (with Credit card or Paypal) the Buyer can cancel the order within 2 hours by sending an email to firstname.lastname@example.org. If the Buyer abdicates the purchase after the consignment has been effected, it is subject to the payment of shipping and handling costs.
5) MISSED PAYMENT
In the case that the payment and/or the proof of payment are not received by the terms stated above, Sweet Mommy will cancel the order unless previously agreed otherwise with the Customer. Order cancellations will be communicated by email.
6) ORDER FULFILMENT AND SHIPPING
The purchase order is deemed to be fulfilled by the consignment of the goods to the courier.
For items that are immediately available from stock, Sweet Mommy ships the package after the receipt of the payment (for payment with Credit cards or with Paypal), or after the order confirmation (for Cash On Delivery), or after the receipt of the proof of payment (for other payment modes).
Delivery times are the courier’s responsibility and are not under the control of Sweet Mommy. Sweet Mommy is not liable for any damage or loss of the package occurred during shipment.
Unless previously agreed otherwise, the courier delivers the package at the ground floor of the shipping address.
Shipping costs are always borne by the Customer and are not reimbursable.
7) PACKAGE CHECK ON RECEIPT
When the package is received, it is the Customer’s responsibility to check the following:
• that the number of packages received is the same as written on the Packing List;
• that the packaging is intact, not damaged, neither wet nor altered in any way, including the adhesive tape used to seal the package.
In the event of damages to the package and/or the goods, or the lack of some of the boxes, or any difference with the Packing List, the Customer is required to claim that immediately by writing a reserve note on the courier’s copy of the proof of delivery.
Either in the case of the above mentioned issues, or of other issues with the physical integrity, the correspondence or the completeness of the received products, the Customer is required to inform Sweet Mommy’s Customer Service by email at email@example.com within 3 days from delivery.
8) RETURNS AND EXCHANGES OF GOODS
The Buyer can exercise his/her right of withdrawal according to the Italian law, as described here below. In particular, as concerns those items that are excluded from the right of withdrawal, see #8.1.
8.0 Returns and exchanges for items that are subject to the right of withdrawal
Sweet Mommy’s general policy for returns and substitutions is as follows:
- The Customer must communicate his/her request to return, or get a replacement for all or part of the received goods, by email to firstname.lastname@example.org, and ship the return package back to Sweet Mommy within 14 days from the receipt of the goods.
- Sweet Mommy will answer within 2 working days and reserves the right to propose alternative solutions for the best satisfaction of the Customer. In the case the Customer intends to proceed with the return or a substitution, Sweet Mommy will send timely instructions on how to ship the goods back.
- In any case the Customer must ship the return package within 14 days from the receipt of the goods, unless he/she has received different instructions from Sweet Mommy. The postage stamp or courier receipt will be valid to state the shipment date.
- If any of the abovementioned conditions for returns are not met, Sweet Mommy reserves the right to deny the reimbursement in part or in total.
- In the case that the Customer desires to change the article purchased with one of different size and/or color, the Customer will have to return the article at her/his expenses, and will be subject to the payment of shipping and handling costs borne by Sweet Mommy for the replacement goods.
- If the return is due to defects of quality, recognized by Sweet Mommy, Sweet Mommy will pay all shipping and handling costs, unless agreed otherwise with the Customer.
Returns have to be shipped with regular mail (unless previously agreed otherwise with Customer Service) to the following address:
Via Pastore 40
20040 Carnate (MB)
9) RIGHT OF RECESS
The Customer has the right to recede from the contract of purchase for any motive, without necessity to provide explanations and without any penalty, subject to specific requirements as described herebelow. The decision to recede from the contract must be sent within 14 days from the date of receipt of the goods.To exercise the right of recess, the Customer must send a communication via email to email@example.com, clearly stating her/his intention to return the goods and receive a reimbursement. Alternatively, he/she can also send this communication via a Registered Letter with with notice of reception, Such letter must be sent to
Via Pastore 40
20866 Carnate Italy
or by telegram always sent within the aforesaid term of 10 days, followed by a confirmation by Registered Letter with with notice of reception, sent within the 48 following hours.
Once received the aforesaid communication of recess, Sweet Mommy will communicate' quickly to the Customer the instructions on how to return the goods, that must be delivered to Sweet Mommy within 10 days from the authorization.
The right of recess is however subject to the following conditions:
•the purchased item must be intact and complete of all the original labels and of every other documentation related to it, and it must be returned in the original packaging. The article must be clean and free of any sign of wear or prolonged use. Gift packagins will also have to be returned intact. It has to be avoided to affix labels or adhesive ribbons or signs of writing on the original packaging of the product.
•by law, the shipping and handling costs related to the restitution of the good are at the expense of the Customer;
•the delivery, up to receipt to Sweet Mommy’s address, is under the complete responsibility of the Customer in case of damage of the good during the transport, Sweet Mommy will give communication to the Customer (within 5 working days from the reception of the good in its store) to allow him to file a claim against the courier and to get the reimbursement of the value of the good (if assured); in this event, the product will be made available to the Customer, and at the same time the request of recess will be deemed cancelled.
•Sweet Mommy doesn't accept any responsibility in any way for damages or theft / dismay of goods returned by non insured shipment.
•Subject to the above requirements, Sweet Mommy will refund within 7 days from the receipt of the returned goods, the value of the returned goods (shipping cost excluded). The reimbursement can be discounted by the value of packaging or gift box if they are not returned intact.
• In the case that the goods have been paid with Paypal or with Credit card, the reimbursement will always happen by the same way. In the case that the article had been paid otherwise, the Customer ir requested to provide her/his bank details timely to enable Sweet Mommy to effect the reimbursement.
•If the Customer's order was subject to free or discounted shipping costs (as the order total was meeting the minimum amount required for such condition), and subsequently the Client practices the right of recess for a part or all the articles, an amount as contribution to shipping and handling costs originally borne by Sweet Mommy will be deducted from the the reimbursement for the Customer, unless the total price of the articles that the Customer has held back still meets the minimum threshold for free or discounted shipping. When applied, the deduction from the reimbursement will be equal to the shipping cost displayed on the site, for the shipping mode that was used for the original delivery.
9.1 Orders shipped outside of the European Union
For those orders the following conditions, which supplement and replace the above conditions, shall apply.
The shipping cost applied by Sweet Mommy to the Buyer at the time of the order may not include the costs incurred by Sweet Mommy for customs export practices. In case of return of the order without purchase of replacement items of equal amount, Sweet Mommy reserves the right to deduct these costs from the refund due to the Buyer, up to a maximum of EUR 15.
In case of return, all shipping costs from the Buyer’s home address to the address of Sweet Mommy, as well as any customs charges and VAT due to the Italian customs. Sweet Mommy will make a reasonable effort to provide assistance for customs clearance. The Buyer is required to provide any documentation required for customs clearance.
9.2 Articles excluded from the right of withdrawal
All selling items that are indicated as ON ORDER and/or ON RESERVATION and/or ON MEASURE are to be considered articles PERSONALIZED or ON MEASURE according to article 59 D.lgs. 205/2006 and therefore excluded from the right of withdrawal, unless the conditions set out in Articles 8.1.1, 8.1.2 and 8.1.3 are met.
In case of an order that is entitled to a refund under point 8.1.1. , the Buyer is required to follow the general return procedure as described in chapters #8 and #9.
Complaints must be sent by email to firstname.lastname@example.org or by express mail to SMI MODA, Via Pastore 40, 20040 Carnate (MB), Italy.
11) APPLICABLE LAW
The contract between the Customer and Sweet Mommy is considered finalized in Italy and subject to the Italian law.