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Terms & Conditions

The offer and sale of products on our website "xmoody.com" are governed by these General Terms and Conditions of Sale.

The products purchased on xmoody.com are sold directly by ALEO SRL ("ALEO SRL" or the "Seller"), with registered office in via Canada, 3 Porto Sant’Elpidio (FM) Italy.

You can request any information from ALEO SRL through our assistance services: contact our Customer Service.

If you need more information, go to the Customer Service area (insert dedicated mail).You can find information about orders and shipments, refunds and the return of products purchased on xmoody.com.

For any other legal information, please refer to the following sections: General Terms of Use, Privacy Policy and Right of Withdrawal.

 

1. Our trade policy

1.1

The Seller offers for sale, on xmoody.com, the products and carries out its business of electronic commerce exclusively towards its end users who are "consumers".

1.2

When we speak of "consumer" we refer to any natural person acting on xmoody.com with purposes not related to their business, business or professional, possibly carried out.If you are not a "consumer", please refrain from entering into commercial transactions through xmoody.com.

1.3

In view of its commercial policy, the Seller reserves the right not to follow orders from persons other than the "consumer" or in any case orders that are not in conformity with its commercial policy.

1.4

These General Terms and Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders of products on xmoody.com between xmoody.com users and the Seller.

1.5

The General Conditions of Sale do not regulate the provision of services or the sale of products by parties other than the Seller that are present on xmoody.com through links, banners or other hyperlinks. We advise you, before placing orders and purchasing products and services from parties other than the Seller, to verify their terms of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of electronic commerce transactions between xmoody.com users and third parties.

 

2. How to conclude the contract with ALEO SRL

2.1

To conclude the contract of purchase of one or more products on xmoody.com, you will need to fill in the order form in electronic format and send it to the Seller, electronically, following the relevant instructions.

2.2

before to the purchase of the products, through the transmission of the form of order, you will have asked you to attentively read the General Conditions of Sale and the informative one on the right of recess, to stamp a copy of it through the command of press and to memorize of it or to reproduce a copy of it for your personal uses.We will also provide you with a summary of the commercial and contractual conditions that we propose for the purchase of products, which contains a reference to the General Conditions of Sale and a summary of the information on the essential characteristics of each product ordered with the relevant price (including all applicable taxes) means of payment that you can use to purchase each product, the modalities of delivery of the purchased products, the modalities of treatment of the claims from the professional, the costs of shipment and delivery; as well as the Seller’s geographical and e-mail addresses and the date by which the Seller undertakes to deliver the goods. The Seller will also provide you with a summary of the terms and conditions for the exercise of your right of withdrawal, as provided by the articles. 52 ff. of Legislative Decree of 6 September 2005, n. 206 (the Consumer Code“). If applicable to the purchase, you will be informed that, in case of withdrawal, you will have to bear the cost of returning the products. You will, in any case, be reminded of the existence of the legal guarantee of conformity of the products, you will be provided with the contact details of our after-sales service and we will remind you, finally, the possibility to use the conciliation service, independent and institutional, provided by the Chamber of Arbitration of the House of Fermo (FM).

2.3

In the order form, shown immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of each ordered product, the price (including all applicable taxes) and shipping costs (including any additional costs you may incur for choosing a different and/or faster delivery and delivery type than the standard one). The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data relating to your order.

2.4

The order form will be stored in our database for the period of time necessary for the processing of orders and in any case in the terms of law. You will be able to access your order form, consulting the section My order, with the possibility to trace the status of the order in all its stages (preparation, shipment, delivery).

2.5

When forwarding the order form you will be advised that such forwarding involves the obligation to pay the price indicated.Before submitting the order form, you will also be asked to identify and correct any errors in entering the data.

2.6

The language available to conclude the contract with the Seller is Italian.

2.7

Once the contract is concluded, ALEO SRL will take over your purchase order.

2.8

The Seller may not execute your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products. In this cases, we will inform you by e-mail that the contract has not been concluded and that the Seller has not followed up your purchase order specifying the reasons. If the products, presented on xmoody.com, are no longer available or on sale at the time of your last access to the site or the sending of the order form, the Seller will inform you, promptly and in any case within thirty (30) days from the day following that on which you have sent your order to the Seller, the possible unavailability of the products ordered. In case of forwarding of the order form and payment of the price, the Seller will refund, without undue delay, what you have already anticipated and the contract will be deemed terminated between the parties.

2.9

With the electronic transmission of the order form, you accept unconditionally and undertake to observe these General Conditions of Sale in your dealings with the Seller. If you do not agree with some of the terms in the General Terms of Sale, please do not submit the order form for the purchase of the products on xmoody.com.

2.10

With the transmission of the order form you confirm to know and accept the General Terms and Conditions of Sale and further information contained in xmoody.com, also called through links, including the General Terms and Conditions of Use and the Privacy Policy and the Privacy Policy.

2.11

Concluded the contract, the Seller will send you, by e-mail, a receipt of the purchase order, containing the General Conditions of Sale and the summary document on the Right of withdrawal and therefore, all the information already contained in the summary of the commercial and contractual conditions shown before proceeding to the purchase.

2.12

We remind you that the product you purchase is intended exclusively for the country in which you place your order; therefore, if you decide to place the product in a different country, you are responsible for placing and you are required to comply with the regulations and restrictions applicable both for export from the country where you purchased the item and for import to the country where you intend to bring it. ALEO SRL disclaims any responsibility in this regard.

 

3. Guarantees and indication of product prices

3.1

On xmoody.com are offered for sale exclusively fashion clothing, accessories and beauty products. This products are purchased directly from the Seller at fashion houses, manufacturers, retailers and/or partners carefully selected for their rigorous quality controls.

3.2

The Seller does not sell used, irregular or inferior products to the corresponding standards offered on the market. Only vintage garments that are offered for sale in the specific section of xmoody.com, due to their particular nature, can be used and/or in conditions of obvious wear and tear. In the description of each vintage product ALEO SRL will be careful to specify the storage conditions of the garment presented if it differs from the standards offered on the market.

Customized products are not subject to return.

3.3

The essential characteristics of the products are presented on xmoody.com inside each product fiche. However, the images and colors of the products offered for sale on xmoody.com may not match the real ones due to the Internet browser and monitor used.

3.4

Product prices may be subject to updates. Make sure of the final sale price before submitting the relevant order form.

3.5

Purchase requests from countries not included on the splash page will not be accepted by the Seller. With limitation of the possibility of registration in countries where we are not able to guarantee the service.

3.6

All products have identification cards, with the exception of footwear. We ask you not to remove the tag from the purchased products, which are an integral part.

3.7

In accordance with art. 57, II paragraph, of the Consumer Code, you will be responsible for the decrease of the value of the products purchased on xmoody.com resulting from the use of the same products other than that necessary to ascertain their nature, characteristics and operation. Therefore, the Seller, in case of exercise of your right of withdrawal, has the right not to accept the refund or not to refund in full the amount paid for the purchase, in relation to those products which do not have the relevant tag or which have been altered in their essential and qualitative characteristics or which have been damaged, as better explained in paragraph 8.10.

3.8

All products sold by the Seller are covered by the 24-month (24) legal warranty for non-compliance, in accordance with applicable law. The defect of conformity of the product must be notified to the Seller within two (2) months of its discovery. The lack of conformity can be communicated to the Seller by contacting the Customer Service. In case of lack of conformity you have the right to request the repair or replacement of the product. If the above remedies are not possible or are excessively onerous, you will be entitled to a reduction in the price paid or to the termination of the sales contract, in accordance with art. 130 of the Consumer Code.

 

4. Payments

4.1

For the payment of the price of the products and the related shipping and delivery costs you can follow one of the methods indicated in the order form. In no case will you be charged any higher costs than those actually incurred by the Seller in relation to the payment instrument of your choice.

 

4.2

In case of payment by credit card, the financial information (for example, the credit/debit card number or the date of its expiry) will be forwarded, by encrypted protocol, to paypal or other banks, providing the relevant electronic payment services at a distance, without any third party having access to them. Such information, moreover, will never be used by the Seller except to complete the procedures related to your purchase and to issue the related refunds in case of any returns of the products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on xmoody.com. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your current account at the time of shipment of the purchased products.

5. Vouchers of value

5.1

Value vouchers are custom codes, also called XMOODYCODE, which allow you to take advantage of a discount on purchases made on XMOODY.COM.

5.2

The XMOODYCODE box is displayed on the first page of the purchase process: once the articles are inserted in the Shopping Bag, enter your code in the XMOODYCODE box and click on Recalculation. At this point it will open a pop-up that will allow you to choose which item from the ones you want to buy you want to apply your voucher value. Select the article and click on APPLIES. The value vouchers are applicable to one item per order, therefore the other items included in the Shopping Bag will not be subject to any discount. Except for special conditions of sale, or period in which the discount can be applied to the entire shopping bag.

5.3

Limitations on the use of the value voucher:

The value voucher is usable only once, unless returned (as indicated in 5.4);

The value voucher cannot in any way be converted into money;

You will not be able to use multiple value vouchers in the same order;

The value voucher will apply to only one item per order;

The value voucher will only apply to items whose sales value exceeds the value of the voucher by at least 1 euro. It cannot be applied to items belonging to the sample Sale or sales of charity.

5.4

If you wish to exercise the right of withdrawal provided for in art. 52 of the Consumer Code and return an item on which you have applied the voucher to value, you will have to follow the procedure of rendered standard searchable in section “your orders”. Once your return has been accepted, its code will be reactivated with its original value. The difference in expenses that you have incurred for the purchase of the item will be credited to you in accordance with the terms and conditions of the normal refund procedure.

 

6. Shipment and delivery of products

6.1

To know the specific shipping and delivery methods of the products, go to the Shipping section, within the Customer Service area. Please pay attention to what is stated in this section because the information contained therein forms an integral and substantial part of these General Conditions of Sale and, Therefore, they are considered by you to be fully known and accepted at the time of transmission of the order form.

7. Customer care and support

7.1

You can request any information through our assistance services: contact Customer Service.For further information, please go to the Customer Service area.

7.2

We would like our Social channels (Facebook and Instagram) to also be a place for dialogue and sharing.

The pages are open to comments of all and the aim is to open a dialogue with all users, below in short behaviors are not allowed:

 

(i) We are happy to receive your comments when they are consistent and relevant: we reserve the right to remove those not related to individual discussions, those concerning activities of external sites, commercial promotions not authorized by ALEO s.r.l..

(ii) We will delete the comments of everyone who use a language in violation of the rules of good education and aimed at harming the reputation of those who manage or moderate this page or other users, offensive comments to ethnic, political, religious or other minorities will also not be tolerated.

(iii) Conducts in breach of copyright and the use of registered trademarks without prior authorisation will not be allowed.

(ii) We will delete the comments of all those who use a language in violation of the rules of good education, scurrilous and aimed at harming the reputation of those who manage or moderate this page or other users, offensive comments to ethnic, political, religious or other minorities will also not be tolerated.

(iii) will not be allowed conduct in violation of copyright and the use of registered trademarks without prior authorisation will not be allowed.

We remind you that illegal activities aimed at defaming or threatening, disseminating personal data of third parties will not be tolerated without being authorized. In this case, we will go to the competent authorities.

If we deem it appropriate, we will notify Facebook and Instagram of the content in question. Moreover, after repeated injurious behaviour of this policy, the responsible user may be banned.

We also ask you not to share any information regarding, directly or indirectly, your purchase orders from our websites or, even less, any information regarding your personal data.

For requests regarding assistance, please contact us via private message.

Otherwise, we will invite you to continue the conversation in private, offering you direct and reserved access to our Customer Service that reserves the right to not answer in public.

 

8. Right of withdrawal, in accordance with art. 52 and ss. of the Consumer Code

 

8.1

In accordance with art. 52 of the Consumer Code, you have the right to withdraw from the contract concluded with the Seller, without penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of products purchased in xmoody.com. In some specific cases, duly indicated in the section Right of withdrawal, it will be possible to change the chosen item with another. It is not possible to change or be refunded for personalized articles, referred to in the appropriate section.

 

8.2

To withdraw from the contract you can use, at your choice, one of the following methods, in accordance with art. 54 of the Consumer Code: i) use of the Return Module (conforming to the model module according to art. 49, paragraph 4 of the Consumer Code) to be completed and transmitted directly on line through the site xmoody.com;ii) use of this form (conforming to the model form pursuant to art. 49, paragraph 4 of the Consumer Code) to be completed and transmitted to the Seller; iii) to send to the Seller any other explicit declaration of your decision to terminate the contract.

If you choose to use the Return Form to be transmitted directly on line through the xmoody.com website, the Seller will send you confirmation by e-mail of receipt of the withdrawal request.

If you choose, instead, to send another declaration of withdrawal, the burden of proving the correct and timely exercise of the right of withdrawal will be on you.

8.3

Once you have exercised the withdrawal from the contract, you must return the products to the Seller and deliver them to the courier within three (3) days starting from the time you informed the Seller of your decision to terminate the contract. With the possibility of pick-up at home and/or delivery at partner points.

8.4

The only expenses at your expense are those of returning the purchased products, unless the Seller has expressly exempted you from such expenses at the time of purchase and on the additional condition that you use the freight forwarder indicated by the Seller in the Return Form. In any case the return is free if the product or goods are damaged or otherwise with manufacturing defects and/or not servible.

8.5

If you decide to use the freight forwarder indicated by the Seller in the Return Form, however, you will not have to pay in the first person the expenses, at your expense, of returning the purchased products. The payment of the refund costs of the purchased products will be made, on your behalf, directly by the Seller, who will therefore free you from any payment obligation towards the shipper. The Seller, for the payment of the refund, will in fact deduct from the refund a lump sum equal to the cost of standard shipping of the purchased products, except as provided by paragraph 8.4 above. Moreover, from the time of delivery of the products purchased to the freight forwarder indicated by the Seller in the Return Form, the Seller relieves you of any liability in case of loss or damage of the products during transport.

8.6 in the case you decide to use a formality of different shipment from that suitable from the Seller in the Form of rhesus, you will have to effect in before person the payment of the expenses instead, in your name, of restitution of the purchased products. In such case, to the senses of the art. 56 of the Code of the Consumption, an equivalent import to the cost of the standard shipment of the purchased products will also be refunded, while the possible additional costs won't be refunded by you sustained for having chosen a typology of consignment and different delivery more rapid e/o of that standard. You/he/she can stay, in this case, in your name the responsibility in case of dismay or damage of the products during the transport, that I/you/he/she am due to one negligent person of yours choice of the vector e/o of the formalities of consignment.

8.7 the Right of Recess - besides the respect of the terms and the formalities of which to the artts. 52 and ss. of the Code of the Consumption, described points to the precedents 8.1, 8.2, 8.3 and 8.4 - he intends correctly practiced if is also respected entirely the followings conditions:

the Form of rhesus directly transmitted on line through the site xmoody.com, this form or other explicit declaration of your decision to recede from the contract must correctly be compile and transmitted to the Seller within fourteen (14) days from the reception of the products;

the products must not have been used, worn, washed;

the unique label of each product must still have attached to the products with seal monouso (where present), that constitutes integral part of the goods;

the products must be return in their original wrapping (in the case of objects of design, designer toys and games from great, the wrapping must be seals as in origin; if you want to make a kit, you must return all the articles that compose him/it);

the made products must be deliver to the forwarder within fourteen (14) days that elapse from when you have communicated your decision to recede from the contract to the Seller;

the products must not be damaged.

8.8

If the Right of withdrawal is exercised in accordance with the terms and conditions set out in this paragraph 8, the Seller shall refund any amounts of money already collected for the purchase of the products in accordance with the terms and conditions laid down.

8.9

The sums will be refunded to you as soon as possible and, in any case, after receiving the product back, possibly within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, we will activate the refund procedures, once verified the correct execution of the above terms and conditions, as in paragraph 9.

8.10

If the terms and conditions for exercising your right of withdrawal, referred to in a), e) and f) of paragraph 7 above are not respected, you will not be entitled to reimbursement of the sums already paid to the Seller. Within 14 days of sending the e-mail with which you will be notified of the refusal to accept the return, you can choose to retrieve, at your own expense, the products in the state in which they were returned to the Seller, giving notice to the Seller himself, in the manner that will be communicated to you. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.

If the conditions of b), c) and d) of paragraph 7.7 above are not met, you will not be entitled to full reimbursement of the sums already paid to the Seller. You will, in fact, be responsible for the decrease in the value of the returned products, resulting from a different use from that necessary in order to allow you to ascertain the nature, characteristics and functioning of the products themselves. In this case, a percentage of between 10 and 90% of the amount paid by you to the Seller for the purchase of the returned products will be deducted from the expected refund, as you will be informed, By e-mail, from the Seller.

Within 14 days of sending the email with which you will be notified the amount deducted from the refund, you can choose to return, at your own expense, the products in the state in which they were returned to the Seller, giving notice to the Seller himself, in the manner that will be communicated to you. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.

 

9. Time and method of reimbursement

9.1

After the return of the products, the Seller shall ensure the necessary verification of compliance with the conditions and terms indicated in paragraph 8. In the event that the checks are successfully concluded, The Seller will send you, by e-mail, the relative confirmation of the acceptance of the products so returned and will make the refund. In the event that the checks are not concluded positively, the Seller shall inform you, by e-mail, of the found existence of a decrease in the value of the returned products, resulting from the non-compliance, for your part, the conditions of b) c) and d) of paragraph 8.3 above. At the same time, the Seller also informs you of the amount that will be deducted from the amount paid by you for the purchase of the returned products and to make a partial refund; otherwise, the possibility of recovering, at your expense, the products in the state in which they were returned to the Seller, in accordance with paragraph 8.10 above.

9.2

Whichever method of payment you use, the refund, in whole or in part, is activated by the Seller in accordance with art 56, I comma, of the Consumer Code, in the shortest possible time and in any case within fourteen (14) days from (from the date  the Seller became aware of the exercise of your right of withdrawal after a previous  verification) correct execution of your right of withdrawal and verification of returned products.

9.3

The Seller shall refund using the same means of payment as you used for the purchase of the returned products, unless you have expressly agreed with the Seller the use of a different means of payment and provided that you do not incur any additional costs as a result of the refund. If there is no correspondence between the recipient of the products indicated in the order form and the person who has executed the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be executed by the Seller, in any case, towards the person who made the payment.

9.4

We remind you that the currency date of the re-credit is the same as the debit;

9.5

The Seller will indicate which freight forwarder to return the products a courier.Using the pre-printed adhesive label and the delivery letter attached to the package containing the products, you can return the products to the Seller, without paying in the first person the necessary expenses.According to the terms and conditions provided for the exercise of the right of withdrawal, this method allows the Seller the direct payment, on your behalf, of the costs of returning the purchased products, freeing you from any payment obligation to the freight forwarder. The Seller, for the payment of the refund, will deduct from the refund a lump sum equal to the standard shipping cost of the purchased products. This method also allows you to verify, at any time, where each package is located, freeing you from any liability in case of loss or damage of the products during transport. In the section my orders there is still the possibility to print the return letter and the label. Once the return is started, an email will be sent to the user.

9.6

In case you decide to use, for the return of the products, a freight forwarder other than that indicated by the Seller, will be at your expense the shipping costs, including liability for loss or damage of products.

 

10. Privacy

10.1

You can obtain information about how we process your personal data by accessing the Privacy Policy.

10.2

Please also read, if you have not yet done so, our Terms and Conditions of Use because they contain important instructions on how we process the personal data of our users and the security systems adopted.

10.3