General terms and conditions of sale

1. Our commercial policy

1.1 MF1 s.r.l. benefit company (the “Seller”) offers products for sale on mtof.it and carries out its e-commerce activity exclusively towards its end users who are “Buyers”.

1.2 “Buyer” means any natural person who acts on mtof.it for purposes not related to his or her commercial, entrepreneurial or professional activity, if any.

1.3 In consideration of its commercial policy, the Seller reserves the right not to process orders from parties other than the Buyer or otherwise orders that do not conform to its commercial policy.

1.4 These General Terms and Conditions of Sale exclusively govern the offer, submission and acceptance of purchase orders for products on mtof.co.uk between Buyers and Seller.

1. Conclusion of the contract with the Seller

2.1 To conclude the contract for the purchase of one or more products on mtof.it, you will need to complete the order form in electronic format and transmit it to the Seller, electronically, following the relevant instructions.

2.2 The order form contains a reference to the General Conditions of Sale and the Right of Withdrawal Policy, and a summary of information on the essential characteristics of each product ordered and its price (including all applicable taxes or duties), the means of payment that can be used to purchase each product and the method of delivery of the purchased products, shipping and delivery costs, the conditions for exercising the right of withdrawal and the manner and timeframe for returning the purchased products.

Before proceeding to the transmission of the order form, you will also be asked to identify and correct any data entry errors.

2.3 The Consumer will be obligated to pay the price from the moment the online order submission process is completed. This will be done by clicking on the “Buy Online” button at the end of the wizard procedure.

2.4 The contract is concluded when the Seller receives, electronically, the order form, after verification of the correctness of the data relating to the order placed and the payment made.

2.5 The order form will be stored in our database for the period of time necessary to process orders and in any case within the terms of the law. You will be able to access your order form by going to the My Order section.

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

2.7 Once the contract is concluded, the Seller will take charge of your purchase order.

2.8 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or if the products are unavailable. In these cases, we will inform the Buyer by e-mail that the contract is not concluded and that the Seller has not carried out the purchase order specifying the reasons for this. In the event that the products, presented on mtof.it, are no longer available or on sale at the time of the last access to the site or the submission of the order form, it will be the responsibility of the Seller to communicate, promptly and in any case within fourteen (14) days from the day following the day of transmission of the order to the Seller, the possible unavailability of the products ordered. In the case of submission of the order form and payment of the price, the Seller will refund what has already been advanced by the Buyer.

2.9 With the telematic transmission of the order form, the Buyer unconditionally accepts and undertakes to observe, in dealings with the Seller, these General Conditions of Sale.

2.10 Once the contract has been concluded, the Seller will send the Buyer, by e-mail, a confirmation of the purchase order, containing the information already contained in the order form (reference to General Terms and Conditions of Sale and Right of Withdrawal Information, information on the essential characteristics of the product and detailed indication of the price, means of payment, right of withdrawal and delivery costs).

1. Price and Payment

3.1 The sale prices of the Product indicated on the mtof.it website are expressed in Euros (including VAT) and do not include delivery costs.

Delivery charges, if due within the terms set forth in the appropriate form, are expressly indicated in the order summary and calculated together with the price before validation of the order.

3.2 For the payment of the price of the products and related shipping and delivery costs you may follow one of the methods indicated in the order form

3.3 In case of payment by credit card, the financial information (for example, the number of the credit/debit card or the date of its expiration) will be forwarded, via encrypted protocol, to Paypal or to banks that provide the relevant remote electronic payment services, without third parties being able, in any way, to have access to it. Such information, moreover, will never be used by the Seller except to complete the procedures relating to the purchase and to issue the relevant refunds in the event of any returns of products, following the exercise of the right of withdrawal. The price for the purchase of the products, as indicated in the order form, will be debited from the Buyer’s bank account when payment is made.

1. Legal warranty and procedure

4.1 The Seller warrants to the Buyer the conformity of the products to the published description and quality indicated on the mtof.it website, or the suitability for use thereof, for a period of two (2) years from the date of delivery, under penalty of forfeiture.

4.2 In the event of a defect within the terms referred to in the preceding point, the Purchaser has the right to report such defect to the Seller’s Assistance Service which, after checking, including photographic checks of the defects described, will return the product within a period of fourteen (14) days for the submission of the checks on site, with delivery costs borne by the Purchaser.

4.3 The Support Service can be contacted at the contact details in the “Contact Us” section, or by emailing info@mtof.it

1. Limitations of Liability

5.1 The Seller assumes no liability for inefficiencies attributable to force majeure, including in the case of malfunctions related to the use of the Internet network not attributable to it, where it fails to execute the order within the timeframe provided by these General Conditions of Sale.

5.2 The Seller shall also be exonerated from any liability arising from the issuance of erroneous tax documents due to errors relating to the data provided by the Buyer, the Buyer being solely responsible for their correct entry.

1. Settlement of Disputes

6.1 These General Conditions of Sale are governed by Italian law and shall be interpreted in accordance with Italian laws and/or European legislation.

6.2 For disputes arising from the interpretation, validity and/or execution of these General Terms and Conditions, the Court of the place of residence or elective domicile of the Purchaser shall have jurisdiction, which is mandatory pursuant to Article 33 paragraph 2 letter u) Consumer Code and the Lugano Convention of October 30, 2007 (for non-EU countries). This is without prejudice to the parties’ right to settle the dispute in mediation pursuant to Legislative Decree 28/2010.

The following clauses are specifically approved pursuant to and in accordance with Articles 1341, 1342 Civil Code: Article 2 “Conclusion of the contract with the Seller”, Article 4 “Legal Warranty and Procedure”, Article 5 “Limitation of Liability”, Article 86 “Settlement of Disputes”.