General Terms and Conditions

§1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you enter into with us as a supplier (MobielWerkt B.V.) via the www.gomibo.it website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person, or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) We sell the product under our own name on behalf of others, i.e. for an external party that owns the product in question. In this regard, we play the role of a partial or total commission agent. In spite of that, we are a contractual partner who enjoys all the respective rights and is subject to all the respective responsibilities.

(3) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.

(4) The purchase agreement takes place via the online shopping cart system as follows:

The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can check all the data, change it (which can also be done via the internet browser’s ‘back’ function), or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.

(5) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via email), which you can accept within a period of 5 days.

(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via email, in a partially-automated manner. Consequently, you have to ensure that the email address that you have given to us is the correct one, and that the receipt of the respective emails is guaranteed. In particular, you have to ensure that the respective emails are not blocked by a SPAM filter.

§ 3 Contract duration / Cancellation in case of contracts

(1) The contract that we have entered into is subject to the agreed-upon duration. If the contract is not cancelled by one of the parties in text form (e.g via email) 3 weeks before the expiration of the contract (insofar as the respective offer is not associated with another time frame), it gets extended by the agreed-upon base duration. However, if the base duration is more than a year, the contract only gets extended by a period of one year.

(2) This has no bearing on the right to cancel the contract without notice for an important reason.

§ 4 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights are applicable.

(2) Claims for defects shall be excluded for new or outlet items if the defect occurs after two years from delivery of the item. If the defect occurs within two years after delivery of the item, claims for defect can be asserted in accordance with the statutory limitation period of two years from delivery of the item. The above limitation does not apply:

  • to damages culpably attributable to us arising from injury to life, limb, or health, and for other damages caused by wilful intent or gross negligence;
  • insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.

(3) We apply the statutory minimum warranty period of two years, if the item does not conform to the order placed. This means that in the case of faults or defects in the item that fall within the manufacturer's warranty conditions, a free solution is possible up to two years after delivery. We reserve the right to offer a suitable solution by repairing the goods or delivering replacement goods. Only in the event that the repair or replacement is excessive or impossible, or cannot be carried out within a reasonable period of time, do you have the right to demand a price reduction or the termination of the sales contract.

(4) As a consumer, you are requested to promptly check the product for completeness, visible defects, and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(5) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs, and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we will not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:

  • to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
  • insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
  • to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
  • for statutory recourse claims, which you have against us in connection with warranty rights.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1) Italian law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law, or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Italy or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

§ 7 Right of withdrawal

(1) The consumer can withdraw from an agreement related to the purchase of a product during a reflection period of 31 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but he cannot oblige the consumer to state his reason(s).
The said reflection period shall commence on the day after the consumer, or a third party appointed by the consumer in advance and not being the carrier, has received the product, or:

  • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
  • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  • in case of agreements for regular delivery of products during a certain period of time: the day on which the consumer, or a third party designated by him, has received the first product.

(2) If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original period of reflection. If the trader has provided the consumer with the legally required information on the right of withdrawal within twelve months after the start date of the original period of reflection, the period of reflection expires 31 days after the consumer has received this information.

(3) During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop. The consumer is only liable for decrease in value of the product resulting from a way of handling the product that goes beyond the aforementioned. The consumer is not liable for any reduction in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

(4) If the consumer makes use of his right of withdrawal, he shall notify the entrepreneur of this within the reflection period by means of the model form for withdrawal (Annex 1) or in another unambiguous manner. As soon as possible, but within 14 days from the day following the notification, the consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer. The consumer shall bear the direct costs of returning the product.

II. Customer information

1. Identity of the seller

MobielWerkt B.V.
Waagstraat 1
9712 JX Groningen
Netherlands
Telephone: +39 800 694240
Email: info@gomibo.it

Registration number with the Netherlands Chamber of Commerce: 02093714
VAT identification number: IT00262099997
Account number: ING Bank, 5726296 in Groningen
IBAN: NL12INGB0005726296
BIC: INGBNL2A

Alternative dispute resolution

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself, and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.)

3. Contractual language, saving the text of the contract

3.1. Contract language shall be English.

3.2. The complete text of the contract is not saved with us. Before the order is sent, via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally mandated details related to distance selling contracts and the standard business terms are re-sent to you via email.

3.3. You will be sent all contractual information within the framework of a binding offer in written form, via email for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Codes of conduct

4.1. We are voluntarily subject to the Ecommerce Europe Trustmark Code of Conduct https://www.ecommercetrustmark.eu/the-code-of-conduct/

4.2.  We are voluntarily subject to the code of ethics of the portal Thuiswinkel which can be viewed at: https://www.thuiswinkel.org/

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1. The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2. The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and will additionally be borne by you, insofar as free delivery is not confirmed.

6.3. If delivery is made to countries outside of the European Union, we may run into additional costs, such as duties, taxes, or money transfer fees (transfer or foreign exchange fees charged by the banks), which you will bear.

6.4. You will also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

6.5. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

6.6. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded becomes payable immediately.

7. Delivery conditions

7.1. The delivery conditions, delivery date, and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

7.2. If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

7.3 If you place an order and the delivery time communicated on our website at the time of ordering is not met, we will let you know as soon as possible. You always have the right to cancel the order before shipment, even if the communicated delivery time is not met. In that case we will refund your payment as soon as possible, but at least within 30 days.

8. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).

9. Contract duration / cancellation

Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.

10. Obligation to accept

10.1 We comply with all obligations imposed by the provisions of environmental legislation and in relation to the disposal of waste batteries and electrical and electronic equipment. Among other things, we and our partners ensure that the batteries and electronic devices sold by us are properly taken back and processed.

10.2 In accordance with current regulations, electrical and electronic devices and batteries that have reached the end of their life, have become obsolete or no longer work should not be thrown in the waste bin. This restriction is indicated on the products themselves by the symbol of the crossed-out waste bin. The purpose of this regulation is to reduce the waste of resources and to protect the environment and human health by preventing the release into the environment of substances contained in certain appliances. You have the possibility to dispose of this waste at an appropriate collection point.

Annex I: Model form for right of withdrawal

Model form for right of withdrawal

(this form should only be completed and returned if you want to withdraw from the agreement)

  • To: [trader’s name]
    [trader’s geographic address]
    [trader’s fax number, if available]
    [trader’s e-mail address or electronic address
  • I/we* herewith inform you that, in respect of our contract regarding
    The sale of the following products: [description of the product}*
    The delivery of the following digital content: [description of the digital content]*
    The supply of the following service: [description of the service]*
    I/we* exercise our right of withdrawal
  • Ordered on*/received on* [date of ordering services or receiving goods]
  • [Consumer(s) name]
  • [Consumer(s) address]
  • [Consumer(s)’ signature] (only if this form is submitted on paper)

    * Delete or provide supplementary information, as applicable.

Last update: 25.06.2021