Terms of service

Please read these general terms and conditions of use and sale carefully before using the website www.musonero.it. By using the website, you fully accept these terms and conditions.

The website www.musonero.it offers for sale handcrafted items and accessories for dogs and cats, with a focus on both practicality and design. Here, you'll find everything your four-legged friend needs daily—crafted with a modern, minimalist aesthetic that complements your home. We use raw materials sourced from nature, handcraft each piece individually, and finish them with non-toxic, hypoallergenic details to ensure a product that respects you, your pet, and your shared environment.

1. Definitions

To ensure full understanding and acceptance of these terms and conditions, the following terms—used in singular or plural—shall have the meanings indicated below:

• Owner: Debernardis S.r.l., registered office in Altamura (BA), Via Caduti Delle Foibe No. 28 – ZIP 70022, VAT/Tax ID 07666800722, fully paid-up share capital €10,000.00, certified email: debernardissrl@pec.it;
• Site: the website www.musonero.it;
• Products: all physical products sold by the Owner via the Site;
• User: any person accessing and using the Site;
• Consumer User: an individual of legal age acting for purposes unrelated to any business, commercial, artisanal, or professional activity;
• Professional User: an individual or legal entity acting for purposes relating to their business, commercial, artisanal, or professional activity;
• Conditions: this agreement, which governs the relationship between the Owner and the Users and the sale of Products offered via the Site.

2. Detailed Information about the Site’s Offer

Each product sold on the Site is conceived and crafted to suit your pet’s daily habits, with exceptional attention to aesthetics.
The result? Products that make pets happy and decorate their owners’ homes—transforming bowls, feeders, beds, and accessories into pieces of home décor, no longer just items lying around to be tidied up after use.
We use simple raw materials, handcrafted piece by piece, through a sustainable, 100% Italian, zero-kilometre production process that starts and finishes in the Musonero workshop.

3. Scope of Application

Using the Site implies acceptance of the Conditions by the User. If the User does not agree with the Conditions and/or any other legal notices published or referenced therein, they may not use the Site or its services.
The Conditions may be amended at any time by the Owner. The applicable Conditions are those in effect at the time the purchase order is submitted or the product supply request is made.
Before using the Site, the User must carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to modify, at any time and at their sole discretion, the Site’s layout, content, and functionality, providing the User with relevant information and instructions where necessary.

4. Purchasing through the Site

All Products offered are described in detail on their respective product pages (e.g., quality, features, availability, price, delivery times and costs, additional charges). Some discrepancies or minor differences between the online description and the actual product may occur. Images are for illustration purposes only and are not contractual.

Purchases may be made by both Consumer and Professional Users.

Individuals may only purchase if they are of legal age. Minors must have orders submitted and approved by a parent or legal guardian.

The Product offering constitutes an invitation to make an offer. The User's order will be treated as a contractual proposal, subject to acceptance by the Owner. The Owner reserves the right, at their sole discretion, to accept or reject the User's order.

The sales contract is considered concluded upon the Owner's acceptance of the User's offer via order confirmation sent to the email provided. The confirmation will include: order date, user details, product features and availability, price, taxes, delivery address, delivery timeline, withdrawal terms, and warranty.

The sales contract is not effective unless the above confirmation is provided.

If a Product is unavailable, the Owner will notify the User and offer updated delivery terms. The User may choose to confirm or cancel the order accordingly. The contract is considered concluded for the Products accepted by the Owner.

The User is responsible for checking the order confirmation and immediately reporting any errors. Users are advised to save a copy of the order, confirmation, and Conditions.

5. Prices and Payments

Prices are shown inclusive of VAT (if applicable). Where pricing cannot be determined in advance due to the nature of the product, the method of calculation will be provided.

Delivery costs and other additional charges (which may vary depending on location, shipping method, or payment type) will be detailed. If such costs cannot be reasonably calculated in advance, the User will be informed of any charges applicable.

The Owner reserves the right to change prices and additional costs at any time, without affecting orders already placed.

The User agrees to pay the price as indicated and provide all required information.
Payments are processed by third-party services.

The Site does not store or access any payment data (credit card numbers, passwords, etc.). If the third-party service denies payment authorization, the Owner will not be able to fulfill the order and shall bear no liability.

6. Invoicing

Users wishing to receive an invoice must provide their billing information. Invoices will be issued based on the data provided, for which the User is solely responsible.

 

7. Delivery of Physical Products

Products will be delivered to the address provided by the User as per the method and timeframe indicated on the Site and in the order confirmation.

If delivery is not possible, the User will be notified by email, with an updated estimate or reason for failure.
If the User refuses revised delivery terms or delivery is impossible, they may request a refund, which will be processed within 14 days using the same payment method used for purchase.

Upon delivery, the User must verify the product's condition and packaging integrity. If damage is apparent, the User may refuse delivery at no cost. Once the delivery document is signed, no claims can be made regarding external defects.

The Owner is not liable for failure to fulfill obligations due to force majeure.

8. Exclusion of Right of Withdrawal for Professional Users

Professional Users are not entitled to withdraw from the sales contract. Any order placed using a VAT number will be considered from a Professional User.

9. Right of Withdrawal for Consumer Users

Consumer Users may withdraw from the contract within 14 days from receiving the Product, without penalty or reason, by emailing: servizioclienti@musonero.com using the optional withdrawal form provided.

For multiple items ordered in one order but delivered separately, the 14-day period starts from the date of receipt of the last item.

The User must return the Product without undue delay and no later than 14 days from the withdrawal notice. The User bears only the direct cost of return unless the Owner offers to cover it.

Upon proper withdrawal, the Owner will refund the purchase using the original payment method within 14 days.

Shipping fees will not be refunded if the User selected a more expensive delivery method than the standard one offered.

The Owner may withhold the refund until the Product is received or proof of return is provided.
Returns will not be accepted if the Product is defective due to misuse, negligence, tampering, improper maintenance, missing parts, etc. In such cases, the Product will be returned to the User, who will be charged for shipping.

10. Cases of Withdrawal Exclusion

The right of withdrawal does not apply to:

• Products subject to market fluctuations;
• Customized or made-to-measure items;
• Perishable goods (e.g., food products subject to spoilage);
• Sealed items unfit for return once opened (e.g., hygiene-sensitive goods);
• Products inseparably mixed with others after delivery;
• Contracts involving urgent repairs requested by the User;
• Sealed audio/video recordings or software opened after delivery;
• Newspapers, magazines, and periodicals (except subscriptions);
• Contracts concluded at public auctions;
• Non-residential accommodation, transport, car rental, catering, or leisure services for specific dates.

For more information, contact servizioclienti@musonero.com or call +390803142314.

11. Optional Withdrawal Form

The User may withdraw by using the following form, which must be fully completed and sent to the email address servizioclienti@musonero.com before the withdrawal period expires:

Subject: Withdrawal from sale or supply contract
I hereby communicate my withdrawal from the contract relating to the following product:
Product: __________________________
Order No: ________________________
Ordered on: _______________________
Name & Surname: __________________
Address: __________________________
Email used for purchase: ____________
Date: ____________________________
Signature

12. Warranty for Professional Users

Professional Users are entitled to warranties under the Italian Civil Code for defects and non-conforming goods (Art. 1490 et seq. c.c.).

13. Legal Warranty for Consumer Users

Consumer Users are entitled to the conformity warranty provided for in Articles 129 et seq. of the Consumer Code for all physical Products sold through the Website, except in cases of exclusion as set out in Article 128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that appears within 2 years from the date of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have already been present at that time, unless this presumption is incompatible with the nature of the physical Product or the nature of the lack of conformity.

If the Consumer User wishes to make use of the remedies provided by the conformity warranty, they must send a written communication to the email address servizioclienti@musonero.com or contact customer service at the number 0803142314.

The Owner will respond promptly and will inform the Consumer User of the procedure to follow.

For anything not provided for in this clause, Articles 128 to 135-septies of the Consumer Code shall apply, as well as the relevant provisions of the Civil Code concerning the formation, validity, and effectiveness of contracts, including the consequences of termination and the right to compensation for damages.

 

14. Intellectual and Industrial Property

All content on the Site (text, logos, images, graphics, etc.) is protected by copyright and trademark laws and is the exclusive property of the Owner.
The User is granted only the rights necessary to use the Site. All other rights are reserved.
If you'd like this translated into another language or need help implementing this content on your website (e.g., formatting it for WordPress or Shopify), feel free to ask.

15. Disclaimer of Warranties
The Website is provided "as is" and "as available", and the Owner makes no express or implied warranties regarding the Website, nor does it guarantee that it will meet the Users’ requirements or that it will be uninterrupted, error-free, or free from viruses or bugs.

The Owner will make every effort to ensure that the Website is available 24 hours a day without interruption, but shall not be held liable if, for any reason, the Website is unavailable or non-operational at any time or for any period. Access to the Website may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons beyond the Owner’s control or due to force majeure.

16. Limitation of Liability
The Owner shall not be held liable to the User, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions related to the use of the internet outside of its control or that of its providers.

The Owner shall not be liable for any damages, losses, or costs suffered by the User due to the non-performance of the contract for reasons not attributable to the Owner, with the User only entitled to a full refund of any price paid and any ancillary costs incurred.

The Owner assumes no responsibility for any fraudulent or unlawful use by third parties of credit cards or other payment methods, as it does not come into contact with the payment data used (such as credit card numbers, cardholder names, passwords, etc.).

The Owner shall not be liable for:

• any loss of business opportunity or any other indirect loss suffered by the User that is not a direct result of a breach of contract by the Owner;

• incorrect or inappropriate use of the Website by Users or third parties;

• the issuance of incorrect tax documents or data due to errors in the information provided by the User, who remains solely responsible for its accurate submission.

Under no circumstances shall the Owner’s liability exceed twice the amount paid by the User.

17. Force Majeure
The Owner shall not be held liable for failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control, including force majeure events or unforeseen and unpredictable events beyond its will.

The performance of the Owner’s obligations shall be considered suspended for the duration of such force majeure events.

The Owner will make every reasonable effort to find solutions that allow the proper fulfillment of its obligations despite the ongoing force majeure events.

18. Links to Third-Party Sites
The Website may contain links to third-party websites or applications. The Owner exercises no control over them and is therefore not responsible for their content in any way.

Some of these links may direct to third-party websites/applications that provide services through the Website. In such cases, the terms of use and service of the respective third parties will apply, and the Owner accepts no responsibility in relation to them.

19. Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy available at:
https://www.musonero.it/privacy-policy

20. Applicable Law and Jurisdiction
These Terms and Conditions are governed by Italian law.

For Professional Users, any dispute relating to the Website, the execution, and interpretation of these Terms shall be submitted to the jurisdiction of the court where the Owner is headquartered.

For Consumer Users, any dispute relating to the Website, the execution, and interpretation of these Terms shall be submitted to the court of the place where the Consumer User resides or has elected domicile, provided it is within Italian territory, without prejudice to the Consumer User’s right to refer the matter to a different court under Article 66-bis of the Consumer Code or pursuant to Articles 18, 19, and 20 of the Italian Code of Civil Procedure.

The application of more favorable and mandatory provisions under the law of the country in which the Consumer User habitually resides is reserved, particularly regarding the withdrawal period, the return of Products in the event of withdrawal, the methods and formalities of withdrawal notice, and the legal warranty of conformity.

21. Online Dispute Resolution for Consumer Users
Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.

This tool can be used by Consumer Users to resolve, in a non-judicial manner, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online.

Therefore, the Consumer User can use this platform to resolve any dispute arising from the online contract.
The platform is available at the following address: ec.europa.eu/consumers/odr/

Date: 28.11.2023