Terms of service
CONDITIONS OF SALE
1.1. These general conditions of sale apply to the purchase of "MM MONILI MILANO®" brand products (hereinafter "Products") made through the e-commerce site www.monilimilano.com (hereinafter the "Site") from part of users qualified as "Consumers" pursuant to article 1.2 below. The site, owned by Mariarita Rosa with registered office in Via Federico Ozanam 9, 20129 Milan (MI), tax code RSOMRT64S52H717D, VAT number 03637370960, is managed by MM MONILI MILANO di Mariarita Rosa.
1.2. MM MONILI MILANO di Mariarita Rosa deals with the sale of Products through the Site. Purchases of Products made through the Site will see as parties, as the seller (hereinafter the "Seller"), and the person who proceeds with the purchase of one or more Products for purposes not related to one's own business, commercial, craft or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to below as the "Parties").
1.3. The Owner is part of these general conditions of sale and also the owner of the rights to the domain name of the Site, logos and trademarks, relating to the products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address email@example.com
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in Article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
c) the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address stated by the same during registration on the Site or during the purchasing process.
1.8. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
1.9. Any costs for Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is placed by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales. concluded from that date.
2.3. The prices, the Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 Users from all over the world can access the Site and the Site may contain references to Products that are not available or cannot be purchased in the country of the visitor to the Site.
2.5 The Products available on the Site can only be purchased by users who, in the section of the Site specifically dedicated, request their delivery in one of the countries indicated on the Site.
3. How to purchase the Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, is a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail to the Seller at the 'address firstname.lastname@example.org
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4. Procedure for selecting and purchasing the Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to carry out the purchase of those inserted in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or ( iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate check-box. on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card or PayPal, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the e-mail address email@example.com
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than the one normally applied, net of any discounts and / or promotions in force at that time, due to of an obvious technical problem that occurred on the Site:
(a) if the Consumer himself has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a communication in this regard via e-mail, to the address of e-mail indicated by the Consumer when transmitting the order and (ii) reimburse the Consumer for payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error that occurred in the process of completing his order, offering the same, alternatively, to (i) pay in favor of the Seller, no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter's expense, no later than the following 14 (fourteen) days, by sending it to MM Monili Milano Via F. Ozanam 9 - 20129 Milano (MI) - Italy without damage, complete with all its elements and accessories (including labels and tags unaltered and attached to the product), accompanied by the instructions / notes / manuals attached, by the fections and original packaging and the warranty certificate and accompanied by the return form, duly completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance
5.1. Generally, the Site indicates the availability of the Products and the delivery times of the same, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that in to which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3.
5.3. The Site reports the availability and unavailability of Products, if a Product ordered by a Consumer is not available for delivery despite the confirmation of the order and will refund the Consumer and the payment, possibly already made by the Consumer, will be promptly reimbursed.
5.4. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to check without delay, and in any case no later than 3 (three) days from receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform the Seller of any defect within this period. of the products received or of their discrepancy with the order placed, according to the procedure referred to in the following art. 9 of these general conditions of sale. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve".
5.5. Once the term referred to in the previous par. 5.4. without the Consumer having formulated complaints against the carrier / shipper, the Products delivered will be considered definitively accepted by the Consumer.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the same time as the order is sent by the Consumer. The prices of the Products indicated on the Site include the costs of standard packaging, VAT (if applicable) and any indirect taxes (if applicable), while they do not include the shipping costs that are calculated before the confirmation of the order sent by the Seller. to the Consumer and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. Depending on the country in which the Products are to be delivered, the relative shipping costs will be displayed on the Site during the order creation process, which the Consumer undertakes to pay in addition to the price of the Products ordered.
6.3. The Consumer must pay the total price to the Seller, as reported in the confirmed order following the order confirmation sent by e-mail from the Seller to the Consumer.
6.4. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country where the products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.
6.5. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, are the sole responsibility of the Consumer.
6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous paragraphs. 6.4. and 6.5., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Multi Safepay, the operator that deals with payments on behalf of the Seller. The transmitted data will be sent in secure mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Guarantees and legal rights
1. You are required to examine the Products upon receipt to check for any defects or damage, which must be reported to MM Monili Milano at the following email address firstname.lastname@example.org, within 2 (two) months. Pursuant to art. 128 and s.s. of the Consumer Code, in the event that any defects in the Products appear in the 2 (two) years following their delivery, you will be required to report such defects to MM Monili Milani at the following e-mail address email@example.com, within 2 (two) months after their discovery. If it is found that a Product was damaged prior to delivery or defective (not due to use by you), you can proceed to the alternative return procedure request (a) Product replacement; (b) repair of the Product; (c) price reduction; or (d) return of the Product with the related refund request. MM Monili Milano will provide for the replacement / repair / total or partial refund of the price paid, including any shipping costs, provided that the Product has not been worn or used and damaged. For any complaints, the customer is requested to send a communication to the Customer Service at the following e-mail address firstname.lastname@example.org.
2. Without prejudice to the application of the previous paragraph (ii), MM Monili Milano is solely responsible for losses resulting from the violations by MM Monili Milano of these Conditions of Sale. This liability is exclusively limited to the purchase price of the purchased Product and to compensation for foreseeable damages. The damages are considered foreseeable if the parties could foresee them at the time of acceptance of your Order by MM Monili Milano.
3. Without prejudice to the application of the previous paragraph (iii), MM Monili Milano is not responsible for indirect damages that are an indirect consequence of the damage or main loss and that are not foreseeable by the parties, including, without limitation: loss of profits o revenues; loss of job opportunities; loss of profits or contracts; o loss of savings; it being understood that the foregoing will not preclude the right to take action for the loss or damage suffered pursuant to applicable mandatory provisions of law and paragraph (iii) or any other action for compensation for direct damages not excluded by one of the aforementioned damage categories indicated in this paragraph (iv).
4. Without prejudice to the application of the previous paragraph (iii), MM Monili Milano is not responsible for the failure, or the delay in, the execution of its obligations under these Conditions of Sale deriving from causes beyond its control including, by way of example : natural disasters, authority measures, war, fire, floods, explosions or riots, disruption of IT or telecommunications services, third party default (including breaches of data provision) and strikes.
In any case, the clauses of these Conditions of Sale do not imply a limitation of the rights guaranteed by law
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code).
10. Right of withdrawal
10.1 The Consumer is granted the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within 14 (fourteen) days from when the product was delivered. In the case of the purchase of multiple products delivered separately but purchased with a single order, the delivery date of the last product applies.
10.2 To exercise the right of withdrawal, the Consumer must inform MM Monili Milano before the expiry of the term referred to in paragraph 10.1 above of his decision by sending an explicit declaration to MM Monili Milano via the e-mail address email@example.com, of its decision to withdraw.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing the return code. Within and no later than the following 14 days, the Consumer must transcribe the return code on a form sent to him by MM Monili Milano and return the products to MM Monili Milano, together with the form duly drawn up and complete with the return code, sending them to :
MM Monili Milan, Via F. Ozanam 9 - 20129 Milan (MI) - Italy
10.4 If the Consumer has received the product, he is required to return it to MM Monili Milano, without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if you send back the goods before the 14 day period has expired. The risks and direct costs of returning the goods will be borne by the Consumer.
10.5 If you withdraw, you will be reimbursed for the payments you have made, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.
10.6 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
10.7. The Seller will take delivery of the returned Products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.6.
10.8. If the verification of the returned Products has been successful and the right of withdrawal has been validly exercised by the Consumer within the terms and in the manner provided, the Seller will refund the Consumer the full amount paid for the purchase of the Products, including the shipping costs, as quickly as possible and in any case within 14 (fourteen) days. In any case, the Consumer will be responsible for the shipping costs and any duties or additional taxes for returning the Product to the Seller.
10.9. The aforementioned refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer in favor of the Consumer; the Consumer's responsibility will be to communicate to the Seller, by e-mail to firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment. If the payment was made via PayPal, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the account used by the Consumer for payment.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of MM Monili Milano and / or its successors in title, without the Consumer having any rights over the same from accessing the Site and / or purchasing the Products.
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
14. Force majeure
14.1. The Seller will not be liable in the event of total or partial non-fulfillment of its obligations under any contract concluded under these general conditions of sale, if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable limits. control, including, by way of example but not limited to, catastrophic natural events, pandemics, acts of terrorism, wars, popular uprisings, power failure, general strike of public and / or private workers, strikes and / or traffic restrictions of couriers and air links.
15. Applicable law and competent court
15.1. Any sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian law. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
15.2. As an alternative to the conciliation attempt referred to in point 15.1 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's email address to be indicated on the European ODR Platform is as follows: email@example.com
15.3. If the conciliation attempt referred to in paragraph 15.1 or 14.2 above is not accepted, or if this attempt is unsuccessful, the dispute will be referred to the judge of the consumer's place of residence or domicile.
The Parties may not assign or otherwise transfer any of their rights and obligations arising from these general conditions of sale to third parties, without the prior written consent of the other party.
CONDITIONS OF USE
Welcome to the site monilimilano.com, the official online store of MM MONILI MILANO, hereinafter the Site. Access to and use of the Site are activities governed by these General Conditions of Use. Access and use of the Sites, as well as the purchase of products, presuppose the reading, knowledge and acceptance of these General Conditions of Use as well as the General Conditions of Sale. The Sites are managed and maintained by MM MONILI MILANO with registered office in Via Federico Ozanam 9, 20129 Milan (MI).
Access to and use of the Sites, including viewing web pages, communicating with MM MONILI MILANO, the ability to download information on products and purchase them on the website, are activities conducted by our users exclusively for uses personal unrelated to any commercial, entrepreneurial and professional activity. By accessing the Site you will be the one and only responsible for the use of the same and its contents. MM MONILI MILANO in fact cannot be held responsible for any use of the Website and its contents by any of its users that does not comply with the laws in force, without prejudice to the liability of MM MONILI MILANO for willful misconduct and gross negligence. In particular, you will be the one and only responsible for the communication of incorrect or false information and data relating to third parties, without these having given their consent, as well as in consideration of incorrect use of the same.
Finally, since each material will be downloaded or obtained through the use of the service at the user's choice and risk, any responsibility for any damage to computer systems or loss of data resulting from the download operations falls on the user and cannot be attributed. to MM MONILI MILANO. MM MONILI MILANO declines any responsibility for any damage resulting from inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, providers or links. telephone and / or telematic, to unauthorized access, to alteration of data, to the failure and / or faulty operation of the user's electronic equipment.
The user is responsible for the custody and correct use of his personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may arise against MM Monili Milano or third parties following the incorrect use, loss, theft of such information.
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