1 – INTRODUCTION
The sale of products on the website www.monu.styleis governed by the following conditions and is intended solely to those persons acting as final consumers. This excludes that our products may be purchased from retailers or intermediaries. For this purpose, the Buyer expressly declares not to make purchases for purposes other than their commercial or professional activity.
In consideration of the commercial policy practiced, MONU reserves the right not to process orders which have been received from parties other than the final consumer or otherwise orders that do not comply with the trade policy exercised.
The following conditions of sale apply exclusively to purchases made with Monu and do not regulate the supply of different subjects that are on the site: www.monu.style through banner links or hyperlinks.
The Buyer should consult the conditions of sale before placing orders or conducting transactions with parties other than the Supplier Monu.
MonuWear reserves the right to update these conditions of sale at any moment; however, the terms of sale which are opposable to the buyers are in effect at the moment of the conclusion of the purchase contract.
Each time the Buyer purchases products from the site: www.monu.style, he or she will be prompted to accept the current general sales conditions in effect at the time of the conclusion of the purchase itself.
2 – SUPPLIER IDENTIFICATION:
The goods subject to the current general conditions are offered for sale by MonuWear, based in Milan, Viale Regina Giovanna No. 36; registered with the Chamber of Commerce of Milan in the “small business” section of the Business Register with the No. 425583, C.F.=SNTMCL67C51A662V, VAT 02899220137, hereinafter identified as Supplier, with the email address firstname.lastname@example.org, certified mail: email@example.com
3 – CONTRACT STIPULATION METHOD
The site permits the direct purchase of orders to MonuWear online. Through the Internet, following the indicated procedure, the Buyer will formalize the purchase proposal of the goods which are present and available on the above-mentioned site.
The website is unable to carry out special orders other than the products which are available on the site at the moment in which the Buyer plans to finalize the purchase.
If you have any further questions, please do not hesitate to contact customer service by email at firstname.lastname@example.org
4 – CONCLUSION OF THE CONTRACT
Italian is the language in which to conclude the contract with MonuWear.
The purchase agreement is finalized by correctly filling in the order form and electronically sending it to Monu, after having viewed a printable webpage of the purchase summary. This purchase summary specifies information regarding the buyer and the purchase, the price of the goods purchased (including all applicable taxes), the shipping costs and any additional expenses, the manners and terms of payment, the address to which the goods will be delivered, the delivery times, and the existence of the right to cancel an order. (See section 5 for ordering procedures.)
Before submitting the order form, the Buyer will be able to identify and correct any data entry errors.
The Buyer is required to pay the indicated price at the moment the order form is submitted.
In the moment in which the Supplier receives the Buyer’s order, an email confirmation will be sent to the latter. From this moment, the contract between the two parties will be considered finalized.
In the absence of the above-mentioned procedures, the contract will be deemed imperfect and invalid.
5 – ORDERING PROCESS
If an account has already been created, a password will be required in order to authenticate the account.
This password must be kept secure and must not be communicated to third parties. Monu denies any liability with regard to orders placed by persons other than the rightful owner of the password.
Multiple products can be selected by clicking “add to cart.”
Selecting the quantity and size of each product that one wishes to buy is mandatory.
To continue the purchasing process after having selected the products desired, the Buyer must confirm the method of delivery as well as indicate the exact address where he wishes to receive the delivery.
Having completed this phase by clicking the “confirm” button, the Buyer must choose a payment method among those listed as available on the site MonuWear (see the section on payment methods).
In no case shall an order process be complete without having given consent to the treatment of personal information (which will be available in its entirety through a hyperlink) and also without accepting the general terms and conditions set forth herein (always available in its entirety through a hypertext link).
Monu reserves the right to not proceed with purchase orders that are incomplete or incorrect, or in the event that the products are unavailable.
In this case, the Buyer will be notified via the email address he has provided that the contract has not been finalized and that Monu did not complete the purchase order – specifying the reasons for this.
If the products presented on the site: www.monu.style are not available at the moment that an order is sent, Monu must promptly communicate to the Buyer the unavailability of the products ordered, and in any event, this communication must take effect no later than thirty (30) business days from the day after the order.
In this latter case, if the payment was successful, Monu will complete a refund without delay as anticipated by the Buyer, and the contract between the parties will be terminated.
6- PAYMENT METHOD
Each payment made by the Buyer will only take place by one of the payment methods indicated on the Monu website.
The information required for the payment and entered by the Buyer will not be saved on the website of Monu; it will be sent directly to the payment system sites.
Monu declines all liability for fraudulent use of information or the release of it.
The Buyer may choose if he wishes to receive an invoice for the purchases; in this case, the total purchase price will be indicated separately from the value added tax.
7 -SHIPPING METHODS AND COSTS
After sending the email confirmation of the receipt of the order, Monu will send a second email containing the terms and conditions of shipping and delivery.
The shipment will take place within 10 (ten) business days from the time the email is received. This is valid for all shipments to be delivered in the territory of Italy as well as in a European or non-European country indicated by the Buyer.
There is no shipping cost for this type of delivery within Italy.
The shipping costs for deliveries abroad are indicated in the following table:
TABELLA PREZZI SPEDIZIONE
The shipping confirmation email will contain an order number which the Buyer will need to refer to in subsequent communications and in the management of the contract with Monu.
A tracking number will also be assigned so that the Buyer may check the progress of the delivery at any time through the website: SITO PER SPEDIZIONE
MonuWear declines any responsibility regarding deliveries not made within the time period indicated due to circumstances or acts of nature beyond its control.
In the event that MONU is unable to make the shipment within the period of 30 business days from the date that the confirmation mail of the order was received, it will give a timely notice in the shipment confirmation mail.
Monu declines any responsibility in the case of products being lost or damaged during shipment.
8 – PRICES
All prices of the products available on the site www.monu.style are in euros. or dollars.
All prices include VAT.
With the exception of cases of reimbursement provided in this contract and under the right of withdrawal, MONU will not refund the value added tax applied on purchases regardless of the Buyer’s country of origin.
The Buyer must pay in full the price that Monu has requested.
Product prices may be subject to change.
9 – AVAILABILITY OF PRODUCTS
Monu utilizes an electronic system to process and fulfill orders without delay, ensuring that the number of products available and those unavailable, as well as shipping times, are indicated in real time within the electronic catalog.
If an order exceeds the amount available in stock, Monu, via the email address provided by the Buyer, will inform the Buyer if the product is not available to purchase or of the waiting times to obtain the product, while requesting order confirmation.
Monu reserves the right to modify at any time and without notice the products offered on its site. To guarantee better service quality and a greater availability of products for a greater number of the site’s customers, Monu also reserves the right to limit the number of products which can be purchased by each customer in accordance with the provisions of the law.
10 – THE BUYER’S OBLIGATIONS
The Buyer agrees to pay the price of the goods purchased in full within the time and in the manner specified by these conditions of sale (see the section on prices).
The Buyer agrees to correctly fill in the form for their order by entering the correct information and verifying its accuracy before the purchase is made.
If the Buyer decides to use a password, he or she agrees to keep it protected and not share it with third parties.
The Buyer agrees, once the purchase process online is concluded, to print and keep a copy of the contract.
All information contained in this contract is subject to being read and accepted by the Buyer, who acknowledges that this step is required to be able to proceed to the conclusion of the purchase.
11 – RIGHT TO WITHDRAW
The Buyer has the right to terminate the contract with Monu, without any penalty and without specifying the reason for the withdrawal within and not over a period of 14 (fourteen) business days from the date that the goods were purchased.
The withdrawal must be made within the period mentioned above and only by sending a registered letter to the registered office of Monu at Milano Viale Regina Giovanna No. 36, Milan.
To verify the timeliness of the request for withdrawal, the date of the receipt of the letter shall prevail.
If the Buyer has a certified email address, he or she may send the request for withdrawal within and no later than 14 business days from the moment the goods are received by sending a certified email to Monu at email@example.com.
Requests for withdrawal submitted by regular mail, fax, or regular email will not be taken into consideration.
Once the Buyer’s withdrawal request has been received, Monu will forward it to the email address specified on the order form and will specify if the request was considered timely and effective.
If not, it will communicate to the Buyer the reasons for which it will not carry out the withdrawal request. In this case, it will not be held responsible for the reimbursement of the price paid.
Otherwise, when the Buyer has promptly and sensibly exercised his right of withdrawal, he must return the products to Monu within 14 business days from the moment in which the request for withdrawal was initiated.
Payment of shipping costs for the return of products is the responsibility of the Buyer.
The goods must be returned intact, without any changes from the time they were received (They must not be dirty, stained, torn, washed, or obviously used.), and each item must have its identification tag with the disposable seal, an integral part of the merchandise.
When the right of withdrawal has been exercised justifiably in terms of time and manner, yet the goods are returned to Monu with some of the anomalies listed above, Monu is exempt from refunding the price.
If the right of withdrawal is exercised properly both in terms of method and substance in the terms expressed above, Monu will refund the amounts paid for the products in the terms and conditions outlined in the following paragraph, titled: REIMBURSEMENT TIMES AND METHODS.
If the right of withdrawal is exercised after the deadline which has been established by law, Monu reserves sole discretion to provide an exchange without any refund.
In any case, the return of merchandise must respect the requirements of integrity, and the merchandise must be in the same condition it was in at the time of shipment.
Monu denies any liability with regard to damages or losses that the goods may possibly suffer during shipment.
12 – REIMBURSEMENT TIMES AND METHODS
In the event that the right of withdrawal is exercised in accordance with the procedures in terms of time, form, and substance as described in the paragraph governing the right of withdrawal, Monu will refund the total of the amounts paid within 30 (thirty) days of receipt of the notice of withdrawal.
If the Buyer follows the correct method for making a withdrawal, the only expense he or she will incur is the fee to return the merchandise to Monu.
Monu will perform the refund using the same method of payment supplied by the Buyer for the purchase of goods unless another explicit agreement is made between Monu and the Buyer.
If there is no correspondence between the person who made the order and the one who paid the corresponding price, the Buyer is informed that the refund will always be made to the person who made the payment.
13 – LIMITED WARRANTY OF CONFORMITY
Monu will deliver a product to the Buyer which conforms to the contract and is free of defects in accordance with the delivery time. The product will have the features advertised at the time of the sale, and it will be for the intended use that one usually associates with products of the same kind.
Each product is illustrated completely within each tab.
However, when buying products online, it is necessary to take into account that colors may appear different online than in person. This discrepancy may be due to the Internet browser or the monitor.
Monu informs Buyers that by subscribing to its newsletter, it is possible to receive a free sample of the fabric used to make the garments.
14 – LIMITATION OF LIABILITY
Monu does not assume any responsibility for disruptions caused by forces of nature which may prevent executing the order within the time stipulated in the contract.
Monu may also not be liable to the Buyer, except in cases of proven intent or gross negligence, for outages or malfunctions related to the use of the Internet outside the control or either itself or its sub-suppliers.
Monu will not be liable for any damages, losses, and costs incurred by the Buyer as a result of a breach of contract for reasons that are not attributable to the company. The Buyer is only entitled to a refund of the price paid and any charges incurred.
Monu is not responsible for any fraudulent or illegal activity made by third parties, such as with credit cards or other methods of payment when the purchases were made, as payment data is not stored on the Monu site but on those sites of the operators chosen for each type of payment.
Furthermore, Monu cannot be held responsible for any delays or disruptions in payments made by the Buyer if it shows that such delays or inconveniences are not due to Monu.
15 – GUARANTEES
www.monu.style offers handmade products directly from their manufacturers.
The items feature the reproduction of some works of art from the city of Milan which are produced by hand on the fabric after being designed by Monu.
The reproduction of the monuments in a free interpretation and not a true reproduction.
Monu does not sell or advertise products which are used, irregular, or of a lower quality than market standards.
Monu is liable for any lack of conformity which becomes apparent within two years of the delivery of the product.
For the purpose of this contract, it is assumed that the consumer goods comply with the contract if, where appropriate, they following circumstances coexist:
- a) they are fit for the purposes for which goods of the same type are normally used;
- b) they comply with the description given by the seller and possess the same qualities of the goods the seller has held out to the Buyer as a sample or model;
- c) they show the same quality and performance which are normal in goods of the same type and which the consumer can reasonably expect given the nature of the property and, where appropriate, public statements by the seller, the manufacturer, or his advertising or labeling agent on the specific characteristics of the goods ;
- d) they are also particularly suitable for the use the consumer requires of them and which was made known to the seller at the time of the conclusion of the contract and that the seller has accepted.
The Buyer loses all rights if no complaint is made against Monu within two months from the date on which the defect was discovered (latent defect). The complaint is not required if Monu recognizes the existence of the defect or has clearly tried to conceal it.
In any case, unless proven otherwise, it is assumed that any lack of conformity which becomes apparent within six months from the delivery of the goods had already existed prior to that date, unless this assumption is incompatible with the nature of the goods or the nature of the defect conformity.
In case of proven lack of conformity, the Buyer may ask, alternatively and without expenses, the conditions set out below: the repair or replacement of the goods purchased, a reduction of the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or it is prohibitively expensive for Monu pursuant to art. 130, paragraph 4 of the Consumer Code.
The request must be delivered to the legal headquarters of Monu by registered mail or by certified email if the Buyer possesses one. Monu will demonstrate its willingness to act on the request or indicate the reasons that it cannot within 7 (seven) business days from receiving the request. In the same communication, where Monu deems the Buyer’s request valid, Monu will indicate the shipping method or return of property as well as the deadline for the return or replacement of the defective goods.
If repairing or replacing the goods is impossible or excessively expensive, if Monu has failed to provide repair or replacement of the goods within the period indicated in the preceding paragraph, or finally, if the replacement or repair previously carried out have caused a significant inconvenience to the Buyer, the Buyer may request a reduction in price or the termination of the contract. The Buyer will then send the request to Monu, in the manner previously described. Within 7 (seven) business days from the receipt of the request, Monu will either indicate its willingness to carry out the Buyer’s wish or will provide reasons for its failure to do so
In the same communication, where Monu has accepted the Buyer’s request, it must indicate the proposed reduction of price or how to return the defective goods.
In these cases, the Buyer will carry the responsibility of indicating the method for crediting the amount previously paid to Monu.
16 – CUSTOMER SERVICE
The Buyer is invited to contact customer service to receive any type of information. The email address dedicated to this is: firstname.lastname@example.org.
It is not possible to contact customer service in order to cancel the contract (see the paragraph dedicated to the procedures for withdrawal.)
17 – PRIVACY AND DATA PROCESSING OF THE BUYER’S INFORMATION
Monu protects the privacy of its customers and ensures that the processing of data is done in compliance with the legislation referred to in Legislative Decree No. 196 of June 30, 2003, and its subsequent amendments and additions.
Personal information collected on paper, online, or by telephone by Monu, holder of the processing, is collected solely with the purpose of registering orders, activating the procedures for the conclusion of the online purchase contracts and the related necessary communications, and, if one chooses to subscribe to the newsletter, sending updates about Monu. Personal information is also collected to fulfill any legal obligation and to enable efficient management of commercial services to perform the best service required (Art. 24, paragraph 1, letter b).
Monu will treat all information received from the Buyer as confidential and will not share it with people who are not authorized. It will not use this information for purposes other than those for which it was collected, nor will it share this information with third parties.
Personal data can only be disclosed on request of the Judicial Authority or other entities authorized by law.
Having signed a commitment to confidentiality of the information itself, personal information will be disclosed only to delegates that require it to perform the activities necessary for the completion of the stipulated contract.
- Under art. 7 of the legislative decree No. 196 of 2003 and its subsequent amendments and supplements, the Buyer has the right to:
- a) update, or correct – when interested – the integration of the information;
- b) the cancellation, anonymization, or blocking of information in violation of the law – including information that is kept for purposes other than for which it was collected;
- b) acknowledgment that the operations detailed in letters a) and b) have been communicated to those whose information has been shared or diffused – except in cases where this proves impossible or involves the use of means which are manifestly disproportionate to the protected right. The party has the right to object, in whole or in part and for legitimate reasons, to the processing of personal information: even if it is pertinent for collection purposes, for the purpose of sending out advertising materials or direct sales, or for conducting market research or business communications.
The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, the Buyer will not be given way to any purchase order.
In any case, the data collected will be kept for a period of time that is no longer than necessary for the purposes for which it was collected and subsequently processed. Its removal will be handled in a secure manner. The owner of the collection and processing of data is MonuWear, with its legal representative, Mrs. Maria Claudia Santaloja, at the company headquarters in Milan, Viale Regina Giovanna No. 36, ITALY.
Any communication sent to the e-mail or certified mail of MonuWear [requests, suggestions, ideas, information, materials etc.] will not be considered confidential. It must contain valid information, and it must not violate the rights of others. In any case, no responsibility for the content of the messages themselves can be attributed to MonuWear.
18 – METHOD OF FILING THE CONTRACT
Under art. 12 of legislative decree No. 70 of 2003, Monu informs the Buyer that each order sent is stored in digital /paper form on a server at J2WEB SOLUTIONS SRL in Reggio Emilia, Via Ancona No. 4, according to the criteria of confidentiality and security.
19 – SETTLEMENT OF DISPUTES
All disputes from the application and interpretation of this contract shall be resolved in a conciliation attempt at the mediation body of the Chamber of Commerce of Milan and resolved according to the Conciliation Rules adopted by it.
If the parties intend to appeal to the ordinary judicial authorities, the jurisdiction is that of the place of residence or domicile of choice of the Buyer, mandatory pursuant to art .33 paragraph 2 letter u of the Consumer Code. 33 comma 2° lettera u) Codice del Consumo.
20 -APPLICABLE LAW
This agreement is governed by Italian law.
Under Article 60 Consumer Code, the provisions contained in Part III Title II Chapter I of the Consumer Code are expressly invoked.