GENERAL TERMS AND CONDITIONS

Art. 1
Definitions

1.1. The term “online sales contract” means the sales contract relating to the tangible movable goods and/or services of the Seller stipulated between the latter and the Buyer within the scope of a remote sales system via electronic tools, organised by the Seller.
1.2. The term “Purchaser” refers to the natural or legal person who makes the purchase, pursuant to this contract, for purposes related to any commercial or professional activity carried out.
1.3. The term ‘Seller’ refers to the e-commerce site called monicadessi.it, or the entity that sells the goods and/or services through the website indicated in the following article and identified as the “site”.

Art. 2
Object of the contract

2.1. With this contract the Seller sells and the Buyer purchases remotely, via telematic tools, tangible movable goods presented and offered for sale on the website monicadessi.it.
2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics in the section of the web portal reachable at the address: https://monicadessi.it/ .
2.3. In order to validly conclude this contract, legal capacity to act and the age of majority (18 years) are required, which the Buyer declares to possess.
2.4. The products are sold by the Seller with the characteristics described on the Site at the time the order is sent by the Buyer and according to the general conditions of contract published on the Site at the time the order is sent, with the exclusion of any other condition or term.
2.5. The Seller reserves the right to modify these general conditions of sale at any time. The products are offered under the general contract conditions indicated on the Site at the time the order is sent until stocks run out.
2.6. Prices and goods for sale on the Site are subject to change without notice.
2.7. The Seller reserves the right, without prior notice, to modify the goods present on the Site or to modify their characteristics at any time and without prior notice or obligation.
2.8. The Seller reserves the right to make changes and improvements to any goods offered on the Site, without the obligation to make such changes to those already sold.
If any present or future provision of the general conditions of sale and/or the contract should be or become totally or partially void and/or ineffective or if there is a gap in the provisions of the general conditions of sale and/or the contract, the remaining provisions of the general conditions of sale and the contract will in any case remain valid and effective. It is understood that monicadessi.it and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the void and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and of safeguarding the economic substance of the contract.

Art. 3
How to enter into a contract

3.1. The contract between the Seller and the Buyer is concluded exclusively via the Internet in remote telematic mode, through the Buyer accessing the web address www.monicadessi.it , where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article.

Art. 4
Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded following the timely completion of the registration form by the Buyer – with the provision of consent to the processing of personal data, according to the Privacy Policy of the website, by accepting the “Terms and conditions of sale” – and the sending of the purchase form filled in by the system after the insertion of the selected products in the electronic cart. Before the final sending of the order, the Buyer will be invited to check the contents of the cart, with a summary of the same in which the details of the person ordering and the order, the price of the selected goods, the shipping costs and payment, the address where the goods will be delivered, the delivery times and the terms for exercising the right of withdrawal are reported.
4.2. When the Seller receives the order from the Buyer, he will send a confirmation email or display a web page confirming and summarizing the order itself, which will also contain the data referred to in the previous point.
4.3 monicadessi.it will have the right to accept or not the Orders received without, in the event of non-acceptance, the Customer being able to advance any rights or claims against monicadessi.it for any reason whatsoever.

Art. 5
Payment and refund methods

5.1. Payment by the Buyer may only be made using one of the methods indicated in the purchase procedure by the Seller.
5.2. Any refund to the Buyer will be credited using the same payment method chosen by the Buyer when placing the order. The Seller, in the event of exercising the right of withdrawal, will therefore refund the purchase price immediately after receiving the return of the goods sold and having verified their condition. The shipping costs incurred for returning the goods remain the responsibility of the Buyer.
5.3 Payments can be made by advance bank transfer. The bank details will be indicated to you when you choose to pay by bank transfer and will also be sent by email. An order paid by bank transfer has longer delivery times as it takes 1 – 2 working days to verify the credit, prepare the order and ship it.
5.4 It is possible to pay with third-party encryption systems that protect the transactions carried out (e.g. Paypal payment system) and over which the supplier has neither visibility nor responsibility.

Art. 6
Delivery times and methods

6.1. The Seller will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2. Shipping times may vary from the day following the order to a maximum of 60 (sixty) days from the confirmation of the order. In the event that the Seller is unable, for any reason, to ship within said timeframe, he will promptly notify the Buyer via email sent to the address provided by the latter during the purchase procedure.
6.3. Upon delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the sealing tapes if present.
In the event that the delivered goods present any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Seller, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.
In the event that the customer decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights he/she must contest the unsuitability of the packaging to the courier, by writing ‘RESERVATION OF INSPECTION OF GOODS DUE TO … ” (indicating the reason for the reservation in question) on the delivery document, of which he/she must retain a copy.
6.4 Please note that “Working Day” refers to any day of the week, except Saturday, Sunday and public holidays under Italian law.
6.5. Upon receipt of the products, the Buyer undertakes to check without delay, and in any case no later than 3 (three) days from receipt, that the delivery is correct and includes all and only the products purchased and to inform the Seller within this period of any defect in the products received or their non-conformity with the order placed,
6.6. After the deadline indicated in the previous paragraph 6.5., the delivered products will be considered definitively accepted by the Buyer.

Art. 7
Prices

7.1. All product sales prices are indicated at the web address https://monicadessi.it/ , are expressed in euros and constitute an offer to end customers.
7.2. The sales prices referred to in the previous point include VAT. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the Buyer and contained in the order summary web page, as well as in the summary email sent following the conclusion of the purchase procedure.
7.3. The prices indicated for each of the goods offered are valid until the date indicated in the catalogue. Any promotional offers are specifically indicated and marked on the site with the words “promotional offer”, “product on promotion” or with equivalent names.

Art. 8
Product Availability

8.1. The Seller’s computer system will confirm the registration of the order as soon as possible by sending the Buyer a summary email, pursuant to point 4.2.
8.2. The Seller cannot guarantee that the availability indicated on the Site is always correct.
8.3. In the event that a product ordered by a Buyer is not actually available, the Buyer will be promptly informed by the Seller of this circumstance.

Art. 9
Limitations of liability

9.1. The Seller assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances.
9.2. In any case, the warranty does not cover use of the product that is not compliant with the product’s intended use and the instructions/warnings provided by the Seller and/or the product manufacturer.
9.3. Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him.
9.4. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment for the products purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.

Art. 10
Seller’s obligations for defective products, proof of damage and compensable damages

10.1. The Seller shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product to a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.2. The Seller, through its customer service, will carry out quality controls to verify the actual non-conformity of the product and will provide feedback to the Buyer via email to the Buyer’s address provided during the registration process on the Site.
10.3. In the event of ascertained non-conformity of the product, the Seller will reimburse the Buyer for the shipping costs incurred for the return of the non-compliant product and, without any cost to the Buyer, repair the product or replace it with a new product; in this last case, the non-compliant and replaced product will remain the property of the Seller.
10.4. The aforementioned refund will be made by bank transfer in favor of the Buyer. It will be the Buyer’s responsibility to communicate to the Seller, always by email, 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.

10.5. No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it. Likewise, the Seller is not liable for defects resulting from bad and/or incorrect use of the purchased goods, from external causes (e.g. impacts, falls, etc.), from carelessness and improper use.
10.6. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.

Art. 11
Guarantees and assistance methods

11.1. The Seller is liable for any lack of conformity that becomes apparent within 14 (fourteen) days of delivery of the goods.
11.2. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 30 (thirty) days from the date on which the defect was discovered.
11.3. In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within 6 (six) months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.4. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. Products that show clear signs of tampering or faults caused by improper use or by external agents not attributable to manufacturing faults and/or defects are not covered by the warranty.
11.5. The request must be sent in writing, by registered mail, to the Seller, who will indicate his willingness to proceed with the request or the reasons that prevent him from doing so within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Buyer’s request, he must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.

Art. 12
Buyer’s Obligations

12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via email attached to the purchase order confirmation.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the buyer who acknowledges this – before the purchase confirmation, through electronic procedures.

Art. 13
Right of withdrawal

13.1. The Buyer has in any case the right to withdraw from the contract stipulated, without paying any penalty and without specifying the reason, within 14 (fourteen) days from the date of receipt of the purchased goods.
13.2. In the event that the Buyer decides to exercise the right of withdrawal, he/she must notify the Seller by registered mail with return receipt to be sent to the address Via Piero martinetti, 28 – 20147 Milano (MI) and anticipated by email sent to info@monicadessi.it provided that such communication is confirmed by sending the aforementioned registered mail with return receipt within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will be valid.
13.3. The return of the goods by the Buyer, under penalty of forfeiture, must take place no later than 14 (fourteen) days from the date of communication of the withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in their original packaging and without having been used by the Buyer.
13.4. It is understood that the risks and transport costs relating to the return of the products to the Seller will be exclusively and entirely borne by the Buyer.
13.5. In order for the right of withdrawal to be validly exercised, the products must be delivered or in any case sent to the Seller intact (without signs of wear, abrasions, nicks, scratches, deformations, etc.), complete with all their elements and accessories, accompanied by the attached instructions/notes/manuals, the original packaging and wrapping and the warranty certificate, where applicable. Otherwise, the Buyer will not be entitled to a refund of the amount paid. To this end, it is recommended to cover the original packaging of the products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.
13.6. If the verification of the returned products is positive and the right of withdrawal has been validly exercised within the terms provided, the Seller will refund the Buyer free of charge the entire amount paid for the purchase of the products, excluding shipping costs, as quickly as possible and in any case within 30 (thirty) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Buyer.
13.7. For the purposes of exercising the right of withdrawal, pursuant to this article, the direct costs of returning the goods to the Supplier shall be borne by the Buyer.
13.8. The Seller will refund the price paid by the Buyer after receiving the goods subject to withdrawal, without prejudice to the conditions set out in the previous point 13.3 so that the Buyer can obtain the aforementioned refund.
13.9. Upon receipt of the registered letter with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
13.10. In the exceptional case of cancellation of the order, either by the Buyer or in the case of non-acceptance of the same by monicadessi.it, the cancellation of the transaction and the reversal of the amount committed will be requested. The release times depend exclusively on the banking system. Once the transaction has been cancelled, in no case can monicadessi.it be held responsible for any damages, direct or indirect, caused by a delay in the release of the amount committed by the banking system.

13.11. By placing an order in the various ways provided, the Buyer declares that he has read all the information provided to him during the purchase procedure, and that he fully accepts the general and payment conditions set out below.
The Buyer is excluded from any right to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.

To exercise the right of withdrawal, the Buyer must send an email to info@monicadessi.it within 10 days of receiving the products with a communication containing:
– the list of products for which the customer wishes to exercise the right of withdrawal
– order number subject to refund
– the payment methods for the order and, in the case of payment by bank transfer, the consumer’s bank account number
– clearly specify the reason for which you intend to exercise the right of withdrawal

After that the consumer will have to send the products to the following address:
monicadessi.it
Via Piero Martinetti 28
20147 Milan (MI)
Returned products must be:
– correctly packaged in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and equipped with all accessories, instructions for use and documentation
– Consumable products must not be opened or used
– without obvious signs of use, other than those compatible with carrying out a normal test of the article. That is, they must not show signs of prolonged use (more than a few minutes) exceeding the time necessary for a test and must not be in such a condition as to not allow their resale
Shipping costs are the responsibility of the Buyer and the Buyer is free to choose the courier he prefers. The risks associated with the destruction or damage of the products during shipping are borne by the Buyer, it being understood that in such an eventuality, the products will not be considered intact and the withdrawal will not be effective.

Art. 14
Intellectual property rights.

14.1. The Buyer declares to be informed that all contents present on the Site are protected by copyright and other provisions in force regarding intellectual property: all rights are the exclusive property of “MONICADESSI.IT” or third parties.
14.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of “MONICADESSI.IT” or the respective rights holders.
14.3. The Buyer declares and guarantees that the data provided to the Seller during the registration process are correct and truthful.
14.4. The Buyer may at any time update and/or modify his/her personal data provided to the Seller through the specific section of the Site called “Account” accessible after authentication.

Art. 15
Safety.

15.1. Although the Seller adopts 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 Buyer on the Site, even after the Buyer has provided authentication (login), are not accessible or viewable by unauthorized third parties.

Art. 16
Force majeure.

16.1. The Seller shall not be liable in the event of total or partial failure to fulfill its obligations under this contract if such failure is caused by unforeseeable events and/or natural events beyond its reasonable control, including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strike and/or restrictions on the traffic of couriers and air links.
16.2. The contract shall be governed by and construed in accordance with Italian law.
16.3. For any dispute arising from this contract or related to it, the court of MILAN shall have exclusive jurisdiction.

Art. 17
Tongue.

17.1. These general terms and conditions are drawn up in Italian.

Art. 18
Transfer.

18.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from this Agreement without the prior written consent of the other Party.

Art. 19
Protection of confidentiality and processing of Buyer data

19.1. The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the legislation on privacy pursuant to Legislative Decree 30 June 2003, no. 196.
19.2. personal and fiscal data acquired by the Seller, data controller, are collected and processed in the forms and according to the methods provided for by the site’s Privacy Policy.

Art. 20
Communications and complaints

20.1. Written communications addressed to the Seller and any complaints will be taken into consideration only if sent by e-mail to the following address: info@monicadessi.it. The Buyer undertakes to indicate in the registration form on the website his/her residence or domicile, telephone number and e-mail address to which he/she wishes the Seller’s communications to be sent.

Shipping

see the SHIPPING AND DELIVERY page

Payments

In addition to the standard payment methods on the site, you can write to info@monicadessi.it and ask for additional methods.