General conditions of sale consumer products

Introduction

Welcome to the website of www.monilimicucci.it.

We invite you to read carefully, print and keep the following General Terms and Conditions of Sale governing purchases on our website.

These General Terms and Conditions of Sale of www.monilimicucci.it apply to those defined as "consumers" or "users" (hereinafter "users" or "You"), pursuant to art. 3 of Legislative Decree 6th Sept. 2005 n. 206 and have as their object the purchase of products on the website.

The products on the website www.minilimicucci.it are sold through the technique of distance selling through the internet, directly from MI.CAR. S.r.l.s. with headquarters in Palma Campania (NA), via Traversa Ferrovia, 12 - 80036 - P. IVA / C.F.: 08740201218 (hereinafter MONILI). Each purchase transaction will be governed by the provisions of Legislative Decree no. 206/05; the information directed to the conclusion of the contract will also be governed by the provisions of art. 12 of Legislative Decree 70/03, from Chapter I Title III - part III of the Consumer Code (Legislative Decree No. 206/05) - as amended by Legislative Decree no. 21/2014 and as regards the protection of personal data, the legislative reference is Legislative Decree 196/03 (Privacy Code) and European directives 2002/58 / EC and 95/46 / EC.

Changes and Validity

The General Conditions of Sale may be changed at any time. Any changes and / or new conditions will come into force and will be effective from the moment they are published on the site. Therefore, you are requested to regularly access this section to check the publication of the most recent and updated General Terms and Conditions of Sale of www.monilimicucci.it. In any case, MONILI will provide to inform you expressly, if these conditions will be modified, inviting you to take vision. If you do not agree, in whole or in part, with these General Conditions, please do not use our website. The General Conditions in force on the date the order is placed apply to purchase orders. These conditions do not govern the sale of products and / or the provision of services by parties other than MONILI that are present on the website through links, banners or other hypertext links. Therefore, before making commercial transactions with these parties, we advise you to check their sales conditions. MONILI is not, in fact, responsible in any way for the provision of services and / or the sale of products by third parties, nor for the contents present on their sites, including any errors and / or omissions and / or violations of the law by them.

Website Registration - Registration Credentials

Before proceeding to the conclusion of any sales contract and consequently of any purchase on www.monilimicucci.it , it is necessary to register on the website, entering your name, surname, e-mail address and password. Registration on the website is free. Registration is confirmed by e-mail, which will contain the indication of the Username and Password necessary for subsequent accesses (hereinafter "Registration Credentials"). Registration Credentials must be used exclusively by the user and must in no way be transferred to third parties. The user will deem MONILI to be free from any indemnification and / or sanction arising and / or in any way connected to the violation by the user of the website registration rules. MONILI adopts all the appropriate security measures to protect the users' credentials, in any case, the user is solely responsible for accessing the website through the Registration Credentials and is directly responsible for any damage, claim, action or prejudice caused to MONILI or third parties from improper use, loss, misappropriation by others or failure or inappropriate custody and / or in any case the absence of an adequate level of secrecy of their Registration Credentials. All transactions made through the Registration Credentials are considered to be made by the user to whom the Credentials refer.

The user undertakes to make appropriate modifications and updates to his data so that they can always be up to date and truthful and undertakes to communicate to MONILI, by sending an e-mail to the following address: info@monilimicucci.it, any use illegitimate of their Registration Credentials and any other transgression of their Username and Password of which they were aware.

MONILI reserves the right to refuse, at its sole discretion, the registration of a user.

Conclusion of the Contract of Sale

The sales contracts of the products on the website www.monilimicucci.it, are considered concluded when the purchase order, in electronic format, completed by the user, following the instructions that will appear from time to time on the site and transmitted from the same by electronic means to MONILI, is received and accepted by MONILI, which sends, to the email address indicated by the user, a confirmation e-mail containing a link to access a summary of the General Conditions, of the information on the characteristics of the product purchased, the detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, shipping costs and any additional costs. In any case, no contract will be deemed concluded, without the user having accepted the General Conditions of Sale electronically during the purchase.

The user, by electronically sending his purchase order, declares to have read and accepted these General Terms and Conditions of Sale and undertakes to observe and respect them in his relations with MONILI.

Processing of personal data - Information pursuant to art. 13 Legislative Decree no. 196/2003

MONILI pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired also verbally and / or by telephone, with reference to the relationships established between the user and MONILI, supplied directly by the users, or otherwise acquired in the context of the activity of the company, will only be processed by MONILI and its internal staff and stored for the time necessary to perform the requested service, unless otherwise expressly consented by the user, in compliance with the law referred to and for the purposes mentioned above, including the obligations of confidentiality provided by these.

In relation to the aforementioned, the rights referred to in Article 7 of the Legislative Decree may be exercised n. 196/2003, or requests for access, modification, cancellation, updating, opposition to processing, rectification, transformation into anonymous form, integration, blocking and any other right envisaged by art. 7, by sending an e-mail to: info@monilimicucci.it and or via mail to MI.CAR. S.r.l.s. Via Traversa Ferrovia, 12 - 80036 - Palma Campania (NA) –– Italy.

The data controller is MI.CAR. S.r.l.s, registered office: via Traversa Ferrovia, 12 - 80036 - Palma Campania (NA) - Italy.

For more information on how to process personal data, please read our Privacy and Cookies Policy carefully.

Customer's obligations

The user is required to read these General Terms and Conditions of Sale carefully, before forwarding their purchase order and printing a copy, using the PRINT key at the bottom of the page and keep it for himself.

The forwarding of the purchase order with payment obligation implies the full knowledge and acceptance of these conditions.

How to purchase

The offers published on the website are available for a limited time and with limited quantity of products. The validity date of the offers is indicated on the site.

All prices shown on the site are expressed in Euros and are inclusive of VAT. This amount will be shown separately, for each product, on the order form and on the order confirmation e-mail. The products will remain the property of MONILI until payment of the purchase price and other expenses paid by the user have been made.

MONILI will proceed with the purchase order only after receiving confirmation of the authorization to pay the total amount due as indicated in the order. The user purchases the product, the characteristics of which are illustrated on-line in the relative descriptions and techniques, at the price indicated therein to which are added the delivery costs specified on the site. In this regard, it should be noted that the images on the website have the sole purpose of illustrating the products offered by MONILI and that, therefore, the product may differ in color from the illustrative images, as these colors may undergo variations based on the screen used by the user.

Before submitting the purchase order, the unit cost of each selected product is summarized, the total cost in the event of the purchase of multiple products and the relative delivery costs.

Once the purchase order has been submitted, the user will receive an e-mail message from MONILI stating confirmation of receipt of the purchase order and containing information on the main characteristics of the purchased good, the right of withdrawal, the indication detailed price, delivery costs, applicable taxes and means of payment and containing a reference to these General Sales Conditions and to detailed information on the right of withdrawal, its conditions and the methods of its exercise.

MONILI reserves, in any case, the right not to accept orders, from anyone coming, that are in some way anomalous, by way of example only, for quantity of products ordered, frequency of purchase, modality, etc.

Payments

The user can make the payment due by credit card. MONILI accepts the PayPal circuit and the credit cards of the MAESTRO, VISA / POSTEPAY, MASTERCARD, PAYPAL PREPAID CARD, DISCOVER, AMERICAN EXPRESS AND CARTA AURA circuits.

The user can make use of the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by users. On the occasion of the first purchase, the user will be asked to communicate the data for the header of the receipt.

In this regard, it should be noted that the financial data (for example, credit / debit card number and expiry date) communicated to the banking system, PayPal system, will remain the sole responsibility and responsibility of the same. MONILI will use the financial data (credit / debit card number) only and exclusively to process the user's purchase orders and only and exclusively to carry out the credit in favor of the user, when he has exercised the right of withdrawal, or if it becomes necessary to report to the police organs frauds and / or computer and electronic crimes perpetrated against our website. The user is redirected for payments on this banking circuit equipped with SSL security protocols and encrypted systems, as required by law and in compliance with international standards. In any case, MONILI has no possibility of access, knowledge of such data and confidential information of the user and cannot be held responsible for any loss and / or any other type of damage caused to the user in relation to the phase Payment for purchases made on our website.

For any information regarding payment procedures, please read the Paypal rules.

If the invoice is deemed necessary, the user is required to notify it during the purchase process.

In case of non-payment, MONILI will charge the costs related to the management of the payment to the user and will refuse the relative purchase order, notifying it by e-mail.

Product Delivery

The purchased products are delivered by courier to the address specified by the user when completing the online purchase order. The user is solely responsible for the address provided for shipping. Any specific needs will have to be clarified to MONILI by the user. In case of impediments to delivery due to force majeure, MONILI will contact the user by e-mail to inform him of the delay in delivery times and any other complication. MONILI cannot be held responsible for any delays and / or impediments due to acts of third parties and / or force majeure.

Shipping Costs

The shipping costs vary and are calculated by our couriers according to the country indicated by the user for the destination of the product, the user can clearly see the amount that will be added to the price of the good during the phases of his purchases.

If in any case, the user wants to know in advance the amounts relating to the shipping costs and the average delivery times based on the country of destination, he will be able to view the relative technical data sheet including all the rates here.

Please take a look at it, because the same form is to be considered an integral part of these General Conditions of Sale.

MONILI relies on the following couriers: DHL FOR ABROAD, FEDEX TNT FOR ITALY

For more information about the rules set by these couriers for deliveries, please read their regulations:

  •  DHL
  •  FEDEX TNT

Should the delivery not be successful, in order for the courier not to find anyone in the place indicated by the user for delivery and / or for other reasons, the purchased products will be kept in storage in the courier's warehouses and will be communicated to the user, in the shortest possible time, when the courier will carry out the redelivery.

At the end of the storage period, when the courier fails to deliver the products to the address indicated in the order form, the product will be returned to MONILI and the contract will be terminated. For this period it will be up to the courier to ask the user to pay a daily flat-rate refund.

In this circumstance, MONILI will reimburse the sum paid by the user for the purchase of the product, net of the delivery costs of the product that is not successful, the custody and other expenses, or will send the user a new product.

Receipt of the Package

When the courier delivers, the user must check the integrity of the package and its compliance with the ordinary characteristics of a new package before accepting it definitively.

Any disputes must be raised immediately to the carrier, in the absence of these, the product is considered delivered correctly.

If the package is damaged or manipulated upon delivery, the user can:

  •  express a reservation, that is, accept the package, but before signing the delivery document, indicate in the same: "Accepted with reserve". It will thus be possible, once the package has been opened and any damage established, to be immediately compensated for the damage.
  •  refuse delivery of the package for tampered items.

If the user does not perform these operations, MONILI will consider the package delivered correctly.

Legal Compliance Guarantee and Defective Products

The products sold on the website www.monilimicucci.it are covered by the legal guarantee of conformity provided for by the art. 128 - 135 of the Consumer Code (Legislative Decree No. 206/2005), this guarantee is reserved for consumers (users).

The images and colors of the products published on the website may differ from the actual ones due to the local settings of the systems and / or tools used for their display. MONILI is not responsible for the mismatch between the product published on the site and the one ordered, in the event that the mismatch derives from errors in the description attributable to the supplier and of which MONILI was not aware and could not be using normal diligence.

MONILI is liable to the user for any lack of conformity existing at the time of delivery of the product. The defect must be reported to MONILI, under penalty of voiding the warranty, within two months from the date on which it was discovered, by sending an e-mail to the following address: info@monilimicucci.it.

In case of lack of conformity of the products purchased with respect to publication on the website, the user has the right to repair or replace the product, without any additional cost, where this is possible in relation to the number of products still available and unless replacement or repair is not excessively expensive for MONILI in relation to the value of the asset and in the absence of a lack of conformity. Alternatively, the user has the right to terminate the contract or reduce the price.

In order to take advantage of the Legal Compliance Guarantee, the user must provide proof of the date of purchase and the actual delivery of the goods. Products repaired, modified or in any way altered by the user are excluded from the legal guarantee.

The products purchased on the website are subject to the discipline on the sale of consumer goods.

Right of withdrawal

The user has the right to exercise the right of withdrawal pursuant to art. 64 of Legislative Decree n. 206/2005. In particular, the user has the right to withdraw from any contract concluded with MONILI, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days starting from the receipt of the products purchased on our website (as foreseen by the Directive 2011/83 / EU and by Legislative Decree No. 21 of 21 February 2014).

The user can exercise the right of withdrawal directly by entering the page dedicated to the return of the products and filling in the Return Form, entering the number of his purchase order which will be communicated to him at the time the order summary is sent. The Return Form must be properly completed and sent to MONILI using the Send button on the dedicated web page. At the end of the process of filling in and sending the form, an e-mail confirming receipt will be sent to the user, please print a copy which must be enclosed with the product to be returned.

It is recommended to read the page dedicated to the return of the products which is to be considered an integral part of these General Conditions of Sale.

If the user intends not to use our Return Form, to exercise his right of withdrawal, he can send us an e-mail to: info@monilimicucci.it , indicating his data (name, surname, address, and- mail), product purchased and identification number of the purchase order, within 14 days of receipt of the products purchased on the website, data to obtain the crediting if they are different from those indicated in the purchase process. Also in this case, we will send the user a confirmation e-mail, which he will have to print and insert in the product package to send back to us.

The user must also provide to ship the products, using a courier of his choice and at his own expense, no later than 14 working days from the date on which the communication of the intention to exercise the right of withdrawal is sent, properly packaged in their original packaging, accompanied by all the possible accessories. A copy of our confirmation of receipt of the Return Form must be enclosed in the package.

We remind you that, pursuant to Legislative Decree no. 206/2005, the deadline is met if the user returns the products before the expiry of the fourteen-day period.

Sending everything to: MI.CAR. S.r.l.s. via Traversa Ferrovia, 12 - 80036 - Palma Campania (NA) - Italy.

If the right of withdrawal is exercised by the user in accordance with the provisions contained in this clause and in the manner provided on the web page How to Return, MONILI is required to reimburse the amounts paid by the user. In particular, MONILI will proceed free of charge with the transmission of the re-credit order relating to the cost of the goods shipped including the shipping costs incurred for the purchase, within 14 (fourteen) days from the date on which it became aware of the exercise of the right to withdrawal. In any case, MONILI reserves the right to suspend the refund until receipt of the returned product and to check that it is intact in all its parts.

The repayment operation will be carried out through the credit card issuer of the credit card used for the payment, or by crediting the sum to the bank account indicated by the user.

MONILI reserves the right to refuse products that are damaged or that are used, washed or altered in any way. MONILI reserves the right to reject any product returned in ways other than those specified above. If the return will not be accepted, we will contact the user and inform him of the reasons.

If the data indicated in the Return Form and those of the subject who made the payment during the purchase of the product do not correspond, MONILI will credit the sums due in favor of the person indicated in the product purchase order form, unless otherwise notified.

Ai sensi dell'art. 55 del Codice del Consumo D. lgs. n. 206/2005 si rende noto che l’utente non potrà avvalersi del diritto di recesso in caso di acquisto di prodotti personalizzati.

In case of total or partial non-payment of the purchase price of the product, MONILI reserves the right to declare, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, the present contract was terminated by sending a written communication to the user's electronic address.

Communications

For any communication or clarification, the user can contact us by writing to the e-mail address info@monilimicucci.it. You will be contacted within 3 working days of the request.

Applicable law and postponement

These General Conditions of Sale are governed by Italian law.

For matters not expressly provided for in these General Terms and Conditions of Sale, the provisions of current Italian law apply.

Conciliation

If disputes should arise in relation to these General Terms and Conditions of Sale of the website www.monilimicucci.it, MI.CAR. S.r.l.s. declares to join the online conciliation service provided by the Italian Chambers of Commerce (Conciliation Chamber ConciliaCamera), specifically the online service activated at the Chamber of Conciliation of the Chambers of Commerce of Naples. An institutional online service that allows you to resolve any disputes arising on the Internet and / or at a distance, quickly and correctly, reaching an amicable agreement with the help of competent and specialized conciliators.

Changes to the general sales conditions

These General Terms and Conditions of Sale are subject to change. The changes are considered known to the public and will be effective at the time of their publication on this site. We therefore ask you to review this page periodically to become aware of the most recent and updated version. In any case, MONILI will inform you expressly if these conditions are changed, inviting you to view them.

If you do not agree, in whole or in part, with the General Conditions of Sale of the website www.monilimicucci.it , we invite you not to use our site.

For any other information of a legal nature, we invite you to consult the sections: General Conditions of Use, Privacy and Cookies Policy and How to Return