General Conditions of online sale

Monnalisa Spa with its principal office located at Arezzo Italy, Via Madame Curie n. 7, registered to Registro Imprese di Arezzo n. 87271, owner of the website www.monnalisadreams.com

A binding contract between “Monnalisa Spa” and the customer is realized through the following  Terms and Conditions of  Sale which have the aim to make the customer  conscious of the law terms before the acceptance. When making a purchase according to the instructions listed in the section  ‘How to Order’  and  following, the customer accepts these  Terms and Conditions of Sale. The customers will be informed about possible modifications in the Conditions  by notice in our website. If the customer is a consumer  it should print and save the electronic copy of these general conditions of sale  or possible modifications. The Consumer must be intended as a person who operates for anything dealing neither with his own entrepreneurial nor professional activity.

Purchase In order to purchase the products listed on the website  www.monnalisadreams.com  , the customer will follow the instructions listed in the section “How to Order”. The products are described on their respective informative files. The technical information (styles, sizes, fabric, wearability, washing, accessories etc.) are based exclusively on the official data published   by producers, moreover the dimensions, sizes and the other characteristics are subjected to the normal commercial tolerance. The products visualized on the web site  could be slightly different to the original in colour, dimensions, accessories that are represented on the image. All the information which support  the purchase ( Glossary, How to Order...) are to be considered as simple informative material, and they can not be referred to the real characteristics of a single product.

The real availability of the products included in the catalogue is subjected to differences that are not  dependent on “Monnalisa Spa”, so the Customer, once the order has been transmitted, accepts to purchase only the products that are really available, even if the quantity will be inferior than the one ordered.

Within two working days from the receipt of the order Monnalisa Spa will send to the customer a communication by e-mail with the order’s information, in order to confirm the receipt of the order and it will be indicated the real availability of the ordered products and the total price, included the shipment charges, IVA  and the name of the shipping agent. That e-mail will be send to the address given by the customer, who will check the correctness of the data inserted.

The contract of sale will be considered concluded  as Monnalisa Spa  gives confirmation of order acceptance  by e-mail; from the receipt of that e-mail it will takes effect the fulfilment  of contract obligations for both parties. Monnalisa Spa declines any responsibility for eventual damages, direct or in direct, caused by the non-acceptance of an order, even  if partial.

Monnalisa Spa will issue the invoice and relative transport document attaching it to the shipped parcel.

 

 

 

Payment  When purchasing the customer can choose among the two following ways of payment: Credit Card  (VISA and MasterCard) or Anticipated bank transfer.

1) Credit card  If the customer decides to pay by credit card (it could be requested a copy of customer’s identity card) the total amount of the order will be charged to the customer only once Monnalisa Spa  sends e-mail of order  confirmation and acceptance. In the case of order cancellations included in the general conditions of sale, Monnalisa Spa will request to credit again the total amount to the customer’s account. Once the cancellation of the transaction has been made, Monnalisa Spa could not be considered responsible for any damage caused by eventual banking  system delay. The information about the credit card of the customer will be transmitted only through protected connection directly  to the bank and Monnalisa Spa will not be responsible of fraudulent use of credit cards by third parties.

2) Anticipated Bank Transfer to  or  Pay post ( ABI ; CAB  C/C n.  to Monnalisa Spa  with bank charges at  customer charge). In case of Anticipated bank Transfer  the customer  will send  to Monnalisa a copy of the payment  by fax or e-mail within two working days from the order acceptance. Lapsed that period the order will be automatically cancelled. The description of payment shall quote the order number, date, CRO code, customer code and  its first name and surname.   

Delivery In case of order acceptance, Monnalisa Spa will deliver the ordered goods to the address indicated by the customer. Should the customer choose as payment the credit card, the delivery of the goods will take place  from the first to the fifth working day following the e-mail of confirmation sent by Monnalisa Spa; should the customer choose Anticipated bank transfer as payment, the delivery of the goods will take place within 2 working days following the bank transfer. The time of delivery varies in consideration of the place of destination.  Approximately, in the Italian Territory the goods will be delivered within 48 hours from the shipment (without considering the week-end and holidays), within 72 hours in the islands or in a suburban area, within  48 hours  in Europe and within  72 hours  in   the other States. Monnalisa Spa declines any responsibility for delivery delay caused by the shipping agent. In any case the time of delivery will never exceed the terms stated at article  6 D. Lgs 185/1999.

The time of delivery coincides with the first attempt of delivery to  the address, even in case of  refusal or receiver’s absence. Should the goods not be collected within five working days because of receiver’s absence or refusal , the order will be cancelled and Monnalisa Spa has the right to be refunded. The delivery is to be intended by truck.

Once the goods has been delivered by the transporter, the Customer  is required to check if the number of  the  parcels corresponds to the one indicated in the transport document  and the package not  damaged, wet or deteriorated. These occurrences shall be notified to the transporter and reported to Monnalisa Spa within eight days from the delivery. Once the Customer signs the transport document, the Customer  could not charge  the exterior characteristics of the goods delivered. (ART. 1698 COD.CIV.).

Charges of delivery  Delivery charges are at customer’s charge. The relative amount  is clearly stated, before  you place the order, in the section “Charges reckoning”. The amount of the charges depends on the kind of payment you have chosen and on the quantity and weight of the goods ordered. Monnalisa spa has the right to modify the delivery charges during the period of validity of the catalogue, however, in case of increase, the relative cost will be noticed to the customer before the delivery that will take place only after the customer’s acceptance.

Consumer’s escape clause. According to the art. 5 del Decreto Legge n. 185 del 22.05.1999 the customer - consumer (customer - person- who operates for anything dealing neither with his own entrepreneurial nor professional activity) has the right to rescind the contract of purchase, for any reasons, within 10 working days from the receipt of the goods, in accordance with the following conditions.

In order to rescind the contract the customer shall send to Monnalisa Spa a written notice within 10 working days from the receipt of the goods. That communication shall be sent by recorded letter with advice of delivery to Monnalisa Spa – Divisione E.commerce, Via Madame Curie n. 7 – 52100 AREZZO.  The communication could  also be sent by telegram or fax within 10 working days from the receipt of the goods, provided that the communication is confirmed by recorded letter with advice of delivery within the following 48 hours. Should the delivery of the goods  already be occurred, the customer shall return the goods to Monnalisa Spa, by express Courier, within  10 working days from the receipt of the goods. The consumer who rescinds  the contract shall only pay the delivery’s charges for the return of the goods to the sender. The purchased goods shall be returned in the original packaging, included documentation and eventual accessories. As Monnalisa Spa is aware of the withdrawal it will notice by e-mail to  the customer  the number of RMA (cod of authorisation for the return) that shall be attached external to the returned parcel. The packaging shall not be neither damaged or with  writing. We suggest to introduce the original parcel into a second box and  to ensure it for the delivery, because eventual damages or theft are at customer’s charge.  The right to rescind will not be accepted in case the goods or the packaging are damaged or detective. In such event the goods will be returned to the sender with the debit of delivery’s charge. If the right of withdrawal is in accordance with  the Decreto Legge n. 185 del 22.05.1999 and with the present general conditions, Monnalisa Spa will refund for free the amount already paid by the consumer within 30 days from the date of the withdrawal, by transfer of the amount credited on the Credit Card or by Bank Transfer if the customer provides the bank account.

The right to rescind the contract is not valid for the following contracts:

·          supply of services whose execution started, with the agreement of the consumer, before the expiration of the 10 days for the right of withdrawal;  

·          supply of goods or services whose price is related to  the fluctuation of the rate of interest in the financial market  that the supplier is not able to control;

·          supply of personalized goods or that for their nature can not be returned or that can get damage rapidly;

Guaranties In order to benefit from the guaranty, the Customer shall keep the invoice of purchase. The guaranty could not be recognized in case of erasure, cancellation or elimination of the labels on the product. Monnalisa Spa could  proceed at its discretion to the repair, return of the total amount paid or to the substitution with a similar product. Monnalisa spa has the right to request to the customer the charges paid for the checking and delivery of the goods in case the fault claimed could not be covered by guaranty. No damage can be asked to Monnalisa Spa because of delay of repair or substitution.

Should the product be covered by guaranty, the goods shall be returned in the original packaging included the documentation and eventual accessories. Monnalisa Spa will notice by e-mail to  the customer  the number of RMA (cod of authorisation for the return) that shall be attached external to the returned parcel. The packaging shall not be neither damaged or with  writing. We suggest to introduce the original parcel into a second box and  to ensure it for the delivery, because eventual damages or theft are at customer’s charge.  

Complaints Eventual complaints shall be signalized by filling in  the form you can find in the section “Assistance”, to Monnalisa spa –Divisione E. commerce, Via Madame Curie n. 7 – 52100 AREZZO indicating the invoice number and the kind of problem.

Jurisdiction The purchase contract is under the Italian law. The eventual controversies are under the territorial jurisdiction of Arezzo court.  

Treatment of personal data The company Monnalisa Spa is the holder of the personal data and the responsible for the treatment of the personal data is Mr. Piero Jacomoni. Monnalisa Spa  will be in possesion of the customers’data that are considered by the law as personal. According to the art. 13 D.L. 30/06/03 n. 196, we inform the customer that:

 

Your personal data is collected and processed by MONNALISA for purposes which are strictly connected to the use of the web site, its services and to the purchase of products on the web site;

Your personal data is mostly processed by electronic means and in some circumstances by paper-based means, when, for example, the processing of your personal data is required in order to prevent fraud against MONNALISA. Your personal data shall be stored in a way which allows MONNALISA to identify you for the period that is strictly necessary for the purposes for which the data was collected and subsequently processed and, in any case, in accordance with applicable law.

Your personal data shall not be disclosed to third parties for purposes which are not permitted by law or without your explicit consent.

Your personal data may only be disclosed to third parties when it is necessary in order to process an order. For example, your personal data is disclosed to Agents, suppliers, customers, MONNALISA collaborators, for the performance of electronic distance payment services, through credit/debit card, when you purchase a product on www.monnalisadreams.com. Moreover, your data may be disclosed to the police or to judicial authorities, according to law and upon a formal request by such entities, for example in the event MONNALISA needs to prevent fraud on www.monnalisadreams.com (anti-fraud services).

We wish to inform you that MONNALISA shall process its users" personal data for purposes that are strictly connected to the supply of services on monnalisadreams.com, execution of contracts related to the sale and purchase of products on monnalisadreams.com and, after receiving your consent, in order to send to you information on new commercial initiatives which are strictly connected to the web site"s activities and services.

 

ART. 7 D. Lgs. 30/06/03 N. 196

 

You are entitled to obtain, at any time, confirmation from MONNALISA as to whether or not data relating to you is being processed, whether the data is not yet registered, and the communication in intelligible form of the data undergoing processing.

Moreover, you are entitled to receive from MONNALISA information on the source of your personal data; the purposes and way of processing your personal data; the logic involved in any electronic data processing; details of the data controller and of the data processors and the names of subjects and categories of subjects to whom your personal data may be disclosed or who may access your personal data like, for example, the names of data processors. You can easily find all of the above information in our Privacy Policy.

You are entitled to obtain at any time from MONNALISA:

a) the updating, rectification or, when you have an interest in, the integration of your personal data;
b) the deletion, the transformation into an anonymous form or blocking of your personal data, (unlawful processed), including data which does not need to be stored for the purposes for which it has been collected and subsequently processed;
c) the confirmation that the operations under letters a) and b) have been reported, (together with the contents of the same), to whom the data was disclosed or disseminated, except when it becomes impossible or if it means exceeding the protection of the relevant right.

You are entitled to object, in all or in part:

a) for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
b) to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing researches or commercial communications.