Last Updated on 23.05.11
1.1 These general conditions of on line sales (hereinafter "GCS") governing the contract (the "AGREEMENT") for the sale of products (hereinafter the "PRODUCT" or "PRODUCTS") sold by Trini e Merletti di L. Spinozzi & c. sas - based in Pescara, Via Conte di Ruvo, N° 42 - cap 65126, CF / Partita IVA 01952750683, registered in the REA of Pescara at the n°.PE 141658 (hereinafter identified by the name of the company "Monamour LINGERIE) - through its Internet site named www.monamour-lingerie.com (hereinafter the" SITE ") to the users of the Site (hereinafter CUSTOMER).
1.2 Items 5.8 and 7 of the GCS will be applied only and exclusively where the customer is classified as a "consumer" : that is "a natural person acting for purposes unrelated to business or professional activity" within the meaning of art. 3, par. 1.a of D.Lgs n° 206 of September 6, 2005 (hereinafter the "Code").
2. Effectiveness and modification of the GCS
2.1 The General Terms and Conditions are available on the site to be easily read by the CUSTOMER before making a purchase, they are considered to be accepted together with the forwarding of the purchase order, stored on one’s own computer or reproduced on paper by printing of the file in which they are contained.
2.2 The GCS applicable to the sale of goods are those published on the WEBSITE at the date of the order relating to the Products purchased. The CUSTOMER must therefore do the above operations before making any purchase.
2.3 The mere tolerance or non-objection by Monamour Lingerie for any failures of the CUSTOMER to comply with the GCS's contents will not be construed as tacit acceptance of such defaults, or as a willingness to depart from what was agreed between the parties.
3. Sales procedure
3.1 The CUSTOMER who intends on purchasing the products must express this desire through a request made directly on the site where, following the procedures set forth therein, will forward the purchase order and payment.
3.2 Upon receipt of the purchase order issued by the CUSTOMER, Monamour Lingerie will transmit to him the receipt of the purchase, containing a summary of the contents of the information relating to the sale, and will proceed to execute the order of purchase, save the exceptions as provided in paragraph 4.2.
3.3 The Contract is governed by the purchase order issued by the client, by the order's receipt issued by Monamour Lingerie and the GCS.
4. Monamour lingerie's rights and obligations
4.1 Delivery of Products: Monamour Lingerie, except as provided in paragraph 4.2, is committed to deliver the products to the carrier responsible for transporting them to the address specified by the customer in the purchase order. Monamour Lingerie is not responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order from CUSTOMER, as well as the damage caused to the PRODUCTS after the delivery to the courier responsible for transporting the same or delays in delivery the latter due to carrier's logistical problems or to Monamour Lingerie. We make deliveries on the Italian territory, with the exceptions of the town of Livigno, of Campione d'Italia and of the Republic of San Marino. If a customer wishes to place an order on our website from abroad, the order confirmation sent by Monamour Lingerie is subject to acceptance by the CUSTOMER of the higher transport costs, which change from country to country. Delivery is made by courier and therefore mailbox address cannot be accepted.
4.3 Out of stock: In case of non-execution of the purchase order by Monamour Lingerie due to unavailability, even temporary, of the required product, Monamour Lingerie, within 30 days of receiving the order, will inform the customer by email of cancellation of the order and arrange for free refund of any money already paid for the purchase of products no longer available, upon receipt of the CUSTOMER's bank code. The unavailability of one or more of the products ordered, however, will not attribute to the CUSTOMER the right to cancel the entire order.
5. Rights and obligations of the customer
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of information provided to Monamour Lingerie and requests, from the latter, through the site and agrees to promptly communicate any changes of data.
5.2 The CUSTOMER, as a result of transmission of the purchase order, states:
a) to have read, understood and accept the GCS;
b) To be of legal age, in possession of the legal capacity to act.
5.3 The CUSTOMER undertakes, once finished the purchasing process on the website, to provide to both the saving of an electronic copy and the printing of the CONTRACT and of the GCS for their conservation, as indicated in paragraph 2.1 above.
5.4 Price: The prices of goods are those actually displayed on the website at the time of the order by the CUSTOMER. The prices of products appearing on the website, unless otherwise specified, are inclusive of VAT. The prices listed on the website for each product must be added to the transport which would be duly highlighted before issuing the purchase order from the CUSTOMER and on the received confirmation of the purchase.
5.5 Payments: The Customer undertakes to pay the amount due in advance of the product's delivery, using the payment method indicated on the site at the time of purchase order (available options: Cash on delivery, Pay Pal or Bank transfer). The products will be posted within 24/36 hours of receiving accreditation in bank transfers or Pay Pal, from order receipt in case of cash on delivery. In the latter case there is an additional charge of 2% of total amount.
5.6 Product's delivery: Upon delivery of the PRODUCTS to the client's address by the carrier responsible for transporting them, the customer shall check, in the presence of the vector:
a) That the amount and type of products ordered is as specified in the transport document;
b) That the packaging used for transportation is intact, not damaged, wet or altered, also for the sealing materials.
Any anomalies should be reported immediately to the carrier at the time of receipt, by its disclosure in the delivery note.
5.7 Support: For any assistance or complaints, relating to products purchased, the CUSTOMER should contact Monamour Lingerie at the addresses set out in point 11 of the GCS.
5.8 Warranty: Lingerie Monamour will provide, in connection with the Products purchased by Customer, legal guarantee of compliance to the terms and conditions contained in Articles. 128 and following of the Italian Civil Code. In particular, the rights arising from this guarantee may be exercised provided that the products have been used properly, with the due diligence and in accordance with the intended use and as provided in the attached claims, and upon presentation by the Customer of delivery note received with the articles and the number of order. The costs relating to the return of products due to the exercise of the guarantee will be paid by Monamour Lingerie.
6. Using the website
6.1 Description and visualization of products: The product descriptions and images on this site are made available from Monamour Lingerie's suppliers. The photographs of product's presentation are displayed on the site for guidance, even considering the fact that the quality of the images (for example: in terms of accurate color display) might depend on the programs and tools used by CUSTOMER when you connect to the site.
6.2 Malfunction: Monamour Lingerie won’t accept any responsibility for problems caused to the Customer from use of the Site or its technologies, as independent from its will, such as, but not limited to, the following:
a) errors, delays or failure in access to the site by the CUSTOMER for the execution of the sales process;
b) errors, delays or failure in the receipt by the CUSTOMER of communications from Monamour Lingerie in connection with the sale of the PRODUCTS.
In any case, Monamour Lingerie is committed, as far as it is able to, to solve problems that can occur and provide the necessary assistance to CUSTOMER to obtain a speedy and satisfactory solution to these problems.
7. Right of return
7.1 Once the customer purchases products, he has the right to terminate the contract without penalty and without specifying the reason, as stated in Articles. 64 et seq. of the Italian Civil Code, provided that the goods are returned undamaged, complete with the original packaging and label and packaging used by Monamour Lingerie for shipment.
The only procedure by which it is possible to make a refund to Monamour Lingerie is through Easyreturn.
I. Return procedure
All products purchased from Monamour Lingerie can be returned and refunded, provided that the CUSTOMER communicates his intention to return the product/s purchased to Monamour Lingerie within 10 working days after the date of delivery and he complies with the conditions set forth in this section.
Monamour Lingerie will only accept refunds that meet the following requirements:
1. The product must be in the same state in which it was delivered and will maintain, as far as possible, his original label and packaging.
2. The submission must be accomplished using the same protective box in which it was received in to protect the product. If the CUSTOMER does not have the original box used for the delivery, he must return the product in a box adapt to sending it to the headquarters of Monamour Lingerie inVia Conte di Ruvo N° 42-65100 Pescara, Italy, with the maximum guarantee possible.
3. CUSTOMER must put in the package a copy of the delivery note in which the products returned are indicated, and the reason for return is also indicated.
To make a Easyreturn, please follow these steps:
1. Enter in your account and go to the section of the RETURN menu to the right.
2. Choose the product that you want return from the purchase order in time for the return and follow the steps in the process.
Once confirmed your return, Monamour Lingerie will schedule the withdrawal and will inform you via email on the date and time that it would be made.
Monamour Lingerie is not responsible for any expenses incurred due to refunds made without following the steps set out in the procedure above.
II. Repayment to the Client
The return of products will generate a refund equal to the product's cost minus the cost of the service Easyreturn.
Only if the product delivered is defective or incorrect, Monamour Lingerie also reimburse the shipping costs. Partial returns will match partial repayments.
Monamour Lingerie will refund the return with the same system used for its payment within 48 hours after the goods returned arrive on location.
The display of the repayment on the bank or Pay Pal account will depend on the type and extent of your financial service suppliers.
8. Termination clause
8.1 The contract will be automatically terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code in the event of breach by the Client, even if only one of the obligations assumed by it pursuant to paragraph 5 of the GCS (Rights and obligations of the client). Termination of the contract will occur if and when Monamour Lingerie declares that it intends to make use of this termination clause.
9. Intellectual and industrial property rights
9.1 Monamour Lingerie informs that the website, as well as all trademarks and brands used by Monamour Lingerie in connection with the sale of products, is protected by intellectual and industrial property rights and that it forbids any kind of reproduction, communication, distribution , publication, alteration, or transformation, in any form or for any purpose as they occur, of the website's content, trademarks and brands used by Monamour Lingerie (such as, for example, works, images, photographs, drawings , dialogues, presentations, music, sounds, videos, graphics, colors, features and design of the site).
10. Data protection
10.1 Monamour Lingerie guarantees CUSTOMERS that personal data acquired in connection with the sale of the PRODUCTS will always be handled legally and correctly, in full compliance with the provisions of the Italian Decree. June 30, 2003, N° 196, and any addition or modification of that law.
11.1 For any communications please contact Monamour Lingerie at the following addresses:
Trini and Merletti di L. Spinozzi & c. sas
Via Conte di Ruvo N° 42
12. Applicable law
12.1 then Italian law is the only law to be applied to the sale of the products, with particular reference to the provisions of the Italian Civil Code.
12.2 The invalidity of individual clauses of the contract or GCS is not to imply the invalidity of the whole contract or GCS