Terms and conditions

This document contains the general terms and conditions on the basis of which users are offered the use of the website www.monellaplus.it which offers clothing and accessories for men and women.

Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

Holder: Evgeny Zaika, viale Lucerna 10, 47924 Rimini, C.F zkavny90e29z154j, VAT number 04483550408, PEC address zaikaevgeny@legalmail.it

Application: the website www.monellapus.it
Products: the products provided to the user by the Ownere
User: any person who accesses and uses the Applicatione
Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out
Non-Consumer User:the natural person of age or legal person who concludes a contract for the performance or for the needs of their business, commercial, craft or professional activity

Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application..

Detailed information on the offer of the Applicationne

The Application provides Users with: clothing, shoes and accessories for men and women..

Scope of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.rvizi.

The Conditions can be changed at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product..

Before using the Application, the User is required to carefully read the Terms and to save or print them for future reference.i.

The Owner reserves the right to change at its discretion, at any time even after the User registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary , the relevant instructions.ioni.

Purchase or request for supply through the Applicatione

All the Products offered through the Application are described in detail in the relevant product pages, quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc .. Some errors, inaccuracies or small differences between what is published on the Application and the Real product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.ale.

Purchases and / or requests for the supply of one or more Products through the Application are allowed to both Consumer Users and non-Consumer Users..

Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by the parents or by those exercising parental responsibility..

The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and / or request for supply, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and / or reason.agione.

The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contract proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User's data, the characteristics and availability of the Product. the price or the method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.a garanzia.

The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point.

In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be considered completed in relation to the Products accepted by the Owner.e.

The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.i.

Registration

To use the features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy (https://www.monellaplus.it/pages/termini-e-condizioni) and the Conditions.

The User has the duty to keep their access credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.sse.

The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by part of the User of the rules on registration to the Application or on the conservation of registration credentials..

Account cancellation and closure

The registered user can stop using the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address-mail monellaplusrimini@gmail.com.

In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without notice.so.

Prices and payments

For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated..

Furthermore, all possible taxes, additional costs and delivery costs will be indicated that may vary in relation to the destination, the delivery method chosen and / or the payment method used. If such expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.e.

The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate any necessary data requested.i.

The Application uses third party tools for processing payments and does not in any way come into contact with the payment data provided, credit card number, name of the holder, password, etc.c.).

Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be held responsible in any way..

Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will prevail, releasing to the Owner any full indemnity in this regard.do.

Method of delivery of material Products

The material Products and / or digital goods supplied on a material support will be delivered to the address indicated by the User, in the manner and within the terms chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment of taking charge of the courier.iere.

In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.e.

If the User does not intend to accept the new deadline or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware. of the refund request.so.

Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of evident damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the Products delivered.segnati.

The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.

Exclusion of the right of withdrawal of non-consumer users

The non-Consumer User is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided.sso.

Exclusion of the right of withdrawal of the Consumer Usere

The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to::

the supply of tailor-made or clearly personalized products

For more information, contact the Data Controller at the e-mail address monellaplusrimini@gmail.com.

Warranty of material Products for Non-Consumer Users

In relation to the material Products, non-consumer users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations art. 1490 and ss. c.c ..).

Guarantee of conformity of material Products for Consumer Users

The legal guarantee of conformity is recognized, as provided for by art. 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of consumer goods, as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, also to be assembled, except for goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by proxy to notaries, water and gas, when not packaged for the sale in a limited volume or in a specific quantity, iii electricity.elettrica.

The legal guarantee of conformity is reserved for Consumer Users only.

The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. It is assumed that the Products comply with the contract if, where relevant, the following circumstances coexist:e:

they are suitable for the use for which goods of the same type are normally usedo
they comply with the description made by the Owner and possess the qualities of the good that the seller has presented to the Consumer User as a sample or modelo
present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or by its agent or representative, in particular in advertising or on labelingra
they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of the conclusion of the contract and that the Owner has accepted even for conclusive facts.i.

Any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.a.

The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product..

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between the repair of the Product or its replacement.ne.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i the repair and replacement are impossible or excessively expensive; ii the Owner has not repaired or replaced within a reasonable period; iii the replacement or repair have caused considerable inconvenience to the Consumer User.tore.

If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication to the e-mail addressl monellaplusrimini@gmail.com.

The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and / or the reported defect..

Industrial and Intellectual Property Rights

The Owner declares to be the owner and / or licensee of all intellectual property rights relating and / or relating to the Application and / or the Contents available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.li.

The Conditions do not grant the User any license to use the Application and / or individual contents and / or materials available therein, unless otherwise regulated.to.

Any reproductions in any form of the explanatory texts and Application Contents, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights..

Disclaimer of Warranty

The Application is provided as is and as it is available and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never be interrupted or error free or that it will be free of viruses or bugs. o bug.

The Owner will endeavor to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.ore.

Limitation of Liability

The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.i.

Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges incurred.i.

The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used credit card number , name of the owner, password, etc.c.)

The Owner will not be responsible for:

any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Ownere
incorrect or unsuitable use of the Application by Users or third partiesi
the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being the only responsible for the correct insertionento

In no case can the Owner be held responsible for a sum greater than double the cost paid by the User..

Major force

The Owner cannot be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will. .

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur..

The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

Link to third party sites

The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications..

Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.à.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the page https://www.monellaplus.it/pages/termini-e-condizionii

Applicable law and competent court

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a different judge. from that of the consumer's forum pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in art. 18, 19 and 20 of the civil procedure code.vile.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right to withdrawal, at the deadline for the return of the Products, in the event of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity..

For non-consumer users, any dispute relating to the application, execution and interpretation of these conditions will be referred to the court of the place where the owner is based..

Online dispute resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/dr/

Date 23/11/2020