Terms of Sale
1.1.These General Terms of Sale (hereinafter, the General Terms) pertain to the remote purchase of products, via the Internet, from the website www.monalys.it (hereinafter, the Website).
1.2. The owner of the site is Volo Firenze di Stefano Rossi (hereinafter, MONALYS) with registered office at the address of Maggio 13 rosso – 50125 Firenze, P.I. 06319770480, Numero REA: 618667 di Firenze registered with the Trade Registry of Firenze, VAT. no. 06319770480, Firenze R.E.A. [Economic and Administrative Index] no. 618667.
- Acceptance of the General Terms of Sale
2.1. All purchases of products carried out through the Website (hereinafter, the Purchase Agreements) by users who access the Website (hereinafter, the Clients) are governed by these General Terms and by the Italian Consumer Code (Italian Legislative Decree no. 206/2005), section II Remote contracts (articles 50- 67) and by Italian regulations on the subject of electronic commerce (Italian Legislative Decree 70/2003).
2.2. At the execution of the Purchase Agreement, pursuant to the procedure, the Client agrees and undertakes to comply with these General Terms.
2.3. Prior to carrying out any purchase transaction, the Client is therefore required to carefully read the General Terms made available by MONALYS also for the purpose of allowing them to be saved or printed in compliance with the provisions of article 12, paragraph 3 of Italian Legislative Decree/2003.
2.4. MONALYS may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase order is sent by a Client will apply to each individual Purchase Agreement.
3.1. www.monalys.it (hereinafter, the “Website” is a website that sells cosmetics, body care products and, related accessories exclusively under the MONALYS brand (hereinafter, the “Products”).
3.2. All the Products on sale are illustrated in detail on the Website’s homepage, in their respective sections, which are classified by Product category.
3.3. The visual display of Products on the Site, where available, has an approximate value only, and it is usually in the form of a photo image of the Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by MONALYS regarding the exact match of the image depicted on the Website with the actual Product; this specifically refers to the actual dimensions and/or colours of the Products and/or the packages.
3.4. In case of a difference between the image and the written product specifications, the latter will always prevail.
- Purchasing procedure
4,1, The Client may purchase the Products in MONALYS’s e-Catalogue, which are illustrated in detail on the Website in the corresponding product category sections, as described in the relative product specifications posted on the Website, complying with the technical access procedures explained herein.
4.2. In order to purchase the Products, the Client will have to register themselves on the Website by entering their personal information, according to the instructions of the registration program, as well as to fill out and send to MONALYS the order form in electronic format available on the Website, following the instructions provided on said form. The purchase orders must be duly filled out in all their parts. In case the Client does not wish to register on the Website, they will be able to make the purchase anyway; however, in that case the Client will not be able to check the order status or take advantage of discounts and promotions.
4.3. The Client will have to add the selected Products to the “Shopping Cart” and, after choosing the courier, seeing and accepting the amount of the delivery charges, will be able to proceed with the purchase.
4.4. Once this operation is finished, the Client will see a screen appear containing a summary of the purchase order, inclusive of the shipping charges, and will be asked to confirm once again the purchase procedure.
4.5. After viewing the order summary, the Client will have to select the type of payment desired, in other words C.O.D. (Cash On Delivery), credit card or PayPal, or, when available, by Gift Card, and then send the order by clicking on the special button.
- Contract conclusion
5.1 The publication of Products on the Site constitutes an invitation to the Client to formulate a contractual a purchase offer. An order sent by a Client has contractual value and implies complete awareness and acceptance of these General Terms.
5.2. Each Purchase Agreement stipulated between MONALYS and the Client shall be executed with the sending of the acceptance of the order by MONALYS at the e-mail address of the Client. This confirmation message will indicate an “Order Number,” to be used in all subsequent communications with MONALYS. The message will reiterate, in addition to the information required by law, all the data entered by the Client, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client’s exclusive responsibility.
5.3. The Clients may view all their orders on the Website in their reserved area, or by contacting the MONALYS Customer Service, immediately after sending the orders.
5.4. Occasionally, some Products offered may not be available and, in that case, if the products selected by the Client are not available, either in full or in part, the order will be sent with the available products after having notified the Client about the unavailable products.
5.5. MONALYS shall be free to accept or refuse, the order sent by Client at its own discretion, without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order.
5.6. In particular, MONALYS reserves itself the right to not accept purchase offers and cancel orders that do not give adequate assurance of solvency or if – even after checking with the network that manages credit card payments – anomalies are found in the transactions and in the payment methods used by the Client.
5.7. The Client may verify at any time the content of the concluded Purchase Agreements by accessing their reserved area on the Website, or by contacting the MONALYS. This information will be available for a 12-month period following the delivery date of the Products.
- Product Pricing
6.1. All Product prices are clearly indicated on the Site and include VAT. Shipping expenses are adequately displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as the final destination and total order amount.
- Payment terms
PayPal, an eBay group company, is a quick and secure payment system.
Once the order is completed and PayPal is selected as the payment method, the buyer will be redirected to the PayPal website. where they can access their account by entering their personal e-mail address and password.
After registration, payments can be made through PayPal without having to re-enter the information for future purchases.
By choosing to pay through PayPal, the amount is debited directly on the indicated credit card (Visa, Visa Electron, MasterCard) or prepaid card (PostePay). PayPal safeguards the buyer’s information so that no financial information is disclosed.
PayPal will send a confirming e-mail for each transaction carried out using this method.
- Shipping Methods and Charges
8.1. MONALYS agrees to deliver the Products without undue delay and in any case within 30 days from the execution of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the purchase order is placed are approximate.
8.2. MONALYS ships to all countries indicated on the Website, and delivery is made without an appointment.
8.3. MONALYS will not be liable in any way towards the Client for any delays in filling the order or in delivering the Products listed in the Purchase Agreement.
8.4. The ordered Products will be sent to the mailing address specified by the Client. Once MONALYS has turned over the products to the courier, the Client will receive an e-mail confirming the shipment.
8.5. At the time of delivery of the Products by the courier hired by MONALYS, the Client is required to carefully check:
a) that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered.
b) that the number of delivered pieces matches the amount indicated in the shipping document.
8.6. The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting MONALYS, indicating the order for which these problems occurred.
- Right to Withdraw and its effects
9.1. The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”).
9.2 The withdrawal period expires: (i) 14 days after the Client or a third party – excluding the courier and the person indicated by it- enter in possession of the Products or (ii) in case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client or a third party – excluding the courier and the person indicated by it – enter in possession of the last ordered Products.
9.3 To exercise the right of withdrawal, the Client must inform MONALYS of their decision to terminate the Purchase Agreement through an express declaration (eg. Letter sent by post, fax, or e-mail).
9.4 In order to comply with the withdrawal period, the Client shall send the notice of withdrawal before the expiration of the withdrawal period.
9.5 If the Client terminates the Purchase Agreement, all the payments made in favour of MONALYS will be refunded, excluding costs of delivery (except for the additional costs arising from the choice of a type of delivery different from the less expensive method available, i.e. “standard method”), without undue delay and in any case not later than 14 days from the day MONALYS is informed of the decision to exercise the right to withdrawal. Such refund will be made using the same method of payment used by the Client for the purchase of the Products, unless it is expressly agreed otherwise. In any case, the Client will not bear any cost, except for what written in paragraph 10.6 below. The reimbursement may be suspended until receipt of the goods or until the Client proves having sent back the goods, if earlier.
9.6 The Client must send back the Products or deliver to Monalys (Volo Firenze) via Maggio 13r – 50125 Firenze (FI), Italy, without undue delay and in any case within 14 days from the day of the exercise of the right to withdrawal. The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs will be paid by the Client. The Client is responsible only for the diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
9.7. In any case, the Client cannot exercise the right to withdrawal in the case of sealed goods which are not returnable for reasons of hygiene or related to health protection and that have been unsealed after delivery.
- Product non-compliance and defective products
10.1. Products offered on the Website comply with Italian and EU legislation currently in force. The images and colours of the Products published on the Website may differ from their actual images and colours due to the display settings of the local computer systems and/or devices used to display them.
10.2 In any case, the present General Terms shall apply without prejudice to the provisions on Product liability and guarantee set forth by the Italian Consumer Code (Legislative Decree no. 206 of 2005, articles 102-135).
- Processing of Personal Data
MONALYS processes Client-related information in accordance with the provisions of existing laws on the subject of personal data protection, as specified in the notice in the specific section entitled “Privacy Notice.”
- Communications and claims
All communications or claims from Clients to MONALYS pertaining to Purchase Agreements must be communicated using the specific contact forms found in the Reserved Area.
- Intellectual Property Rights
All trademarks (registered or not) as well as any intellectual property, distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Site will remain the exclusive property of MONALYS and/or its assignors, and accessing the Website and /or concluding Purchase Agreements does not afford the Client any rights thereupon. Any use thereof, including only in part, is prohibited without MONALYS ‘s prior written authorization, which exclusively reserves itself all relevant rights.
- Applicable law and Place of jurisdiction
14.1 These General Terms as well as any other contract entered into with the Client are governed by Italian law, without prejudice to the application of EC regulations and of international treaties, where applicable, as well as national consumer protection regulations.
14.2 Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these General Terms and of any other contract entered into with the Clients will be submitted to the exclusive jurisdiction of the Court of Florence (Italy).
Policy according to the art. 13 Privacy Code
This privacy statement describes the way in which the user’s personal data is collected and used, in accordance with Italian law and in particular the Legislative Decree n. 196/2003 (Privacy Code).
Any personal data will be used according to the principles of necessity, propriety, lawfulness, proportionality and transparency. Where necessary, in relation to any use or specific processing of Personal Data, the prior consent of the user will be asked for.
- a) Purpose and methods of data processingThe user’s personal data will be processed for purposes related to the fulfillment of the requested services (eg, conducting business prior to entering into a contract and enforcing contractual obligations, including performing administrative and accounting duties, control and analysis of reports and complaints), as well as specific consent for the following purposes: a) advertising and promotional activities, as well as operations related to marketing communications (including newsletters and promotional materials concerning the products and services offered, also for third parties), b) determining the profile or personality of the person concerned and analyzing their behavior and / or consumer preferences.Data can be processed manually or by using electronic equipment.
- b) Nature of data supplying and consequences of a possible refusal to respondThe supply of the user’s personal data as well as their consent, where required, to its processing for the above purposes is strictly necessary for the activities mentioned above. In the case of a refusal to provide the requested personal data and/or to provide such consent, the activities listed above cannot take place.
- c) Areas of communication of personal dataThe user’s personal data may be disclosed to responsible third parties, a complete list of which is available from the headquarters of the data holder, and / or through the persons in charge of the processing.
- e) Rights referred to in the Article 7 Privacy CodePursuant to article 7 of the Privacy Code, the user can exercise their rights, including the right at any time to obtain confirmation of the existence or otherwise of their personal data and its communication in intelligible form. They may also obtain information on the origin of their personal data, its processing purposes and methods, the logic applied when it is processed using electronic equipment, and the identity of the holder and the persons to whom the personal data may be disclosed. They may also request the updating, correction and integration of their personal data, as well as the cancellation, transformation into anonymous form or blocking of data that has been processed in violation of the law. Finally, the user will have the right to oppose, for legitimate reasons, the processing of their personal data by contacting the Data Controller at the address given.
- f) Data Controller and Other HoldersThe data controller and processor is MONALYS, via Maggio 13rosso, e-mail firstname.lastname@example.org.