Terms and conditions
Proprietà Intellettuale e Copyright
Tutti i contenuti presenti su questo sito, comprese immagini, testi, grafiche, loghi e icone, sono di proprietà esclusiva di Monroi Roma o dei rispettivi titolari dei diritti e sono protetti dalle leggi nazionali e internazionali sul copyright e sulla proprietà intellettuale.
È vietata la riproduzione, distribuzione, modifica, trasmissione o utilizzo dei contenuti senza il previo consenso scritto di Monroi Roma. Qualsiasi violazione potrà comportare azioni legali a tutela dei diritti del titolare.
GENERAL CONDITIONS OF ONLINE SALE
1. General provisions
1.1 The offer, sale and purchase of products,
as well as the forwarding and acceptance of purchase orders placed on the website
, are governed by these General Conditions of Sale (hereinafter the
“Conditions”).
1.2 The customer undertakes to read the information before
proceed to confirm your order, these Conditions, in
particular of the pre-contractual information provided.
2. Object of the contract
2.1 These Conditions have as their object the
sale of products carried out remotely via telematic network on the website of
e-commerce (hereinafter also referred to as the “Site”).
2.2 All product purchases made
through the Site by users who access it (hereinafter the "Customers")
are governed by these Conditions and the provisions of Part III,
Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by
Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
3. Pre-contractual information for the consumer -
art. 49 of Legislative Decree 206/2005
3.1 The products on the portal are sold
directly from MonRoi Roma by Monica Gunnella, with registered office in Rocca di
Papa (RM), Via Via delle Ortensie, n. 47 – Cap. 00040 CF and VAT number 14776821002
(hereinafter the “Seller”).
For any request
of information relating to these Conditions, access and methods of
purchase on the Site, the user can contact customer service via email at
following address: info@monroiroma.com .
3.2 The products are sold to the identified Customer
according to the data entered by the same when completing and sending the form
electronic order form available in the section of the Site.
3.3 The products on the Site are intended for
customers of legal age. By placing an order through this Site, the Customer
declares that he/she is 18 (eighteen) years old and has legal capacity
to enter into binding contracts.
3.4 The Customer is prohibited from entering false names,
and/or invented, and/or imaginary, during registration on the Site, in the
online ordering procedure and in further communications. The Seller
reserves the right to legally pursue any violation and abuse, in the interest and for
the protection of all consumers.
3.5 Before concluding the purchase contract, according to the methods indicated in the following art. 4, the Customer examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choosing the same. ...
of the contract and before validating the order, the Customer declares that
have been informed of: the total price of the goods including taxes, with details of shipping costs and any other costs; payment method; deadline within which the
Seller undertakes to deliver the goods; conditions, terms and procedures for exercising the right of withdrawal (art. 13 of these Conditions); costs relating to the return of goods in the event of withdrawal; existence of the guarantee
legal compliance for purchased goods; assistance conditions
after-sales and commercial guarantees provided by the Seller.
4. Conclusion of the online sales contract and
acceptance of the Conditions.
4.1 Online sales contract means the
contract which has as its object the purchase of goods and products at a distance between a
Customer and the Seller.
4.2 The contract is concluded exclusively through
the Internet, through the Customer's access to the address
wwwwww.monroiroma.com , filling out the order form in PDF format
electronic and its transmission to the Seller according to the methods provided for by the
Site itself and by these Conditions.
4.3 The sales contract is considered concluded with
the sending by the Seller to the Customer of an order confirmation email.
This email contains:
i) the tax data of the
Customer and order number;
ii) the price of the goods
purchased;
iii) the costs of
shipping and delivery address to which the goods will be sent;
iv) the link to be able to
print and/or archive a copy of these Terms.
The Customer undertakes to
verify the accuracy of the personal data contained in the aforementioned email and
to promptly notify the Seller in the event of errors or variations
of the same.
4.4 Completing the order form and sending it
of the purchase order imply full knowledge and express
acceptance of both the Conditions and what is indicated in the order form
online.
In the order form
online, to be filled in by the Customer, contains the following data:
a reference to the Conditions
General Sales Conditions;
information and/or images
of each product and its price;
payment methods at
at the Customer's disposal;
delivery methods
of the products and the related shipping costs;
a reference to the Conditions
to exercise the right of withdrawal;
the methods and times for
exercise the right to return purchased products.
4.5 The Customer is required, once the order has been concluded
online purchasing procedure, to print or save on another medium, and
keep these Conditions and the relevant Order form, already viewed
and accepted according to the above-mentioned methods.
4.6 By accepting these Conditions, the Customer also
exempts the Seller from any liability arising from the issuance of
incorrect tax documents due to errors in the data provided by it to the
when placing the order online.
4.7 Once the contract has been concluded, according to the above
modality, the Seller takes charge of the order for its fulfillment with the
methods referred to in the following art.6.
5. Product information and description.
5.1 All products on sale on the Site are
detailed information on the home page of the Site itself, within the
respective sections, distinguished by product categories.
5.2 The Seller undertakes to describe and present
the items sold on the Site in the best possible way.
5.3 The photographic representation of the products on the
The site has the sole purpose of presenting them to the Customer for sale, without any
guarantee or commitment by the Seller regarding the exact correspondence
of the image depicted on the Site with the actual product; and this, with
particular regard to its actual size, accessories and/or aspects
chromatic of the products and/or packaging.
'image provided by
Seller along with the product description may not be perfectly
representative of the characteristics of the actual product and may differ
color, size, products and accessories shown in the picture.
case of differences between
the image and the written product sheet are always valid and prevail
description contained in the product sheet shown in the individual offer
relating to each product.
6. Order Definition - Purchase Methods.
6.1 The Customer can purchase the product(s) whose
features are illustrated on the Site in the relevant product sheets,
price indicated therein plus delivery costs (excluding
any costs for the payment of the stamp), respecting the procedures
techniques illustrated on the Site, by completing the order form in
electronic format and according to the methods and phases indicated on the Site.
6.2 Before sending the order the Customer is
directed to a summary page of the unit cost of each product
chosen, of the total cost in case of purchasing multiple products, of the
related delivery costs, and any other costs borne by the same.
6.2 By sending the order the Customer transmits to the
Seller a proposal to purchase the product or products listed in the
“Cart”. When the Customer places the order for the product or
products inserted in the "Cart", agrees to purchase them at the price and
terms indicated in these General Conditions of Sale.
6.3 Once the purchase order has been forwarded, in accordance with
as provided for in art. 53 of the Consumer Code, the Seller will send via
e-mail confirmation of the order sent by the Customer.
This confirmation email
of the order contains a summary of the main characteristics of the
product/s purchased, the order number, the detailed indication of the
price, delivery costs, taxes applied, means of payment
chosen, a reference to these Conditions.
In the same email, the
The Customer will also receive the link to download and archive a copy of the
these Conditions, as provided for in art. 51, co.1 of Legislative Decree 206/2005,
as amended by Legislative Decree 21/2014.
6.3 Before sending the order confirmation, it remains
without prejudice to the possibility for the Seller to request from the Customer
further additional information in reference to the order sent. If the
Customer will fail to provide the Seller with the additional information requested by the
itself reserves the right not to accept the order sent.
6.4 Furthermore, the Seller reserves the right to
evaluate the acceptance of orders received from the Customer, without
the latter may advance claims or rights of any kind, for any reason,
also compensatory, in case of non-acceptance of the order itself. To this end
In this regard, the Seller will communicate to the Customer any impossibility of
process orders received within 48 hours from the working day
following the one in which the Customer has transmitted the order and will provide for the
refund of any sums already paid by the Customer for the payment
of the chosen product.
Saturdays are not
consider a working day.
The Seller reserves the right
the right not to accept purchase proposals and to cancel orders that do not
provide sufficient guarantees of solvency or if - even following
comparison with the circuit that manages credit card payments - are
anomalies in transactions and means of payment used by the Customer.
6.5 The Customer has no right to compensation
compensation for damages or indemnity, as well as any other liability
contractual or extra-contractual for direct or indirect damages to persons and/or
things, caused by the failure to accept or evade, even partial, of a
order.
7. Product Availability
7.1 The availability of the products on the Site is
refers to the actual availability at the time the Customer makes the
the order. This availability must however be considered purely
indicative, as:
- the products could
be sold to other Customers before receiving confirmation
of the order by the Customer, due to the simultaneous presence on the
multi-user site;
- it could happen
a computer anomaly that makes a product available for purchase
which in reality it isn't.
7.2 Even after sending the confirmation email
of the order sent by the Seller, there may be cases of
partial or total unavailability of the goods. In this eventuality, the order
will be automatically corrected upon deletion of the product or products
products not available and the Customer will be immediately informed via
e-mail; with this e-mail the Customer will also be informed of the methods and
of the timing of reimbursement of any sums paid.
The Customer can decide
freely whether or not to cancel the order placed, following the procedures
provided on the Site in the “My Account” section.
7.3 Each sale made by the Seller through
The Site may concern one or more products, without quantity limits for each
article (except where specified).
8. Sales prices
8.1 Unless otherwise specified in writing, the prices of the
products and shipping costs indicated on the Site and in the order form in
electronic format are to be considered VAT included and expressed in Euro.
Shipping costs are not included.
are included in the purchase price but are expressly indicated at the time
of sending the order and calculated at the time of completion of the order process
purchase before choosing the payment method.
8.2 Product prices and shipping costs
reported on the Site may be changed by the Seller at any time and
without prior notice; it being understood that, limited to orders in
course of acceptance or accepted by the Seller, the prices will be applied
indicated on the Site at the time the purchase order is sent by the
Customer.
Article 9 – Methods of
payment
Each payment by
of the Customer may only take place according to one of the methods indicated
in the order form and which are summarised in the following articles.
At no time in the
purchase procedure the Seller is able to know the information
relating to the buyer's Paypal account or credit card, which
are transmitted via a secure connection directly to the banking institution
or to the website Paypal.com, which manages the transaction. No archive
The Seller's IT department will retain such data.
Consequently, in no
case the Seller may be held responsible for any uses
fraudulent or improper use of the Paypal account or credit cards by
third parties, upon payment for the products purchased on the Site.
9.1 Credit cards and prepaid cards.
9.1.1 The Seller accepts payments made with the
following credit cards and prepaid cards: MasterCard, Visa and American
Express, without applying any additional charge to the product price
or shipping.
It is understood that the
Customer must be the holder of a valid credit card
at the time of purchase and that the name on the credit card
must be the same as indicated on the billing data. In the absence of such
assumptions it will not be possible to proceed with the order and the consequent
purchase of the selected product.
9.1.2 When purchasing online, therefore
upon receipt by the Customer of the order confirmation,
the relevant banking institution will only carry out the
the commitment/authorization of the amount relating to the order.
Such
commitment/authorization does not imply the debit of money but simply a
“reservation” of the amount relating to the purchase order submitted and
confirmed. This amount will actually be charged to your credit card
of the Customer only at the time of shipment of the purchased products.
This implies that, in
case of cancellation of the order (according to the procedure indicated on the Site at
"My Account" section) by the Customer before shipping the products
purchased, no amount will be charged to them and consequently no
the obligation to reimburse will arise on the part of the Seller.
9.1.3 Once the order has been processed (i.e. after having
(provided the Courier is responsible for the shipment), if the Customer intends
to avail of the Right of Withdrawal, the Seller will instruct the institute
reference bank to credit the amount to be refunded directly
on the credit card used for the purchase.
9.2 Paypal
9.2.1 If the Customer has a Paypal account
(which can be done from the website www.paypal.com), the Seller provides you with the
possibility of making all payments directly using the
credentials to access the site www.paypal.com.
In this way of
payment, the previous articles 9.1.2 – 9.1.3 apply, which are expressly referred to
postpone.
9.3 Bank transfer
9.3.1 With this purchase method, payment
of the price of the purchased product will be made directly by the Customer
to the Seller's bank details indicated on the Site in the "My" section
Accounts”.
9.3.2 The transfer must be made free of charge
by the Customer, with costs and commissions at his expense. In the event of cancellation or
revocation of the bank transfer order (according to the procedure indicated on the Site at
"My Account" section) by the Customer before its execution by
of the bank and before shipping the purchased products, no amount
will be charged to the same and consequently no obligation for reimbursement will arise
at the head of the Seller.
9.2.3 Once the order has been processed (therefore after having
(provided the Courier is responsible for the shipment), if the Customer intends
to avail of the Right of Withdrawal, the Seller will instruct the institute
reference bank to credit the amount to be refunded directly to the
current account in the name of the Customer and indicated by the latter in writing for the purposes
of the refund.
10. Shipping and delivery methods of products
10.1 The Seller delivers exclusively to
countries indicated on the Site in the Shipping section and in the order form in
electronic format. Any orders for shipments to be made outside
of these countries, will not be accepted and will be automatically rejected in the
during the order processing procedure.
10.2 Each shipment contains:
the products/products
ordered;
the relevant document of
transport/accompanying invoice;
any documentation
accompanying material required based on the country of shipment;
any material
informational and marketing.
10.3 The delivery of the products purchased through the
Site can only take place with delivery to the Customer's home (art. 11).
10.4 All products are shipped directly
from Italy. The prices of the products and shipping costs indicated on the
Site, unless otherwise specified, are to be considered not inclusive
of any costs associated with customs duties and related taxes, if the
shipping takes place in non-EU countries or in countries where the legislation
in force provides for import charges.
The above costs are at
are the responsibility of the Customer and must be paid directly at the time of
delivery of the products, according to the instructions specified in the email
order confirmation.
11. Delivery to the Customer's home – resolution of
right
11.1 Delivery costs are the responsibility of the Customer and
are clearly highlighted on the Site during the purchase phases of the
product(s).
11.2 The purchased products will be delivered by
courier selected by the Seller to the shipping address indicated by the
Customer at the time of placing the order, via the shipping service
insured.
The Customer can consult
the Shipping section for additional information on costs, times and methods of
delivery and countries served.
11.3 Deliveries will be made from Monday to
Friday during the normal office hours set by the courier appointed by
Salesperson.
11.4 Delivery is deemed to be completed at the time of
where the purchased product is made available to the Customer at the address of
shipping indicated by this at the time of placing the order.
11.5 Unless explicitly stated otherwise, delivery
means at street level. Upon receipt of the goods at the address
indicated during the purchasing phases, the Customer is required to verify:
- the integrity of the packages
delivered, packaging and closing materials;
- the correspondence of the
number of packages delivered as indicated in the transport document.
In case of anomalies, the
The Customer must immediately contest them by adding the wording "accepted with
“reserve” on the courier's delivery receipt. Otherwise the Customer
loses the right to raise any objection and this also for the purposes of exercising
of the Right of Withdrawal. In case of failure to collect within 5 working days
of the product(s) stored in the courier's warehouses due to the
repeated impossibility of delivery to the address indicated by the Customer, the order
will be automatically cancelled, the sales contract will be deemed
automatically terminated by law due to serious acts and faults of the Customer pursuant to art.
1456 cc and the courier will proceed with the return to the Seller. In this case,
The Customer is required, upon presentation of a valid tax document issued by the
Seller, to reimburse the storage costs charged by the Courier to
Seller, as well as the shipping costs incurred by the same (shipping
from the Courier's warehouse to the Seller's premises).
In that case, with
e-mail communication, sent to the address provided by the Customer at the time
of registration on the Site, the Seller
will contact the Customer for a possible return; with the same communication
The Seller will communicate to the Customer the expenses incurred by the latter.
12. Right of Withdrawal
12.1 Pursuant to art. 52 et seq. of the Consumer Code
(Legislative Decree no. 206/2005 and subsequent amendments) the Consumer Customer (meaning
with this definition the one provided for by art. 3 of the Consumer Code, or
“any natural person who acts on the site for purposes other than the activity
entrepreneurial or professional activity possibly carried out”), has the right to
withdraw from the contract concluded with the Seller, without any penalty, for
any reason and without the need to provide any explanation, within the
term of 14 (fourteen) non-holiday and working days (Saturday is
(considered working days), starting from the day of receipt of the products
purchased on the Site.
12.2 The right of withdrawal can be exercised by the
Customer by accessing the "Returns and Refunds" section of the website, downloading and
by completing the Return Form attached therein. The Return Form may be
sent to the Seller by registered mail with return receipt or via the procedure
telematics indicated on the Site.
12.3 When completing the Return Form, the
Customer will receive all the information necessary for the return of the item(s)
product(s).
12.4 The exercise of the right of withdrawal is subject to
under the following conditions:
Returned products must be
returned in their entirety, returns of parts or parts will not be accepted
components of the products purchased, even in the case of kits;
the returned products are not
must have been used, worn, washed or damaged;
Returned products must
be returned in their original packaging, including any
accessories, instruction manuals and everything originally delivered to the
Customer;
Returned products must
be sent to the Seller in a single shipment to the following address Via
delle Ortensie, 47 – Rocca di Papa 00040 Rome (RM). The Seller reserves the right
right not to accept products from the same order returned and shipped in
different moments.
Returned products must
be returned to the Seller, under penalty of forfeiture of the Customer's right
of withdrawal, within 14 (ten) working days (Saturdays are
(considered working days) starting from the day of receipt of the same.
in the cases in which the
Seller, in exchange for the purchase of a specific package of products, offers
the possibility of buying them at a lower price than what they cost
would normally be practiced by purchasing them individually (e.g. 5x4, 3x2 etc.), the right of withdrawal may be
also exercised with the restitution of some of the
products purchased. In this case the price will be recalculated taking as a reference
the one normally practiced for the purchase of the single product. In all the
other hypotheses (e.g. combined sales, prize operations, etc.), the right of withdrawal may be exercised
only with the return of all the products purchased;
The Seller reserves the right
the right not to accept the returned goods if they do not comply with the
terms and conditions set out in the return policy set out herein and by
Consumer Code. In this case, the Customer will be notified by email and will have
the obligation to have the purchased products returned to you at your own expense. In case
Otherwise, the Seller will retain the items without refunding the Customer the
related cost, withholding the amount also as compensation.
12.5 If the right of withdrawal is exercised by the
Customer in accordance with these Conditions, the Seller undertakes to
refund the Customer the amount paid within and no later than 30 days from the
receipt of the returned products, with the same payment methods chosen by the
Customer at the time of placing the order.
12.6 In compliance with the legislation in force on the matter,
In case of return, the costs of returning the product are borne by the
Customer. The shipment of the returned product(s) is under the complete
Customer's responsibility until the actual receipt of the packages
by the Seller.
Upon his arrival in
warehouse the product will be examined to assess any damage and/or
tampering not resulting from transport. If the packaging/packaging
original are damaged, the Seller will withhold from the refund
due a percentage, in any case not exceeding 15% of the same, which
contribution towards the costs of restoring the product.
12.7 The Seller undertakes to bear the costs of
shipping of products exclusively in cases where they are currently available
of the delivery are damaged due to transport or have been
errors occurred in the shipment by the Seller himself.
In this case, the Customer
will be contacted by the Seller's Customer Service to agree on the times and
collection method: in this way the Customer will not have to make the first
person to pay the costs of returning the purchased product.
12.8 The Seller has the right to reject any
returned product in the event that the Customer's right of withdrawal is from
the latter exercised without respecting the legal and regulatory procedures
indicated in the previous articles.
13. Exceptions to the right of withdrawal.
The right of withdrawal of
referred to in articles 52 and following of the Consumer Code (Legislative Decree no. 206/2005 and
subsequent amendments) for contracts stipulated at a distance and contracts
negotiations outside of business premises are excluded in relation to:
supply of goods or
services whose price is linked to fluctuations in the financial market that the
professional is not able to control and that may occur during
the withdrawal period;
supply of goods
made to measure or clearly personalized;
supply of goods which
are at risk of deteriorating or expiring rapidly;
supply of goods
sealed that are not suitable to be returned for hygiene reasons or
connected to health protection and were opened after delivery;
supply of goods which,
after delivery, they are, by their nature, inseparably mixed with
other goods.
14. Warranty for non-compliant products
14.1 The Seller is responsible for defects in the
products offered on its Site, including the non-conformity of the items
to the products ordered, in accordance with the provisions of Italian law.
14.2 Consequently, in the event of receipt of products
non-compliant with orders or defective, the Customer has the right to have the goods restored without
costs of product conformity through repair or replacement of the
product or, at its option, an appropriate price reduction.
The Customer, in compliance
as provided for in art. 132 of the Consumer Code, can exercise this right
right provided that the following conditions are met:
the defect manifests itself
within 2 (two) years from delivery of the goods, and it is manifested
despite the correct use of the product by the Customer himself, who
the latter is required to demonstrate it;
the defect, under penalty of
forfeiture, is reported by the Customer within 2 (two) months from the
discovery;
the Customer has
the online return form has been correctly completed.
14.3 All return costs for products
defective will be borne by the Seller, who will arrange in agreement with
the Customer to collect the product.
15. Contacts
For any request
For information, disputes or complaints, the Seller's e-Commerce team is available
of the Customer and can be contacted at the following email address: info@monroiroma.com .
16. Communications to the Customer
The Customer acknowledges,
accepts and gives his consent to all communications, notifications,
certificates, information, reports and any other documentation
on the operations carried out, relating to the purchase of products on the Site, will be
sent to the email address indicated at the time of
registration, with the possibility of downloading information onto media
lasting in the ways and within the limits provided by the Site.
17. Disclaimer
17.1 The Seller assumes no responsibility for
disruptions attributable to force majeure or unforeseeable circumstances, even where
dependent on malfunctions and disruptions of the internet network, in the event of
who is unable to execute the order within the agreed time frame.
17.2 Furthermore, no liability can be
charged to the Seller in the event of a delay in processing the order or in
delivery of the purchased item.
18. Cookies
The Site uses the
''cookies''. Cookies are electronic files that record information
relating to the Customer's navigation on the site (pages consulted, date and time
of the consultation, etc.) and which allow the Seller to offer a
personalized service to its customers.
The Seller informs the
Customer of the possibility to disable the creation of such files, by accessing
to your Internet configuration menu. It is understood that this will prevent the
Customer to proceed with the purchase online.
19. Applicable law.
These Conditions
The General Sales Conditions are governed by Italian law.
Consequentially
the interpretation, execution and resolution of the General Conditions of
Sales are subject exclusively to Italian law and any
disputes inherent and/or consequent to the same shall be resolved in
exclusively by the Italian judicial authority.
20. Conventional forum
For any
dispute concerning the validity, interpretation, execution of the
This Agreement will be subject to the exclusive and mandatory jurisdiction of the court
of the Court of Rome, without prejudice to the right of the Customer, who is also a consumer, to
avail yourself of the forum provided in your favor by the Consumer Code.
21. Modification and update
The Seller may
modify, at any time and without notice, the content of the
General Conditions of Sale published on the site at the time of sending
of the order by the customer.
Therefore, the Customer declares to accept exclusively the Conditions in force at the time
of the forwarding of the purchase order.
The new General Conditions of Sale will be effective from the date of publication on the Site and in
relation to purchase orders submitted after the latter
date.