General Terms and Conditions of Sale

1. Introduction

1. 1. These general terms and conditions of sale (the “General Terms and Conditions of Sale”) govern the offer and sale of shoes, clothing and accessories under the “MON MASSAGUE” trademark (the “Products”) on the website www.monmassague.com (the “Website”).

1. 2. The Products acquired on the Website are sold directly by the firm MON MASSAGUE’ di Massagué Flaqué Montserrat with registered office in via Montini no. 2, 35122 Padova, Italiy, Business Registration and Italian Tax number MSSMTS73A44Z131Y, VAT number 08029611004 (the “Seller”).  08029611004 (“Salesperson").

1. 3. Before purchasing the Products, every Website user (the “Customer”) must carefully read these General Terms and Conditions of Sale laid down by the Seller in compliance with the provisions contained in Chapter I, Title III, Part III of Italian Leg. Decree 206/2005 (the “Consumer Code”) and all other regulations which come into force, and print and preserve a copy of them. The General Terms and Conditions of Sale may be modified by the Seller at any time without the obligation to give advance notification of this circumstance to Customers, who shall then periodically read them before purchasing the Products. The new General Terms and Conditions of Sale will become effective from the date of their publication on the Website and will be applied to all sale and purchases of Products following this publication.

1. 4. Unless otherwise indicated in these General Terms and Conditions of Sale, the Customer may contact the Seller through the Contacts section of the Website or at the email address info@monmassague.com.

1. 5. For further information of a legal nature, please consult the specific sections related to the general terms and conditions of Website use (Giuseppe inserire link alla relativa pagina) and the Privacy Policy (Giuseppe inserire link alla relativa pagina) (respectively the “Terms and Conditions of Website Use” and the “Privacy Policy”).

2. Limitations of the scope of application of the General Terms and Conditions of Sale

1. 1. These General Terms and Conditions of Sale are applicable to Customers who qualify as "consumers" in accordance with article 3, paragraph one, letter a) of the Italian Consumer Code, in which the consumer is defined as “[...] the natural person acting for purposes which are not related to the business, commercial, craft or professional activity that he or she may carry out”. 

2. 2. The graphic representation of the Products displayed on the Website may differ from reality, due also to the quality of image display, attributable to the device used by the Customer. The latter must, therefore, rely on the description of the Product and the characteristics thereof provided on the Website.

2. 3. The General Terms and Conditions of Sale do not govern the sale of Products and/or the provision of services by parties other than the Seller that may be present on the Website through links, banners or other hypertext links. The Seller is not in any way responsible for the sale of products and/or the provision of services carried out by these third parties and advises the Customer to examine the Terms and Conditions of Sale very carefully before making any purchase.

2. 4. The Website can be accessed from anywhere in the world. However, the Products proposed on the Website can be currently delivered exclusively within the following territories: Italy and any other Country being member of the European Union, United Kingdom, Norway, United States of America, Canada, Mexico, Japan, South Korea, Singapore, Hong Kong, Australia, New Zealand, without prejudice to the right of the Seller to consider from time to time di any request coming from a Client based in a Country different from those listed above and any other further indication in the Website.

3. Product purchase method through the Website

Filling in and transmitting the purchase order

1. 1. To complete the purchase contract of one or more Products on the Website, Customers must:

1. proceed as a non-registered Customer if they do not intend to register themselves on the Website or register on the Website or log in if already registered; 
2. select the Products they intend to purchase, together with the characteristics of these Products (e.g. colour and size) and add them to the “cart” using the relevant button;
3. access the “cart” using the relevant button on the Website where they can check the selected Products, the relevant quantities and characteristics, as well as the cost of the Products;
4. once checked that the selections are correct, click on the “proceed to checkout” button; 
5. enter the contact, billing and shipping information in the relevant fields, taking note of the shipping costs charged for the selected Products (applied only to Countries different form Italy). If Customers are registered on the Website, they can use the information they have already saved and/or modify them;
6. select the payment method from “credit card”, “bank transfer” and “PayPal” and if using payment by “credit card”, enter the relevant data;
7. a printable summary screen will open, which will include the following specific information: Customer identification data, the main characteristics of the Product/s being purchased, the relevant price, additional shipping costs (when charged), the methods and terms of payment, the address where the Products will be delivered, delivery times, shipping method selected and acceptance of the General Terms and Conditions of Sale;
8. declare that they have read and understood, and unconditionally accept, the General Terms and Conditions of Sale, by ticking the box at the bottom of the same; 
9. click on the button “proceed to payment”.proceed to payment".

In this case: (i) if the chosen method of payment is by credit card, the order will be sent directly to the Seller, (ii) if the Customer has chosen payment via PayPal, he/she will be redirected to the appropriate PayPal page to enter the data required for payment; (iii) if the Customer has chosen payment through bank transfer, he/she will receive from the Seller an email with IBAN code and any other data to make the transfer, it being understood that the order will be completed by the Seller only upon the receipt of the price of the Products on its bank account; 

10. once this stage has been completed, the Customer will have successfully completed the order and will be redirected to a Website page where the order number will be displayed (the "Order Transmission").

All the information provided by the Seller pursuant to this paragraph 3.1 can be easily printed and/or downloaded by the Customer onto an IT device. 

Confirmation of order receipt, acceptance by the Seller and shipping

10. 2. Following the Order Transmission, the Customer will receive - at the email address indicated when filling in the purchase order - a confirmation of order receipt containing a summary of the Products ordered, their price, the additional costs of shipping (if charged), delivery times and the method of payment selected by the Customer, together with a links to the General Terms and Conditions of Sale. The Customer must preserve this communication. It is understood that the confirmation of order receipt does not imply the acceptance of the order by the Seller.

10. 3. The order transmission is an offer that the Customer submits to the Seller for the purchase of one or more Products. All orders will be subject to approval by the Seller, of which the Customer will be informed when a subsequent email is possibly sent confirming that the order is being shipped (the "Shipping Confirmation"), within 3 business days from the Order Transmission. The contract for the purchase of a Product between the Customer and the Seller (the "Contract") will be deemed to have been executed only when the Seller sends the Shipping Confirmation to the Customer.Shipping Confirmation”), within 3 (three) working days from the Transmission of the Order. The contract for the purchase of a Product between the Customer and the Seller (the "Contract”) will be considered concluded only when the Seller sends the Shipping Confirmation to the Customer.

The Seller shall have the right, to its own discretion, to refuse the order, including but not limited to in the following cases:

9. if the Products ordered by the Customer are not available. In such case, the Seller reserves the right not to accept the order and shall inform the Customer by email, within 14 working days from the Order Transmission, of the reasons for this refusal; moreover, the Seller will not debit the payment authorised by the Customer with the submission of the order or, if the price has already been debited to the Customer, will refund any amounts already received within a reasonable period and, in any case, not more than seven working days after sending the communication of refusal of the order;

2. in case of failure, by the Customer, to send copy of its identity card for proving the ownership of the credit card used, if so requested by the Seller, as better specified in paragraph 3.9 below;

3. in case of non-receipt of the integral payment of the amount due by the Customer, as better specified in paragraph 3.11 below;

4. in case of multiple withdrawal from the same Customer.

4. 4. Without prejudice to the provisions of the previous paragraph, except where extraordinary circumstances occur, the Seller undertakes to do everything in its power to ship the Products ordered by the date indicated in the Shipping Confirmation. 

4. 5. The Products will be delivered to the address indicated by the Customer when filling in the purchase order. When the Products are delivered, the courier’s shipping note must be signed by the Customer (or by someone on his/her behalf). Deliveries cannot be made to p.o. boxes. For all Product deliveries, the courier will be designated at the sole discretion of the Seller. When the Products are delivered, the Customer must check: a) that the number of Products delivered matches the number indicated on the shipping note and b) that the packaging is intact. If there is any damage to or defect with the packaging, the Customer may refuse the delivery or accept it with reserve specifying its contestation in writing on the courier’s shipping note.

4. 6. If the recipient is absent when the Products are delivered, the courier will leave a notification of an attempt to deliver at the address indicated by the Customer when filling in the purchase order. The courier will also indicate in this notification, the address where the Customer must go to collect the Products, the deadline for collecting them and its contact information.

If the Products are not collected by the deadline indicated by the courier, they will be returned to the Seller. In this case, the Seller will refund the price of the Products to the Customer, net of the shipping costs which will be borne by the Customer.

Product prices and payment method 

4. 7. The Product sales price (the “Price”) is expressed in the currency of the Country of purchase of the Client. The Price includes VAT but not any other possible taxes and custom duties applied by any Country not being part of the European Union which shall be paid by the Client. The Price includes the cost of transport of the Products for shipments made in Italy while it does not include the cost of transport for shipments made outside Italy that will be expressly indicated to the Customer during the process of acquisition of the Products and added to the Price.

4. 8. With the Order Transmission, each Customer guarantees that he/she is of age and has the legal capacity to purchase the Products through the Website and any necessary authorisation to use the payment tool selected among those available on the Website.

4. 9. If payment of the Products is by credit card, the Seller reserves the right to ask the Customer to send, within 24 (twenty-fours) hours from the relevant request, a copy of his/her identity card proving that he/she is the effective owner of the credit card being used. It is understood that, as anticipated in paragraph 3.3 above, if the above-mentioned document is not received within the above-mentioned time frame, the Seller reserves the right to refuse the purchase order sent by the Customer. 

4. 10. The Price and the cost of shipping (charged only for shipments outside Italy) will be charged by the Seller to the Customer within the following time frame:
       1. payment by credit card: on the date of the Shipping Confirmation. Prior to that date, the relevant amounts will be temporarily blocked, but not transferred; 
       2. payment by bank transfer or PayPal: automatically at the same time as the Order Transmission according to the provisions of the credit institutions concerned or PayPal.

4. 11. If it is not possible to debit or block the entire sum owed by the Customer according to the method of payment selected by the Customer in the Order Transmission, the Seller reserves the right to suspend the shipment and ask the Customer for clarification via email. If the Seller is unable to receive full payment of the sum owed by the Customer within seven days from the request for clarification, the Seller reserves the right, as anticipated in paragraph 3.3 above, to refuse the order or, in any case, not to perform the same. Any customs duties incurred are borne by the Customer and must be paid by him/her directly to the courier at the time of delivery of the Products.  

4. 12. If the Customer wishes to receive an invoice, he/she must inform the Seller thereof when filling in the purchase order form, also providing the latter with all the necessary information. 

4. Right of withdrawal

Terms and method to exercise the right of withdrawal

1. 1. Pursuant to the provisions of articles 52 and subsequent of the Italian Consumer Code, the Customer has the right to withdraw from Contracts for the purchase of Products executed with the Seller, without incurring any penalty and without cause, within 14 (fourteen) days from the day the Customer receives the Products purchased. For the purposes of calculating this deadline, the date indicated on the Product delivery receipt issued by the carrier shall be taken into consideration.

4. 2. The Customer can exercise the right of withdrawal by clearly stating in writing his/her decision to withdraw from the Contract and sending it to the Seller by e-mail at the following address: info@monmassague.com.

4. 3. To this purpose, the Customer may use the withdrawal form attached as Annex A below, which in any case is not mandatory. 

Returning the Products 

4. 4. If the Customer exercises the right of withdrawal, he/she must return to the Seller the Products without delay and, in any case, within 14 (fourteen) days from the date in which he/she informed the Seller of his/her decision to withdraw from the Contract. The Products must be returned by the Customer to the Seller, by following the instructions outlined on the Website in the sections mentioned in paragraph 4.2 above, by sending them personally or by delivering them to a shipping agent affiliated with the Seller. In any case, the Customer must return the Products from the same Country in which they were delivered.

If the Customer has exercised the right of withdrawal, he/she must return the Products by following the instructions he/she will receive from the Seller by email.

4. 5. If the Customer uses the courier indicated by the Seller, the only expenses he/she will incur are those for the return of the Products purchased as well as, only for the Countries where they are provided, any custom duties for the return. In this case, the expenses will be deducted by the Seller from the refund due for the price paid, for an amount equal to the standard shipping cost of the Products purchased.

4. 6. If the Customer uses a shipping method of his/her own choice, he/she must personally pay the cost of returning the purchased Products, and the costs shall be borne by him/her.

4. 7. If the Products are returned personally by the Customer, he/she is responsible for any loss or damage to the Products.

Additional terms and conditions for exercising the right of withdrawal

4. 8. In addition to compliance with the terms and procedures described in the preceding paragraphs of this article 4, the right of withdrawal shall be deemed to have been correctly exercised by the Customer if the following conditions are fully met:

1. the Products must be in a perfect state of preservation and must have been kept by the Customer as guardian, in accordance with article 1177 of the Italian Civil Code, meaning that the Customer is liable for any damage to or loss of the Products and the decrease in value resulting from an usage of the same different from that required to establish its nature, characteristics and use in the period in which they are in his/her custody; 
2. the fundamental characteristics and/or quality of the Products must not be altered or damaged;
3. the Products must be returned in their original packaging;
4. the Products must be sent to the Seller in a single shipment. the Seller, therefore, reserves the right not to accept Products which are part of the same order, but which have been returned and sent separately and/or at different times;
5. the right of withdrawal is applied to each Product in its entirety; thus, it cannot be exercised in relation to individual parts and/or accessories of the same Product.

Methods and time frames for refunds

5. 9. If the right of withdrawal is exercised in accordance with the terms and conditions indicated in the preceding paragraphs of this article 4, the Seller will refund the Customer the sums already collected for the purchase of the Products which have been returned, except as indicated in article 4.10. These amounts will be refunded by the Seller without undue delay and, in any case, within 14 (fourteen) days from the date on which the Seller was informed of the Customer's decision to withdraw from the Contract.

5. 10. The cost of shipping the returned Products to the Seller is borne by the Customer. To this end, if the return is carried out by the courier affiliated with the Seller, the latter will deduct from the refund of the Price: (i) Euro 10 for returns made from Italy; (ii) Euro 15 for returns made from a Country being part of the European Union different from Italy; (iii) an amount equal to that charged to the Customer at the time of purchase of the specific Product for returns made from a Country outside the European Union.

5. 11. The Seller will carry out the refund using the same payment method adopted by the Customer to purchase the returned goods. If the recipient of the Products indicated in the Order Transmission and the person who paid for their purchase differ, the refund of the amounts, should the right of withdrawal be exercised, will be made in favour of the person who paid for the Products. 

5. 12. If the terms and conditions to exercise the right of withdrawal indicated in the preceding paragraphs of this article 4 are not fulfilled, the Customer will not be entitled to receive any refund of the sums paid to the Seller, without prejudice to the right to collect the Products in the state in which they were returned at his/her own expense, by sending a written request to that effect to the following email info@monmassague.com within 14 (fourteen) days of the date on which the email was sent by the Seller to inform the Customer of the refusal of the return. Otherwise, the Seller may retain these Products, in addition to the sums already paid for the relevant purchase and dispose of them at its discretion, with the understanding that the Customer has definitively waived his/her ownership of the Products returned.

5. Warranty - right to Product repair and replacement

1. 1. Pursuant to the provisions of articles 130 and subsequent of the Italian Consumer Code, the Seller is liable vis-a-vis the Customer for any defect in conformity of the Products existing at the time of delivery to the Customer, if the defect in conformity occurs within a period of 24 (twenty four) months from the delivery of the Product itself. 

5. 2. In the event a defect in conformity, the Customer has the right to ask the Seller: 

1. to restore conformity, without any extra expense, of the Product purchased by repairing or replacing it, pursuant to article 130 of the Italian Consumer Code; or
2. a suitable reduction in price or the termination of the sale and purchase contract for the Product, pursuant to article 130, paragraphs seven, eight and nine of the Italian Consumer Code,

except where the remedy required by the Customer is objectively impossible or too expensive compared to the other one.

2. 3. The Customer will forfeit the rights referred to in the previous paragraph if they fail to inform the Seller of the defect in conformity found in the Product purchased within a period of 60 (sixty) days from the date on which the defect in conformity was discovered. 

2. 4. The notification concerning the defect must be made in writing, by registered letter with acknowledgement of receipt, sent to the registered offices of the Seller at the following address:

MON MASSAGUE by Massagué Flaqué Montserrat

Via Montini no. 2

35122 Padua

Italy

or alternatively by email to the address info@monmassague.com indicating: (i) the code of the Product concerned; (ii) the number of the relevant purchase order (or a copy thereof); (iii) a detailed description of the type of defect or fault found; (iv) photographs of the Product concerned and, where applicable, of the defect or fault found.

2. 5. The basic characteristics of the Products are outlined on the Website in each Product page. However, the Customer, with the Order Transmission, expressly acknowledges that the images and colours of the Products may not correspond to the real ones as a result of the browser and monitor used by the Customer while browsing the Website.

2. 6. Without prejudice to any different provision of these General Terms and Conditions of Sale or of any applicable law, the Seller’s liability with regard to Products purchased through the Website will be limited only to the purchase price of those Products.

In any case, the Seller shall not be held liable for indirect losses which are a collateral damage of the main loss or damage, for example loss of profits or opportunities; nor for the impossibility to deliver the Products or to fulfil any other obligation set forth in these General Terms and Conditions of Sale, when such failure is due to an event out of its reasonable control, including but not limited to pandemics, fires, floods, storms, riots, civil unrest, wars, nuclear incidents and terrorist activities.

The provisions mentioned herein do not limit nor exclude the liability of the Seller if such limitations or exclusions are contrary to the applicable law.

6. Invalidity of clauses

These General Terms and Conditions of Sale replace any other document possibly governing the relationship between the Customer and the Seller with regard to the sale and purchase of the Products made through the Website. Any invalidity or ineffectiveness of a single clause of the General Terms and Conditions of Sale does not affect, nor will affect, the other provisions contained therein.

7. Processing of the Customer’s personal data

1. 1. The Seller informs that any personal data communicated by Customers when registering on and/or purchasing Products through the Website are processed in accordance with the Privacy Policy that Customers are invited to read carefully, print and preserve.

7. 2. The Seller also recommends that Customers read the Terms and Conditions of Website Use, as they contain important information on how the Seller processes the personal data of Customers and the security systems adopted to protect such data.

7. 3. To receive further information on the management of personal data, the Customer can send a request to the e-mail address info@monmassague.com.

8. Language of the General Terms and Conditions of Sale 

The General Terms and Conditions of Sale are written in Italian with a courtesy translation in other languages. In the event of any discrepancies between the Italian version and the relevant translations, the Italian version will prevail.

9. Applicable law

The General Terms and Conditions of Sale are governed exclusively by Italian law, with the express exclusion of the application of the Vienna Convention on Contracts for the International Sale of Goods of 1980.

10. Jurisdiction 

Any dispute arising from or relating to Contracts or the sale and purchase of Products being the subject of this general terms and conditions shall be decided by the judge of the place of residency or domicile of the Customer or, if the latter prefers it, by an Italian Court.  

In addition, according to Regulation (EU) 524/2013, the Customer has the right to request an out-of-court resolution of disputes regarding consumer law by means of the website https://ec.europa.eu/consumers/odr/main/

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The General Terms and Conditions of Sale are fully, unconditionally and irrevocably accepted by the Customer by "clicking" on the box at the bottom of said General Terms and Conditions of Sale, when purchasing Products through the Website. 

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ANNEX A – WITHDRAWAL FORM

For exercising the withdrawal right, please fill in the form here below or use the wording provided therein.

Dear

MON MASSAGUE' by Massaguè Flaqué Montserrat 

Via Montini n.2  
35122 Padua – Italy

email address: info@monmassague.com