General Conditions of Sale

Introduction

1. These general conditions of sale (the “ General Conditions of Sale ”) regulate the offer and sale of footwear, clothing and accessories under the “MON MASSAGUE” brand (the “ Products ”) on the website www.monmassague.com (the “ Site ”).

1. The Products purchased on the Site are sold directly by the company MON MASSAGUE' di Massagué Flaqué Montserrat with registered office in via Montini n. 2, 35122 Padova, Italy, REA and Tax Code MSSMTS73A44Z131Y, VAT number 08029611004 (“ Seller ”).

1. Before proceeding with the purchase of the Products, each user of the Site (the “ Customer ”) is required to carefully examine these General Conditions of Sale prepared by the Seller in compliance with the provisions contained in Chapter I, Title III, Part III, Legislative Decree 206/2005 (the “ Consumer Code ”) and other regulations in force from time to time, as well as to print and keep a copy of the same. The General Conditions of Sale may be modified by the Seller at any time, without prior notice to Customers and without prejudice to the obligation of the latter to periodically review them before proceeding with the purchase of the Products. The new General Conditions of Sale will be effective from the date of their publication on the Site and will apply to every sale of Products following such publication.

1. Except as otherwise provided in these General Conditions of Sale, the Customer may contact the Seller via the email address info@monmassague.com .

1. For further information of a legal nature, please consult the specific sections dedicated to the general conditions of use of the Site and the privacy policy.

Limitations on the scope of the General Conditions of Sale

1. These General Conditions of Sale apply to Customers who may be classified as “consumers” pursuant to Article 3, first paragraph, letter a), of the Consumer Code, where the consumer is defined as “ […] the natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out ”.

1. The graphic representation of the Products displayed on the Site may differ from reality, also due to the quality of the display of the images attributable to the device used by the Customer. The latter, therefore, must rely on the description of the Product and its characteristics reported on the Site.

1. The General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than the Seller who may be present on the Site via links, banners or other hypertext connections. The Seller is in no way responsible for the sale of products and/or the provision of services carried out by such third parties and advises the Customer to examine the relative general conditions of sale very carefully before making any purchase.

1. The Site can be accessed from all over the world. However, the Products offered through the Site are currently available for delivery exclusively in the following countries: Italy and any other country belonging to 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 Seller's right to evaluate from time to time any purchase requests from a Customer based in a country other than those indicated above and any additional information provided on the Site.

How to purchase Products via the Site

Compiling and transmitting the purchase order

1. In order to conclude the Purchase Contract for one or more Products on the Site, the Customer must:

if you are not interested in registering on the Site, proceed with the subsequent steps as an unregistered Customer or register on the Site or, if already registered, log in;
select the Products you wish to purchase, together with their characteristics (e.g. colour and size) and add them to the “cart” using the appropriate button;
access the “cart” via the appropriate button on the Site, where you can check the selected Products, their quantities and characteristics, as well as the cost of the Products;
once you have verified that your choices are correct, click on the “proceed to checkout” button;
enter contact, billing and shipping data in the appropriate fields, taking note of the shipping costs (applied only for countries other than Italy) relating to the selected Products. If the Customer is registered on the Site, he/she may use the data already saved in the system and/or modify them;
select the payment method between “ credit card ”, “ bank transfer” and “ Paypal ” and, in the case of payment by “ credit card ”, enter the relevant data;
a printable summary screen will open which will include, in particular, the following information: the Customer's identification data, the main characteristics of the Product(s) that the Customer intends to purchase, the relevant price, the additional shipping costs (where applicable), the payment methods and terms, the address where the Product(s) will be delivered, the delivery times, the selected shipping method and the acceptance of the General Conditions of Sale;
declare that you have read, understood and unconditionally accept the General Conditions of Sale by selecting the appropriate checkbox at the bottom of the same;
click on the appropriate “ proceed to payment” button.

In this case: (i) if the chosen payment method is by credit card, the order will be sent directly to the Seller, (ii) if the Customer has chosen to pay by Paypal, the Customer will be redirected to the appropriate Paypal page to enter the data required for payment; (iii) if the Customer has chosen to pay by bank transfer, the Customer will receive an email from the Seller with the IBAN data and other details to make the payment, it being understood that the order will be processed by the Seller only upon receipt of the price in its current account;

once this phase is completed, the Customer will have completed the transmission of the order and will be taken back to the page of the Site where his order number will appear (the “ Transmission of the Order ”).

All information provided by the Seller pursuant to this paragraph 3.1 can be easily printed and/or downloaded by the Customer onto a computer medium.

Confirmation of receipt of order, acceptance by the Seller and shipment

1. Once the Order has been transmitted, the Customer receives - at the email address indicated when completing the purchase order - a confirmation of receipt of the order containing a summary of the Products ordered, their price, additional shipping costs (if applicable), delivery times and the payment method selected by the Customer, together with the link to consult the General Conditions of Sale. The Customer is required to keep this communication. It is understood that the confirmation of receipt of the order will not imply acceptance of the same by the Seller.

1. The Transmission of the Order constitutes 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 by the Seller sending a subsequent email confirming that the order is being shipped (the “ 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 reserves the right, at its sole discretion, not to accept the order, by way of example but not limited to, in the following cases;

in the event that the Products ordered by the Customer are not available. In this case, the Seller reserves the right not to accept the order, informing the Customer, within 14 working days from the Transmission of the Order, by email of the reasons for such non-acceptance; furthermore, the Seller will refrain from charging the payment authorised by the Customer with the Transfer of the Order or, in the event that the price has already been charged to the Customer, will return any amounts already received within a reasonable time and, in any case, no longer than 7 working days following the sending of the communication of non-acceptance;

in the event of failure to receive, if requested by the Seller, the identity document proving actual ownership of the credit card used by the Customer, as better indicated in the following paragraph 3.9;

in the event of failure to receive full payment of the amount due from the Customer, as better specified in paragraph 3.11 below;

following multiple withdrawals and returns by the same Customer.

1. Without prejudice to the provisions of the preceding 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.

1. The Products will be delivered to the address indicated by the Customer when completing the purchase order. At the time of delivery of the Products, the Customer (or his delegate) must sign the courier's delivery note. Deliveries will not be made to PO boxes. The courier for the delivery of the Products will be assigned by the Seller at its sole discretion . At the time of delivery of the Products, the Customer is required to verify: a) the correspondence between the number of Products delivered and the number indicated on the delivery note and b) the integrity of the packaging. In the event of damage or anomalies in the packaging, the Customer may refuse delivery or accept it with reservation, by means of a written complaint to be indicated on the courier's delivery note.

1. In the event of the recipient's absence at the time of delivery of the Products, the courier will leave a notice of attempted delivery at the address indicated by the Customer when completing the purchase order. In this notice, the courier will also indicate the address where the Customer must go to collect the Products, the deadline by which collection must be carried out, as well as its contact details.

In case of failure to collect within the time limit indicated by the courier, the Products are returned to the Seller. In this case, the Seller will refund the Customer the price of the Products, net of shipping costs which remain the responsibility of the Customer.

Product Price, Payment Methods and Customs Charges

1. The selling price of the Products (the “ Price ”) is expressed in the currency current in the Customer’s country of purchase. The Price includes VAT but does not include any other taxes and customs charges applied by countries outside the European Union which are the responsibility of the Customer. The Price includes the shipping costs of the Products for shipments made in Italy while it does not include the shipping costs for shipments made outside Italy which will be indicated to the Customer during the purchase procedure of the Products and added to the Price.

1. Each Customer, by placing the Order, guarantees to the Seller that he/she is of legal age, has the legal capacity to act in order to purchase the Products through the Site and has any authorisations necessary for the use of the payment instrument selected from those available indicated on the Site.

1. In case of payment for the Products by credit card, the Seller reserves the right to ask the Customer to send, within 24 (twenty-four) hours of the relevant request, a copy of his/her identity document proving the actual ownership of the credit card used. It is understood that, as anticipated in the previous paragraph 3.3, in the absence of obtaining such document within the term indicated above, the Seller reserves the right not to accept the purchase order sent by the Customer.

1. The Price and shipping costs (only for shipments outside Italy) are charged by the Seller to the Customer according to the following timeframes:
  1. payment by credit card: on the date of the Shipping Confirmation. Before that date, the relevant amounts will be temporarily blocked but not yet moved;
  2. payment by immediate bank transfer or Paypal: automatically at the same time as the Order is transmitted according to the provisions of the credit institutions involved or Paypal.

1. In the event that it is impossible to fully charge or block the sums owed by the Customer according to the payment methods selected by the latter in the Order Transmission, the Seller reserves the right to suspend the shipment and to request clarification from the Customer via email. If it is not possible for the Seller to receive full payment of the amount owed to the Customer within 7 days of sending such request for clarification, the Seller reserves the right, as anticipated in the previous paragraph 3.3, to not accept the order or, in any case, to not proceed with its execution. Any customs charges are the responsibility of the Customer and must be paid by the same directly to the forwarder upon delivery of the Products.

1. In the event that the Customer wishes to receive an invoice, he/she must notify the Seller when completing the purchase order, also providing the necessary data.

Right of withdrawal

Terms and conditions for exercising the right of withdrawal

1. Pursuant to the provisions of Articles 52 and following, Consumer Code, the Customer has the right to withdraw from the purchase contracts of Products concluded with the Seller, without any penalty and without obligation to provide reasons, within 14 (fourteen) days from the day on which the Customer receives the purchased Products. For the purposes of calculating this term, the date shown on the delivery receipt of the Products issued by the carrier shall be valid.

1. The Customer may exercise the right of withdrawal by drafting an explicit declaration of his decision to withdraw from the Contract to be sent by email to the following address info@monmassague.com . To this end, the Customer may use the standard withdrawal form at the bottom of this document as Annex A, which is not, however, mandatory.

1. The burden of proving the correct and timely exercise of the right of withdrawal will in any case fall on the Customer.

Return of Products

1. In case of exercising the right of withdrawal, the Customer must return the Products to the Seller without delay and in any case within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the Contract. The Products must be returned by the Customer to the Seller following the instructions provided on the Site in the Sections referred to in the previous paragraph 4.2., at his own expense or by delivery to a forwarding agent agreed with the Seller. In any case, the Customer must ship the Products for return from the same State in which the Products were delivered.

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

1. If the Customer uses the forwarder indicated by the Seller, the only costs to be borne by the Customer are those of returning the purchased Products and, only for the countries where they are foreseen, any customs charges for the return. In this case, these costs are withheld by the Seller from the refund of the price due, in the amount of a sum equal to the standard shipping cost of the purchased Products.

1. In the event that the Customer uses a shipping method of his own choosing, he must personally pay the costs of returning the purchased Products, which will remain his responsibility.

1. In the event that the Customer returns the Products, he or she remains responsible for any loss or damage to the Products.

Further conditions for exercising the right of withdrawal

1. In addition to compliance with the terms and conditions described in the previous paragraphs of this article 4, the right of withdrawal is considered validly exercised by the Customer if the following conditions are also fully respected:

the Products must be in perfect condition and must have been kept by the Customer, as custodian pursuant to Article 1177 of the Civil Code, with the consequence that the latter is liable for damage to the Products, their loss and the decrease in value resulting from their use other than that necessary to establish their nature, characteristics and functioning during the period in which they are in his custody;
the Products must not be altered in their essential and/or qualitative characteristics and must not be damaged;
Products must be returned in their original packaging;
The Products must be sent to the Seller in a single shipment. The Seller therefore reserves the right not to accept Products belonging to the same order, returned and shipped separately and/or at different times.
the right of withdrawal applies to each Product in its entirety; it cannot therefore be exercised in relation to individual parts and/or accessories of the same Product.

Refund methods and timing

1. Where the right of withdrawal is exercised in accordance with the terms and conditions indicated in the previous paragraphs of this article 4, the Seller shall reimburse the Customer for the sums already collected for the purchase of the returned Products, except as indicated in article 4.10. Such amounts shall be reimbursed 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.

1. The costs for shipping the Products returned to the Seller are borne by the Customer. To this end, in the case of return using the courier agreed with the Seller, the latter will withhold from the refund of the Price: (i) 10 euros for returns made from Italy; (ii) 15 euros for returns made from a European Union country other than Italy; (ii) a sum equal to the amount charged to the Customer as shipping cost at the time of purchase of the specific Product for returns of Products from a country outside the European Union.

1. The Seller will refund using the same means of payment used by the Customer for the purchase of the returned Products. If there is no correspondence between the recipient of the Products indicated in the Order Transmission and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, is made, in any case, in favor of the person who materially made the payment for the Products.

1. In the event that the terms and conditions for exercising the right of withdrawal indicated in the previous paragraphs of this article 4 are not respected, the Customer is not entitled to obtain any refund of the sums paid to the Seller, without prejudice to the right to be able to obtain, at his own expense, the Products in the state in which they were returned, by sending a written request to this effect to the following email info@monmassague.com within 14 (fourteen) days from sending the email with which the Seller had communicated to the Customer the non-acceptance of the return. Otherwise, the Seller may retain such Products, in addition to the sums already paid for the relative purchase and dispose of them at his discretion, the Customer's inertia being understood as a definitive waiver of ownership of the returned Products.

Warranty – right to repair and replacement of Products

1. Pursuant to the provisions of Articles 130 et seq. of the Consumer Code, the Seller is liable to the Customer for any lack of conformity of the Products existing at the time of delivery to the latter, where the lack of conformity occurs within 24 months of delivery of the Product itself.

1. In the event of a lack of conformity, the Customer has the right to ask the Seller:

the restoration, without any expense, of the conformity of the purchased Product through repair or replacement, pursuant to Article 130 of the Consumer Code; or
an appropriate reduction in the Price or the termination of the Product Sales Contract, pursuant to Article 130, seventh, eighth and ninth paragraphs, of the Consumer Code,

unless the remedy requested by the Customer is objectively impossible or excessively onerous compared to the other.

1. Customers will lose the rights referred to in the previous paragraph if they do not report to the Seller the lack of conformity found in the purchased Product within 60 (sixty) days from the date on which such lack of conformity was discovered.

1. The complaint of the defect must be made in writing, by registered mail with return receipt sent to the registered office of the Seller at the following address:

MON MASSAGUE from Massagué Flaqué Montserrat

Montini Street No. 2

35122 Padua

Italy

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

1. The essential characteristics of the Products are presented on the Site within each product sheet. However, the Customer, by transmitting the Order, expressly acknowledges that the images and colors of the Products may not correspond to the real ones due to the browser and monitor used by the Customer while browsing the Site.

1. Except as otherwise provided in the General Conditions of Sale or by applicable law, the Seller's liability in relation to the Products purchased on the Site shall be limited exclusively to the purchase price of the Products in question.

In any case, the Seller shall not be liable for indirect losses which are a collateral effect of the main loss or damage, for example loss of profits or opportunities; nor for the impossibility of delivering the Products or fulfilling its other obligations under these General Conditions of Sale, when such failure is attributable to an event beyond its reasonable control, including but not limited to pandemics, fires, floods, storms, riots, civil disturbances, war, nuclear accident and terrorist activities.

Nothing herein shall limit or exclude the Seller's liability in cases where such exclusion or limitation of liability would be contrary to applicable law.

Invalidity of clauses

The General Conditions of Sale replace any other document that regulates the relationship between the Customer and the Seller in relation to the purchase and sale of Products carried out through the Site. Any invalidity or ineffectiveness of a single clause of the General Conditions of Sale does not affect, nor will it affect, the other provisions contained therein.

Processing of Customer's personal data

1. The Seller informs that the personal data communicated by the Customer when registering on the Site and/or purchasing the Products through the same are processed in accordance with the provisions of the Privacy Policy which the Customer is invited to read carefully, print and keep.

1. The Seller also recommends that the Customer read the Conditions of Use of the Site as they contain important information on how the Seller processes the Customer's personal data and on the security systems adopted to protect such data.

1. To receive any other information on the management of their personal data, the Customer can send requests to the email address info@monmassague.com .

Language of the General Conditions of Sale

The General Conditions of Sale are prepared in Italian with courtesy translation in multiple languages. In the event of any inconsistencies between the Italian version and the relative translations, the Italian version prevails.

Applicable Law

The General Conditions of Sale must be understood to be 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.

Competent Court

For any dispute arising from or relating to a Contract or the sale of Products governed by these general conditions of sale, the Judge of the place of residence or domicile of the Customer shall have jurisdiction or, if the Customer prefers, the Italian judicial authority.

Furthermore, in accordance with EU Regulation No. 524/2013, the Customer has the right to request an extrajudicial resolution of consumer disputes through the website http://ec.europa.eu/consumers/odr/ .

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The General Conditions of Sale are deemed to be fully, unconditionally and irrevocably accepted by the Customer by clicking on the appropriate box at the bottom of the same, carried out when purchasing the Products via the Site.

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ANNEX A – FORM FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal, please fill in the form below or use the text provided therein.

Dear Sir,

MON MASSAGUE' by Massaguè Flaqué Montserrat

Via Montini n.2
35122 Padua – Italy

Email address: info@monmassague.com

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