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MON-K DATA PROTECTION SRL’S SALES TERMS AND CONDITIONS

The website www.mon-k.com (“Site”) hosts a technologic platform (“Platform”) developed and managed by Mon-K Data Protection Srl (“Mon-K”), having its legal seat at Via Foro Buonaparte 68, 20121 Milan, registered in the Business Register of Milan with VAT number 09625500963 (telephone +39 02 87169415, email info@mon-k.com).
On the Site, users can purchase products and/or services supplied by Mon-K.
Herewith in, you will find Mon-K’s general sales conditions, which is the general sales conditions applied to products and/or services specifically indicated on the Site as “sales and shipping by Mon-K”.

1. SCOPE OF APPLICATION AND CONCLUSION OF CONTRACTS

1.1 The following General Sales Conditions guide the offer and sales through the Site of products and/or services (“Products”) specifically indicated on the Site as “sales and shipping” by Mon-K.

1.2 The sale of Products via the Site constitutes a binding contract regulated by Chapter I of Title III (Art. 45 and ss.) of the Legislative Decree of September 6, 2005, n. 206 (“Consumer Code”) and of  Legislative Decree of April 9, 2003, n. 70, containing the regulation of electronic commerce.

1.3 The following General Sales Conditions apply to all sales of Products made by Mon-K on the Site (“Sales Conditions” or “GSC”) and do not apply to the sale of products and/or services on the Site made by Third Party Vendors.  These conditions can be modified at any time.  Any eventual modifications will be in force from the moment of their publication on the Site in the “Sales Conditions” section available in the footer of every page on the Site.  Therefore, users should access the Site regularly and consult the latest version of the Sales Conditions and especially before purchasing a product or service.

1.4 The applicable General Sales Conditions are those in force on the date of the transmission of the purchase order of a Product.

1.5 Before purchasing a Product on the Site, users should carefully read the General Sales Conditions in force, which Mon-K has made available in the “General Sales Conditions” section of the Site and of which users are allowed to downloadand reproduce, which is true for all the other information Mon-K supplies on the Site.

1.6 The following General Sales Conditions do not regulate the sale of products offered by parties other than Mon-K which might be available on the Site through links, banners or other hypertext.  Before making a transaction with other parties, it is necessary to verify their sales conditions.  Mon-K is not responsible for the supply of services and/or sale of products by third parties.  Mon-K has no control of websites linked to the Site, neither/nor do they monitor said websites.  Therefore, Mon-K has no responsibility for the content of said websites for any errors and/or emissions and/or illegal activity of said websites.

2. PURCHASES ON THE SITE

2.1 The purchase of Products on the Site may only be made after registering on the Site following the procedure in Art. 3 below and is allowed to both users that are consumers and users that are not.  For individuals, purchases are allowed only upon the condition that they are older than 18 years old.

2.2 Pursuant to Art 3, I comma, letter a) in the Consumer Code, it should be remembered that a consumer is who acts for purposes unrelated to any business, commercial, craft or professional activity.

2.3 In the case of orders, where ever they come from, that are anomalies compared to the quantity of products purchased, that is the frequency of purchases made, Mon-K reserves the right to take all the acts necessary to make the irregularity cease, including the suspension of access to the Site, cancellation of the registration to the Site which means not accepting purchase orders or cancelling irregular orders.

2.4 Mon-K also reserves the right to refuse or rescind orders that come from (i) users with whom legal disagreements are underway; (ii) users that have previously violated this GSC and/or the conditions and/or terms of a purchase contract with Mon-K; (iii) users that are involved in any type of fraud and, in particular, credit card fraud; (iv) users that have made false, incomplete or in any way inexact identification statements whom have not sent a document to Mon-K in a timely manner stating that their data is invalid pursuant to Art. 9.12 and 9.13 below.

3. SITE REGISTRATION

3.1 Registering to the Site is free.  To register to the Site, users must fill out the Site module inserting their first name, last name, e-mail address and a password then click “Continue”. In case users register during a purchase process, they are also required to insert their delivery address, telephone number and fiscal code number (Social Security Number, National Insurance Number, Identifikationsnummer etc.)

3.2 Registering to the Site allows users to perform the following activities in a reserved and personal area:

  • track shipments and the status of their orders;
  • consult previous orders;
  • access after-sales assistance and services;
  • manage their personal data and modify them at any time;
  • use dedicated services that Mon-K makes available from time to time.

3.3 Users’ registration credentials (e-mail address and password) must be used exclusively by the user and cannot be ceded to others. Users must keep this information secret and make sure no one else has access and must immediately inform Mon-K using the number in Art. 14 below, in case of suspected or actual improper use of said registration credentials.  Each user is allowed to register to the Site once.  It is prohibited for users to register to the Site more than once.  If Mon-K discovers that a user has registered to the Site more than once, Mon-K reserves the right to proceed immediately and without warning to block the relevant Mon-K account.

3.4 Users guarantee that the personal information supplied during the registration to the Site process are complete and correct and users will not hold Mon-K liable for any damages, reimbursement and/or sanctions deriving from and/or in any way connected to the violation of the registration to the Site rules or saving registration credentials by users.

4. INFORMATION ABOUT THE CONCLUSION OF CONTRACTS

4.1 In conformance with Legislative Decree of April 9, 2003, n. 70 which regulates electronic commerce,  Mon-K informs users that:

  1. to conclude a purchase contract of one or more Products on the Site, users must fill out the electronic order form and send it to Mon-K telemetrically following the instructions shown throughout the Site;
  2. the contract is concluded when the order form reaches Mon-K’s server;
  3. before sending the order form, users can identify and correct any errors in the data following the instructions show on the Site in the various phases of purchase.
  4. users’ registration credentials (e-mail address and password) must be used exclusively by the user and cannot be ceded to others. Users must keep this information secret and make sure no one else has access and must immediately inform Mon-K using the number in Art. 14 below, in case of suspected or actual improper use of said registration credentials.  Each user is allowed to register to the Site once.  It is prohibited for users to register to the Site more than once.  If Mon-K discovers that a user has registered to the Site more than once, Mon-K reserves the right to proceed immediately and without warning to block the relevant Mon-K account.
  5. order forms will be filed in Mon-K’s database for the time necessary for the execution of the order and, therefore, within the terms of the law.Users can access their order forms and/or the data related to their personal account.

4.2 Languages available to users to conclude a contract are Italian and English.  Customer Service is able to communicate in the same languages.

5. PRODUCT AVAILABILITY

5.1 Products displayed by Mon-K on their Site are articles shown in the electronic catalogue published on the Site and seen by users at the time of placing an order as well as the Products shown in the electronic catalogue published on the Mon-K Site at the moment an order is placed and specifically shown as “sold and shipped by Mon-K”.

5.2 Each Product is accompanied with an information page that shows its principle characteristics (“Product Page”).  On the Product Page, there is a section containing information about the availability of the Product.  In case the Product is not in stock, users can ask to be notified as soon as the Product is available by activating the “Notify me when available” function with the corresponding button on the Product Page, on the Cart and on the page containing the list of Products.  Users who have sent a notification request will be notified via e-mail when the Product is available.  The availability notification request in no way obliges users to purchase a Product and should not be construed as reserving a Product nor an order itself.

5.3 The availability of Products is monitored and updated.  Nevertheless, since the Site can be visited by a large number of users at once, more than one user could purchase the same Product at the same time.  In that case, Products could become unavailable for a short period of time until they can be re-stocked.

5.4 Whenever Products are no longer available for the reasons indicated above or other cases of unavailability of Products, except for the rights afforded by the law and, in particular, by Chapter XIV of Title II of the IV Book of the Italian Civil Code, Mon-K will immediately notify users by e-mail.  Users will, therefore, be justified in immediately rescinding the contract, except for the right to retribution of damages pursuant to and in the effects of what is stipulated by Art 61, IV and V comma of the Consumer Code.  The rescission of a purchase contract pursuant to this paragraph includes the rescission of any related credit contracts as well as any accessory contracts.

In alternative and notwithstanding the right of rescission, users must accept one of the following solutions proposed by Mon-K:

(i) whenever it is possible to restock Products, an extension of the delivery date with indications of the new delivery date of the restocked Products.

(ii) whenever it is not possible to restock Products, different Products of the same or superior value will be supplied, subject to payment of the additional cost, and subject to the users expressed acceptance.

The users’ choice must be e-mailed to Mon-K, in a timely manner, to the address in Art. 14 below.

5.5 In the event that users resort to the right of rescission in Art. 61, IV and V comma of the Consumer Code or in the event that users do not make any choice pursuant to Art. 5.4 above, the payment of the total amount due, including the price of Products, shipping costs if applicable and any other expenses, related to the order (“Total Amount Due”) already paid, Mon-K, without reserve to users’ rights to compensation of damages, will refund the Total Amount Due without undue delay and in any case within 14 working days* from the rescissionof the contract, or, respectively from the day following the day the order was sent.  The amount to be refunded will be communicate to users via e-mail.  In the case of credit card or PayPal payment, the Total Amount Due will be credited to the account users used to make payment. Any delays of crediting users’ accounts could depend on the banking institution, the type of credit card or the payment solution used.

5.6 In the case of orders having multiple Products (“Multiple Product Order”), whenever only one Product of the Multiple Product Order is unavailable – except for the rights given by the law, and, in particular, Chapter XIV of Title II of Book IV of the Italian Civil Code and except for the application of Art. 5.4 and 5.5 above, whenever the unavailability regards all the Products in the order – Mon-K will immediately notify users by e-mail.  Users will be, therefore, justified in rescinding the contract, partially by Product and/or Products that are unavailable except for the right to reimbursement of damages, pursuant to and in effect of Art. 61, IV and V comma of the Consumer Code. The rescission of the purchase contract pursuant to this paragraph includes the rescissionof any credit contracts possibly connected to the resolution of any eventual accessory contracts but relevant to the Product that have become unavailable.

In alternative and notwithstanding the right of resolution, users must accept one of the following proposals by Mon-K:

(i) whenever restocking of Products in a Multiple Product Order that are unavailable is possible, an extension of the delivery terms relevant to those Products, indicating the new terms of delivery of said Products;

(ii) whenever it is not possible to restock a Product and/or Products in a Multiple Product Order that are unavailable, different Products of the same or superior value will be supplied, subject to payment of the additional cost, and subject to the expressed acceptance of users.

The users’ choice must be e-mailed to Mon-K, in a timely manner, to the address in Art. 14 below.

5.7 In the event that users resort to the right of rescission in Art. 61, IV and V comma, of the Consumer  Code, the purchase contract relative to a Product and/or Products unavailable will be partially rescinded, limited to those Products, with the return of what has been paid of the Partial Amount Due related to said Products, including shipping costs, calculated as indicated in Art. 10.3 below and any other additional expenses due related specifically to those Products (“Partial Amount Due”); rescinding the entire Multiple Product Order is possible only if it is evident and proven that the accessories of Products in the Multiple Product Order are unavailable compared to the other Products in the available Multiple Product Order.  The Partial Amount Due relative to the Product/s that have become unavailable, will be refunded to users without undue delay and in any case within 14 working days* of contracts being rescinded.  In the event that users do not make any choice pursuant to Art. 5.6 above, Mon-K, without reserve to the users’ rights to compensation of damages, will refund the Partial Amount Due without any undue delay and in any case within 14 working days* from the resolution of the contract, or, respectively from the day following the day the order was sent.  The amount to be reimbursed will be communicate to users via e-mail. In the case of credit card or PayPal payment, the Partial Amount Due will be credited to the account users used to make payment.  Any delays of crediting users’ accounts could depend on the banking institution, the type of credit card or the payment solution used.

6. PRODUCT INFORMATION

6.1 Each Product has a Product Page.  The images and descriptions on the Site show the characteristics of the Products as faithfully as possible.  The colors of Products, however, could be different from the real ones due to the digitalization of the image or the computer used by users to view the page.  The Products’ images on the Site, moreover, could differ in size or in relation to any accessory Products.  Therefore, these images must be considered as proximities.

7. PRICES

7.1 All Product prices published on the Site are in Euro and without VAT. Shipping costs, which can vary depending on the method of shipping chosen and/or the method of payment used, will be specifically shown, in Euro including VAT, during the purchasing procedure before users are bound contractually in order summaries and in order confirmation e-mails.

7.2 Mon-K reserves the right to modify prices of Products at any moment and several times during the same day.  It is understood that Product Prices to be charged to users is what is shown in order summaries, shown to users before placing orders and will not be modified even if Product Prices increases or decreases during the day after sending the order.

7.3 In the case Products are offered at a discount price on the Site, users will be shown:

(i) the full reference price which the discount will be applied, and

(ii) what the full reference price corresponds to.

It is understood that discounted Products will be offered only in the case where the full reference price of the Product corresponds to the real market price.

8. PURCHASE ORDERS

8.1 Purchase contracts are bound to the payment of the Total Amount Due.  In the event that payment is not made, the contract is to be considered null and void. Subsequent to annulment of the contract, the order will be cancelled, users will be notified (i) immediately after the order was sent, via the Site, in the case payment is through a credit card (ii) via e-mail in the event that users choose one of the other payment methods made available by Mon-K including PayPal.

8.2 Ownership of Products will be transferred to users at the moment of consignment of Products ordered, that is when Products are given to the courier (“Shipping”).  Risk of loss of or damage to Products, for causes not attributed to Mon-K, are transferred to users when users or the users’ designated party and different from the courier, takes possession of said Products.

8.3 To be able to send Product orders through the Site, it is necessary to carefully read and examine the GSC in this document.

9. PAYMENT METHODS

9.01 Payment of Products purchased on the Site can be made with the payment methods described in the following paragraphs. Some payment methods could not be used due to the type of Products being purchased and/or the shipping or delivery method used.  In the event that the following payment methods cannot be used for one specific Product or order, it will be shown on the Site at the latest at the beginning of the purchase process.  Payment methods not available cannot be not selected by users during the payment phase of the purchase process (“Choose payment and continue”).

9.1 PAYPAL

9.1.1 Payment of Products purchased on the Site can be made with credit cards through PayPal or directly with a PayPal account.

9.1.2 In order to guarantee the security of payments made on the Site and prevent fraud, Mon-K reserves the right to ask users, via e-mail, to e-mail a copy of the front and back of valid identification and in the event that users who placed an order is the same and in the event that users who placed an order is different the identification must be of that person. Identification documents must be valid. In the e-mail request, the terms of which the document must reach Mon-K are described.  These terms will not, in any case, be more than five (5) working days from the reception of the request by users.  Orders will be suspended until the identification document is received.  Users are bound to send their identification within the terms indicated.

9.1.3 In the event Mon-K does not receive said document within the specified terms in the request e-mail or Mon-K receives expired or invalid identification, the contract will be rescinded pursuant to and in the effects of Art. 1456 c.c., and the subsequent order cancelled, except for the right of Mon-K to damages of any type which might be incurred due to users’ noncompliance.   Rescission of the contract, of which users will be notified, via e-mail, within and not more than five (5) working days from the expiration of the terms to send the requested document by Mon-K, will result in the cancellation of the order and subsequent refund of the Total Amount Due, through crediting the payment method users used.  In the case the Mon-K receives a valid identification document within the terms, the applicable delivery terms of the order come into force on the date the document was received.

9.1.4 Mon-K uses PayPal, a secure payment method which uses SSL security protocol, for Product Payment.  Credit card holders’ personal data, credit card number, expiration date and security code, are encrypted and transmitted to the payment manager.  Mon-K never has access and does not memorize credit card holders’ data for payment of Products, not even in the event that users proceed to Save Credit Card, except in the event that, limited to data related to the card holder, pursuant to Art. 9.1.2 and 9.1.3 below.

10. SHIPPING METHODS, EXPENSES AND TERMS

10.1 Product shipment is made throughout Italy.  Shipping obligations is understood to be fulfilled at the transfer of material or control of Products to users.

10.2 At the moment of consignment, a confirmation e-mail will be sent to notify users of consignment to the courier and will contain a tracking number which users can use to verify the status of their shipments; therefore, users can follow their Product shipments in the “Order Status and Tracking” in their account.

10.3 Shipping must be paid by users, except when agreed upon. Shipping costs due by users based on specific orders is expressly and separately shown in Euro with VAT included during the purchase process, in order summaries and, in any case, before users proceed to send orders.  In case partial Multiple Product Order rescission, the amount of shipping cost refund will be equivalent to the shipping costs that users would pay for the Product or Products partially rescinded as shown on the Product Page, relative to the specific shipping method chosen by users. In no case will the shipping cost amount to be refund surpass the amount users had already paid for shipping.

10.4 In order summaries, therefore, before users proceed to send orders, the total amount due for the order will be shown with separate amounts for shipping and any other eventual additional expenses. This total, which will also be included in a confirmation e-mail sent to users, constitutes the total amount due from users related to Products ordered.  For every sale made on the Site, Mon-K issues an invoice and e-mails it to the purchaser.  Invoices will be issued according to the information supplied by users, which users guarantee to be correct, at the moment they place their order on the Site. Invoices cannot be modified after they have been issued.  Users commit to not hold Mon-K liable for any harm or damage which could arise, including any sanctions, in the event in which the data supplied by users through the Site in order to issue invoices are not correct.

10.5 Delivery of Products purchased on the Site could take place where ever users choose, the delivery address specified by users on the order form (“Home Delivery”).

10.6 HOME DELIVERY

10.6.1 In the event that users choose Home Delivery, Products purchased on the Site will be shipped and deliver to the address indicated by users in the order form.  The relative costs and terms for Home Delivery are shown during the purchase procedure, before users proceed to sending their order.

10.6.2 Home Delivery is made from Monday to Friday during office hours, 9:00 a.m. to 6:00 p.m., national holidays excluded.

10.6.3 Users take note that Product pick up is mandatory. In case Home Delivery method chosen by users does not provide an agreed upon delivery time, in case of missed delivery because users are absent, the courier will leave a missed delivery notice. The notice will contain the courier’s contact information in order to agree upon another delivery time or where to pick up the parcel.  After missing a delivery, parcels will be stored at the courier’s warehouse.  Users must pick up parcels within three (3) calendar days starting from the second day following the day the missed delivery notice was left. In the event users do not pick up their parcels within these terms, the purchase contract could be considered rescinded pursuant to and in effects of Art. 1456 c.c. Mon-K will proceed, therefore, fifteen (15) working days after rescission of the contract to refund the Total Amount Due, if already paid by the user, detracting the cost of Home Delivery, which was unsuccessful, storage costs, return shipping expenses and any other expenses incurred caused by the missed delivery due to users’ absence. Notification of contract rescission and the refund amount will be e-mailed to users.  In the event that payment was made with credit card or PayPal, the refund amount will be credited to the account users used to make payment.  Any delays of crediting users’ accounts could depend on the banking institution, the type of credit card or the payment solution used.

10.6.4 Users must note any particularity related to the place of delivery of Products and/or its location, inserting a note in the purchase order in the designated space made available at the end of the purchase procedure and before sending the order.  In the event that this information is not given or incorrect information is given, the user will be charged with any additional expenses that Mon-K might incur in order to deliver Products.

10.7 COMMON REGULATIONS FOR ALL TYPES OF SHIPPING

10.7.1 Users are responsible for inspecting Products conditions which have been delivered to them.   Notwithstanding, the risk of loss or damage of Products, for causes not attributable to Mon-K is transferred to users, when users, or a designated party and other than the courier, comes into possession of the Products, it is recommended that users count the number of Products received and that the packaging is complete and is not damaged, nor wet nor has not been tampered with or altered in any way, also the sealing material (adhesive tape or metal strapping) and, to protect their own interest, should note any anomaly on the courier’s shipping document and accept the parcel with reservations.  Reception without reservations of Product, in fact, does not allow users to take action against the courier, in case of loss or damage of Products, except in the event that loss or damage has been caused by gross negligent by the courier except when partial loss or damage are not recognizable at the moment of delivery, provided that in the last case, the damage was reported as soon as it was found and not more than eight (8) days after receiving the parcel. In case there are evident signs of mishandling or alteration of the packaging, users are recommended to promptly inform Customer Service of the damage.

10.7.2 Purchases cannot be made on the Site by those who have not picked up parcels more than twice for different orders.  In the event that those making orders in violation of his regulation, the purchase contract could be rescinded as stipulated in Art. 1456 c.c.  Notice the recension of the contract will be e-mailed to the customer.

11. RIGHT TO RESCIND PURCHASES OF PRODUCTS

11.1 Except for what is stipulated in Art 11-bis.1 below, pursuant to Article 52 and following of the Consumer Code users that act as consumers have the right to rescind purchase contracts of Products, without having to give any motive and without having to sustain additional costs other than those stipulated in Art. 11.5 and 11.9 below, within fourteen (14) calendar days (“Rescission Period”).  The Rescission Period expires after fourteen (14) days*:

  1. a) in case relative orders of a single Product, for the day in which users or parties designated by users, take possession of Products;
  2. b) in case of a Multiple Product Order with separate shipping, from the day in which users or parties designated by users, other than the courier, take possession of the last Products;
  3. c) in case an order related to delivery of a Product includes lots or multiple parcels, from the day in which users or parties designated by users, other than the courier, take possession of the last lot or parcel.

11.2 To exercise the right of rescission, users must inform Mon-K of the expiration of the Rescission Period and their decision to rescind a contract

11.3 In order to exercise the right of rescission, users can present an explicit declaration to rescind a contract (“Declaration of Rescission”).

11.3-bis Declarations of Rescission must be sent to the following address:

Mon-K Data Protection S.r.l.
Viale Ercole Marelli 165
20099 Sesto San Giovanni (MI).

11.3-quater In all cases of exercising the right to rescind, and regardless of the method used, Mon-K will e-mail a confirmation of receiving rescission request (“Rescission Confirmation E-mail”)

11.4 Users have exercised the right to rescind within the Rescission Period if the notification related to the exercising of the right to rescind is sent by consumers before the expiration of the Rescission Period.  In case users use the Declaration of Rescission, they must indicate in it the order number the Product(s) for which they intend on exercising the right of rescission and their address.  Users are advised, seeing that the burden of proof related to exercising the right to rescind before the Rescission Period lies on the user, it is in users’ interest to use provable method of delivery, such as registered mail or Certified E-mail, when informing Mon-K of their rescission.

11.5 If users wish to exercise their right to rescind, they must return the Products to Mon-K using their own courier and at their expense, without undue delay and in any case within fourteen (14) days (“Rescission Terms”).  Products to be returned must be protected and packed and sent to the following address.

Mon-K Data Protection S.r.l.
Viale Ercole Marelli 165
20099 Sesto San Giovanni (MI).

Users are responsible for any costs related to returning Products.

11.6 If users rescind the contract, Mon-K will refund the Total Amount Due paid by users for Products, including shipping costs offered by Mon-K without undue delay and in any case not more than fourteen (14) calendar days* from the day in which Mon-K was informed of users’ decision to rescind the contract.  Refunds will be credited to the same payment method users used for the purchase in case of payment with credit card or PayPal.  Any delays of crediting users’ accounts could depend on the banking institution, the type of credit card or the payment solution used.  In case of partial rescission of Multiple Product Orders, the refund about of shipping costs to users due to exercising the right to rescind will be made as stipulated in Art 10.3 above.  In any case, users must sustain any additional costs as a consequence of this refund.

In the event that users have returned Products using a courier at their own expense and choice, following the procedure in Art. 11.5 above, Mon-K will suspend the refund until the Products have been received or until users demonstrate to have consigned the Products to a courier, if before.

11.7 Users are singularly responsible for any decrease in value of goods coming from handling of Products other than those necessary to establish the nature, characteristics and the working status of Products.  Products must, nevertheless, be protected, handled and inspected with due diligence and returned whole, complete with all their parts, perfectly functioning, including all their accessories and documentation, with identification cards, labels and seal, wherever present, still attached to Products and whole and not tampered with, as well as perfectly suitable to be used for the designated task and without any signs of use or dirt. Rescission, moreover, is applied to Products in their entirety. It cannot, therefore, be exercised in relation to parts and/or accessories of Products.  In the event that a serial code is on a Product’s wrapper, electronic Products for example, the wrapper constitutes part of the Product and, consequentially, the Product must be returned in the original wrapper, which must be covered by other wrapping, because no other label or tape can be placed outside it. On the Product Pages, users can see the original packaging that is considered to be part of Products in order to exercise the right to rescind.

11.8 In the event that rescission is not exercised in conformity to what is stipulated by applicable norms, it does not entail the rescission of the contract and, consequentially, does not give the right to any refund.  Mon-K will e-mail users, within five (5) working days of the receiving Products, denying the request to rescind.  Products will remain available for pick up at Mon-K, charges for which will be on users.

11.9 In the event that Products for which the right to rescind has been exercised have been subject to a decrease in value resulting from the handling of goods other than what is necessary to establish the nature, characteristics, and the working status of Products, the refund amount will be deducted from the refund amount.  Of the circumstances and of the consequent decrease in the refund amount, Mon-K will e-mail users a notice, within five (5) working days from receiving Products, supplying, providing the same, in case the refund has already been paid, bank account details for the payment of the amount due by users for the decrease in the value of Products.

11.10 In the event of, in reference to the law, e.g.: supply of audiovisual Products or sealed software, opened by consumers, the right to rescind is not applicable, and to this end, specifically and expressly communicated on Product Pages and, in any case, during the purchase procedure, before users proceed to send orders.

12. GUARANTEE OF LEGAL CONFORMITY

12.1 All Products sold on the Site are covered by a guarantee of legal conformity pursuant Art. 128-135 of the Consumer Code (“Legal Guarantee”).

12.2 To whom it applies

The Legal Guarantee is reserved for consumers, it, therefore, applies only to users whom have made purchases on the Site for purposes unrelated to any business, commercial, craftsmen or professional activity. For those who have made a purchase on the Site and who are not consumers, the guarantee for defective goods purchased, the guarantee for defective promise of and essential the quality of goods purchased and other guarantees stipulated in the Civil Code with the relative terms, lapses and limitations.

12.3 When it applies

Vendors and, therefore, regarding the purchase of Products by Mon-K, are responsible to consumers for any conformity defect existing at the moment of delivery and that might arise within two (2) years of said delivery.  Conformity defects must be reported to vendors, under penalty of forfeiture of the guarantee, within two (2) months of the date of discovery of said defect.

Except for contrary proof, it is presumed that conformity defects that arise within six (6) months of delivery of the products existed at the time of delivery, unless this hypothesis is incompatible with the nature of the product or the nature of the conformity defect. Starting from the seventh month after delivery of the product, consumers will have to prove that the conformity defect existed at the moment of the product’s delivery.

12.4 To benefit from the Legal Guarantee, users must, therefore, supply, firstly, proof of the date of purchase and delivery of the goods.  It is worthwhile, therefore, that users, for the purpose of such proof, save the order confirmation or invoice as well as the DDT or any other document that could attest to the date purchase was made and the delivery date, for example a credit card or bank statement.

12.5 What conformity defects are

Conformity defects is defined as when purchased goods:

– are not adequate for the uses which are habitually necessary for goods of the same type;

– do not conform to the description given by vendors and have the qualities of goods that vendors have presented to consumers as a sample or model;

– do not have the quality and performance habitual of goods of the same type that consumers could not reasonably expect, taking into account also of the declarations made in publicity or labels.

– are not adequate for particular uses wanted by consumers and that vendors presented at the moment of the conclusion of the contract and which vendors have accepted.

12.6 Excluded from the application of the Legal Guarantee are eventual faults or malfunctions determined by accidental acts or the responsibly of users or by improper use of products and/or use of products which is not foreseen in the technical documentation supplied with the goods.

12.7 Remedies available to users

In case of conformity defects duly reported within the terms, users have the right:

– firstly, to repair or replace the goods, at their choice, unless the remedy requested is objectively impossible or excessively costly compare to the other.

– secondly, in case repairs or replacement are impossible or excessively costly or repairs or replacement previously made have caused notable problems to the consumer, to reduce the price or the rescission of the contract, at their choice.

The remedy requested is excessively costly if it imposes unreasonable expenses on vendors compared to alternative remedies that can be experimented taking into account (i) the value that the goods would have had if not for the conformity defect; (ii) the entity of the conformity defect; (iii) the eventuality that the alternative remedy could be enacted without notable problems for consumers.

12.8 What consumers should do in case of a conformity defects

In the event that conformity defects arise in Products while the Legal Guarantee is valid, users must contact Customer Service using the contact data given in Art. 14 below.  Mon-K will reply to the report of presumed conformity defect and will specify, in a timely manner, the specific procedure to follow, also taking count of the product category in which the Product belongs and/or the reported defect.

Depending on the product category, Customer Service will inform users if:

(i) Products can be sent to Mon-K and then be forwarded to the appropriate service center or

(ii) on site assistance is possible.

It remains that Mon-K is responsible for the application of the Legal Guarantee relevant to Products.  Mon-K is not responsible for the application of the Legal Guarantee relevant to Products sold by Third Party Vendors.

12.9 In the case referred to in Art. 12.8 (i) above, Mon-K picks up Products and sends them to a competent service center.  In the case referred to in Art. 12.8 (ii) above, Mon-K will agree upon a date to access on site assistance with users.

In any case, the competent service center will verify ad ascertain the existence or not of the conformity defect reported. In case the defect exists, which ever solution users have choose, between the remedies available, repairs, the service center will proceed to repair the defect.

However, if users have chosen replacement and it is not excessively costly, Mon-K will replace Products.  Whenever the service center finds conformity defects, the eventual expenses of repairs/replacement and shipping to the service center is at Mon-K’s expense.  Whenever the service center does not find the conformity defect reported, it will not be possible to apply the Legal Guarantee, and, therefore, the shipping costs and any eventual repairs or replacement will be at users’ expense. Mon-K will inform users of the circumstances and eventual costs for repairs or replacement.  Mon-K reserves the right to send users quotations issued by the service center in order that users could decide to make repairs or not or replace Products.  Users must authorize repairs or replacement in writing.  Following acceptance, users will have direct contact with the service center and Mon-K will be neither involve nor responsible anymore.

12.10 In all cases, repairs or replacement of defective Products, if necessary, will be made is as short a time as possible and, however, except for exceptional cases or causes beyond ones control, within sixty (60) calendar days from the day in which Mon-K receives defective Products. In the event that replacement or repairs initially chosen are not made within these terms, users could request an alternative remedies stipulated in the Legal Guarantee: repairs in case replacement was chosen, reduction of the price or rescind the contract.

12.11 Mon-K reserves the right to ask users to attach the request to apply the Legal Guarantee of Conformity to the invoice related to the order.

13. MANUFACTURER’S CONVENTIONAL WARRANTY

13.1 Products sold on the Site can, depending on their nature, be covered by a conventional warrantee issued by their manufacture (“Conventional Warranty”). Users can use this warrantee only with the product’s manufacturer.  The duration, extension, area, conditions and methods of use, types of damage/defects covered and eventual limitations to the Conventional Warrantee depend on the individual manufacturer and are stipulated in the warrantee certificate contained in the products packaging.

The Conventional Warrantee is voluntary by nature and, does not replace, limit nor take precedence over nor exclude the Legal Guarantee.

14. CUSTOMER SERVICE AND CLAIMS

14.1 It is possible to ask for information, send communications or forward claims by contacting Mon-K’s Customer Service (“Customer Service”) with the following methods:

E-mailsupport@mon-k.com;
At our supportportal: http://mon-k.zendesk.com

14.2 Mon-K will reply to all claims via e-mail no more than two (2) days after receiving them.