Terms and Conditions

These Terms govern

• the use of this Website,
• the sale of the Products and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Website is provided by:

Monidori S.R.L.
Via Domenico Scarlatti 26
20124 Milano
Telefono: +3902.87237979

Owner contact email: milano@monicacastiglioni.com

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
• Usage of this Website and the Service is age restricted: to access and use this Website and its Service the User must be an adult under applicable law.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users must be recognized as adult by applicable law;

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for Products on the Website.

Paid Products

Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps[LM1] :

• Users must choose the desired Product and verify their purchase selection.
• Users must choose, if possible, the material, the size and the quantity of the desired Product.
• After having reviewed the information displayed in the purchase selection, Users may add to cart the desired Products and apply, if any, the Coupon code;
• Users shall insert their address to view shipping options and calculate the final price of the desired Products;
• At the end of this process, Users shall add the billing details and proceed to payment. With the payment Users place the order by submitting it.

Order submission

Before proceeding to the payment, You will be asked to confirm that You have read these Terms with particular reference to the unfair terms pursuant to Articles 1341 and 1342 of the Italian Civil Code[LM2] . To accept these Terms, please check the “I have read and agree to the website terms and conditions” box in the appropriate section before placing an order. If You do not accept these Terms, it will be impossible to place orders for Products via Website.

It is your responsibility to verify the accuracy of your order before placing it, but You will be asked to confirm your data before placing the order.

The purchase contract is concluded with the submission of an order and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

The Owner, after receiving your order and verifying the exactness of the data, will send you an “Order Confirmation” to the e-mail address You have indicated through the Website. This Order Confirmation will summarize the Products selected, the relevant prices (including all costs that will be charged, i.e. relating to products, accessories, any transport costs and applicable taxes), the delivery address, the delivery date, the order number, the Terms and Conditions of Sale set out therein[LM3] , the right of withdrawal and any special terms and conditions applicable to the individual order and determined following specific requests by the User.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes. By accepting these Terms and Conditions of Sale, You also release the Owner from any liability arising from any failure or problems with the e-mail address provided by You.

Coupon[LM4] 

The Coupon is an alphanumeric code occasionally provided by the Owner, online or through a physical flyer, that gives access to an immediate discount regime. To avail the discount regime, the User shall insert the code in the dedicated section of the profile of method of payment in the Website. Each Coupon shall have an expiry date and may be availed only once.

The discount regime applied by the Owner will be subject to the following terms and/or conditions:

a) the Owner reserves the right to cancel and/or modify in any moment the discount regime of any Coupon. The discount regime so modified shall be applicable exclusively to the Coupons not yet activated by the User;

b) save as if otherwise indicated, a Coupon cannot be accumulated with other Coupons;

c) an alphanumeric code can be utilized only once by a single User;

d) the Coupons cannot be utilized passed their expiry date;

e) to avail of the discount, a minimum charging spending may be required;

f) the Coupons may be utilized exclusively in the Website;

g) save as if otherwise indicated, the Coupons are personal and cannot be transferred or used by another User.

Some Coupons may be subject to special terms and/or conditions of use. If so, full details regarding the use of the specific discount will be set forth in the disclosure of the Coupons used and shall be available online.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

• including all applicable fees, taxes and costs.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property. In any event, if You are an EU Consumer, the risk of loss of or damage to the Products, for reasons not attributable to the Owner, passes to You only at the time of the delivery of the Products. The only case in which this rule does not apply is when the carrier has been chosen by the User and not proposed by the Owner: in this case, the transfer of risk already takes place at the time of delivery of the Products to the carrier by the Owner and, therefore, if the Products are damaged or perish in transit the loss will be completely absorbed by the User except, of course, for the right of recourse against the carrier.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

Goods are delivered to the countries or territories specified in the relevant section of this Website.

Delivery times are specified on this Website or during the purchasing process. If You are an EU Consumer, in the absence of an indication of the delivery period, the Products will be delivered no later than thirty days from the date of conclusion of the purchase contract.

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

If the Owner fails to fulfil the obligation to deliver the Products within the agreed deadline, the User invites the Owner to make the delivery within an additional period appropriate to the circumstances. If the additional period thus granted expires without the Products having been delivered to You, You may withdraw from the purchase contract and the Owner will refund the price and any other sums already paid by You.Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

• Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Legal guarantee of conformity for goods

You are required to examine the Products upon delivery to check for any defects or damage, which should be reported to the Owner.

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics or the lack of the subjective and objective requirements of Article 129 of the Consumer Code for at least two years after they’ve been delivered to the purchaser. An action to enforce defects not maliciously concealed by the Owner shall be time-barred within twenty-six months after delivery of the Product.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Website in accordance with the laws of the country of their habitual residence.

In the event of a defect of conformity duly reported within the above terms, You shall be entitled:

• Primarily, to repair or replacement of the Product, free of charge, at your choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in this specific case, considering the type of sale, to replacement, where this is possible in relation to the number of copies still available for sale;
  • On a secondary basis (or in the case of a serious lack of conformity), the User may request, at his or her option, a proportional reduction in the price or termination of the contract in the cases indicated in Article 135-bis of the Consumer Code.

A minor lack of conformity does not give the right to terminate the contract.

In order to benefit from the guarantee, you must first provide to the Owner proof of the date of purchase and delivery of the Products. You should therefore keep the purchase invoice or any other document that can certify the date of the purchase (for example, your credit card statement) and the date of delivery for this proof.

All Products on sale on the Website are accompanied by a guarantee certificate attesting to the authenticity of the Product purchased, a technical sheet stating all the fundamental characteristics and materials used to make the Product and the label indicating the quantity of nickel allowed by law.

Therefore, any failures or malfunctions or other defects caused by accidental events or by your own liability or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product, if any, or in the instructions for use relating to the same, as well as the incorrect size of rings, bracelets and similar, are excluded from the scope of application of the guarantee. Discoloration of the plating or color of the jewelry (especially if due to the use of perfumes or detergents) as a consequence of wear and/or ageing of the jewelry is strictly excluded from the guarantee.[LM5] 

National laws of such country may grant such Users broader rights.

Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

For matters not covered by this clause, Articles 128 to 135-septies of the Consumer Code shall apply.

Liability and indemnification

Except in cases of willful misconduct or gross negligence, the Owner shall not be liable for direct or indirect damage of any kind that the User or third party may in any way suffer as a result of the Service and/or the sale of Products, and in any case the Owner’s liability is limited exclusively to the price of the Product purchased. The Owner shall not be liable for failure to, or delay in, performing its obligations under these Terms resulting from causes beyond its control, including, but not limited to: natural disasters, acts of authority, war, fire, flood, explosion or insurrection, interruption of computer or telecommunications services, failure of third parties (including failure to provide data) and strikes.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. If You are an EU Consumer, at a minimum of 30 (thirty) days’ notice before the entry into force of the changes, You will receive a direct communication at the email address provided by You. The proposed change will be deemed approved and effective if the Owner does not receive, by the effective date of the change indicated in the communication, notice of withdrawal from You, according to the rules of withdrawal set out in these Terms.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Authoritative version of these Terms

These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

Governing law

These Terms are governed by the Italian law , without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the court of Milan, Italy, with the exclusion of other concurrent or alternative courts.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland. Consequently, if the User qualifies as a Consumer, any disputes shall be settled by the court of the Consumer’s place of domicile or residence according to the applicable law.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licenses under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

Pursuant to Article 141-sexies paragraph 3 of the Consumer Code, we inform Users who fall under the definition of consumers under the Consumer Code that, in the event that a User has filed a complaint against the Owner and the dispute has not been resolved, the User may refer to the conciliation platform of “RisolviOnline”, an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan. For more information on the regulations of “RisolviOnline” or to submit a request for conciliation, the User may visit www.risolvionline.com.

Users, who reside in a Member State of the European Union other than Italy, may also initiate, for any dispute relating to the application, execution and interpretation of these Terms, the European procedure provided for small claims by Council Regulation (EC) No 861/2007 of 11 July 2007.

Users are reserved the right to bring an action before the ordinary court of competent jurisdiction for any dispute arising from these Terms, regardless of the outcome of any out-of-court settlement procedure, and, if the conditions are met, to opt for an out-of-court settlement of disputes, if necessary, in accordance with the procedures set forth in Part V, Title II-bis of the Consumer Code, headed “Out-of-Court Settlement of Disputes.”

Germany: Dispute resolution procedure with Consumer conciliation boards

The Owner does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.

France: Mediation

Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before

• any mediation body approved by the French Government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.

Acceptance of unfair clauses

If You are a Business User, You expressly declare to accept the contents of: Acceptable use; Product description; Order submission; Coupon; Failed delivery; Legal guarantee of conformity for goods; Liability and indemnification; Service interruption; Changes to these Terms; Assignment of contract; Governing law; Venue of jurisdiction; Dispute resolution.[LM6] 

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Example withdrawal form

Addressed to:

Monidori S.R.L. Via Domenico Scarlatti 26 20124 Milano Telefono: +3902.87237979
milano@monicacastiglioni.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of consumer(s):_____________________________________________
• Address of consumer(s):_____________________________________________
• Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users, included the sale of Products.

Product

A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by this Website as described in these Terms and on this Website, included the sale of Products.

Terms

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Website.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

 [LM1]Ai sensi di legge, occorre descrivere il processo di acquisto del prodotto da parte dell’utente. La descrizione che ho fatto rinviene dalla UX da me provata sul sito, ma è modificabile e integrabile.

 [LM2]Come indicato anche in calce al presente documento, i presenti T&C sono destinati anche a utenti non consumatori, rispetto ai quali occorre ottenere la doppia e specifica sottoscrizione delle clausole vessatorie. Sebbene vi sia contrasto in giurisprudenza, anche per le clausole vessatorie può essere ragionevolmente sufficiente il “point and click”, purché (i) sia richiamata l’attenzione dell’utente sulla doppia sottoscrizione (ad esempio con colori che evidenzino le clausole suddette, particolare posizionamento dell’avviso sulla schermata che appare all’utente al momento della doppia sottoscrizione, collegamento ipertestuale alla clausole, ecc.) e (ii) Monidori conservi la prova dell’avvenuta doppia sottoscrizione.

 [LM3]I T&C possono essere forniti (i) tramite link, purché l’utente possa accedere durevolmente al link, o (ii) tramite file allegato che l’utente deve poter scaricare, oppure (iii) tramite un riepilogo dei presenti T&C contenuto direttamente nel testo dell’email di Order Confirmation.

 [LM4]Dalla UX del sito, ho notato che è possibile aggiungere un coupon. Di conseguenza, ho inserito una regolamentazione “standard”, ma è da valutare direttamente con il cliente per eventuali modifiche o integrazioni.

 [LM5]Questa parte non è strettamente necessaria ai sensi di legge, ma è di regola prevista in questi tipi di contratti a tutela del venditore. Può essere pertanto modificata e integrata con il cliente.

 [LM6]Queste clausole devono essere approvate specificamente dall’utente non consumatore. Occorre pertanto accertarsi che l’utente accetti non solo il testo integrale delle condizioni generali, ma anche le specifiche clausole qui richiamate.