1.1 These general terms and conditions of sale (hereafter also the “Conditions”) shall apply to the purchase of “Mentemano s.a.s. di Gisonda Nicola & C.” brand products (hereafter the “Products” or individually the “Product”) via the e-commerce website (hereafter the “Site”). The Site, which is the property of Mentemano s.a.s di Gisonda Nicola & C., is registered in Via Mecenate 76/5 20138 Milan – N. REA MI 2085528 ( hereafter the “Owner”) is managed by Mentemano s.a.s. di Gisonda Nicola & C.
1.2 Mentemano s.a.s. di Gisonda Nicola & C. sells the Products on the Site www.mentemano.it on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be Mentemano s.a.s. di Gisonda Nicola & C. as Seller (hereafter the “Seller “) and the party purchasing one or more Products (hereinafter, the “Client” or “Buyer” and, jointly with the Seller, the “Parties”). The Client could be a “Consumer”, as defined under article 3, comma 1° lett. a) of Italian Legislative Decree no. 206/2005 (Consumer Code), or “any physical person acting for purposes other than business, trade, craft or professional activity”, and the “Professional” as defined in article 3, comma 1 ° lett. C) of the Consumer Code, or “natural or legal persons acting in the course of their business, trade, craft or professional activity”. In view of the foregoing, the provisions of these Conditions expressly referring to the “Consumers” will apply only to the Client qualifying as “Consumers” pursuant to art. 3, comma 1 ° lett. a) of the Consumer Code. Professionals are invited to qualify as such when purchasing one or more Products on the Site by providing their VAT ID.
1.3 The Owner is not a party of these Conditions, but holds all rights to the Site’s domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4 Any communication by the Client in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. – shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address email@example.com
1.5 All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Client.
1.6 On submitting the order, the Client agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.7 Clients must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Client declares compliance with such requirements.
Product features and availability in the various geographical areas
2.1 The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2 The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3 Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Client is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
Product purchase procedure – Conclusion of each single purchase contract
3.1 The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Client to make a contractual offer to purchase and is not an offer to the public.
3.2 The purchase order submitted by the Client to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Client undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Clients will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights. Clients will also be asked to check and correct any errors in their personal data.
3.3 The Client’s purchase order is accepted by the Seller by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Client has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Client’s order, the Seller’s order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Client may request a copy of the same by sending an e-mail to the Seller at firstname.lastname@example.org
3.4 Any contract for the purchase of the Products shall be deemed concluded when the Client receives the order confirmation from the Seller by e-mail
Product selection and purchasing procedure
4.1 The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, finish and shipping methods among those available, to perform the purchase of the Products included in the shopping cart, the Customer have to enter the billing details. Furthermore, the Customer will be invited to register on the Website providing the requested data or to complete the login if already registered. At this stage the Customer can specify the shipping data if different from the billing data. Once the payment method has been selected and the Terms and Conditions are accepted, the Customer can confirm the order that will be definitively sent to the Seller through the “Buy” button. If the Customer decides to pay by credit card or PayPal, he will be required to communicate the relevant data through a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Customer. Following payment, the Customer will receive an email confirming the order from the Seller. In the event that the customer chooses as payment method the bank transfer, at the end of the purchase will receive by the Seller an order confirmation email with the corresponding bank details to proceed with the payment.
4.2 In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Client should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Client is kindly requested not to proceed with the purchase order and report the technical error to the Seller’s Customer Care service by e-mail to the following address email@example.com
4.3 The Client can check the status of his order at any time in the appropriate section of his profile.
Delivery and acceptance of goods
5.1 Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 45 (forty-five) days from the day after the Client places the order. If the order cannot be processed by the Seller, as the Product ordered by the Client is not available, even temporarily, for delivery, the Seller shall notify the Client in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Client has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.3 The Products ordered by the Client shall be delivered according to the method chosen from those available and listed on the Site when the order was placed.
The Client undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Client reaches its destination visibly damaged, the Client is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with reservations”.
5.4 Delivery times may be delayed:
- in the case of national holidays
- events independent of the will of the actors involved in the distribution chain, such as natural disasters, road blocks for strikes, demonstrations, traffic accidents, visits to public figures, etc. Carriers do not make deliveries on public holidays and days before public holidays and on national holidaysFor orders made by credit card, at normal shipping times, a business day must be added for normal administrative checks. For orders made by bank transfer, shipping times will be calculated starting from the confirmation of payment.
Prices, shipping costs, customs duties and taxes
6.1 The price of the Products on sale is that indicated on the Site at the time the order is placed by the Client. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Client is confirmed, and which the Client agrees to pay to the Seller in addition to the price shown on the Site.
6.2 The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Client.
6.3 If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Client hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Client is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4 All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Client.
6.5 The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1 Payment can be made by credit card, via PayPal or by bank transfer under the conditions described below. The Seller may only at its discretion allow additional payment methods, indicating them in the payments section of the Website. 7.2 Payment of the price of the Products purchased through the Site will be immediate if the Customer selects the payment method of the pay pall / credit card. In the event that the Client chooses the method of payment by bank transfer, copy of the payment of the price of the purchased products must be sent at firstname.lastname@example.org within the essential deadline of 5 (five) days from the date of transmission of the confirmation order from the Seller to the Client. The Client expressly accepts that the execution of the contract by the Seller will start at the time of crediting the price of the Product purchased on the Seller’s current account.
7.3 Orders may be paid for by bank transfer to the Seller, where the Client shall use the “Swift” and IBAN codes indicated on the order confirmation, together with the order number.
7.4 The invoice/tax records relating to the purchase will be sent to the Client, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Client during the purchase.
Seller’s legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1 The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereinafter “Consumer Protection Code“), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
8.2 The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, sending to the Customer Service an email to email@example.com, clearly indicating the defect and/or non-conformity detected, the relative information indicated (1 (one ore more) photograph/s of the Product, the order confirmation sent by the Seller and/or the receipt).
8.3 On receiving the e-mail and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Client via e-mail to the address provided by the Client when registering with the site or placing the order. The authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Client, together with a copy of the returned product authorisation e-mail within 30 (thirty) days from the notification of the defect or non-compliance, to the address indicated by the Seller.
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address firstname.lastname@example.org the bank details for the bank transfer in his favour, and allow the Seller to transfer the refund.
Defective Products Liability
9.1 With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
Right of withdrawal
10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, and without prejudice to the provisions of paragraphs 2bis.4 and 2bis.5 above, the Client shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from the day on which the Product is delivered or if several Products on one order are delivered separately, from the date the last Product was received.
10.2 To exercise the right of withdrawal, the Consumer can send an explicit declaration to the e-mail address email@example.com of his decision to withdraw indicating the order number in question. In the body of the email the Consumer at his discretion can indicate the reason for the withdrawal. 10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing, in the case in which he has already received the product ordered, instructions for returning the product and the address where send it. 10.4 The Client is obliged to return the product to the address indicated by the Seller to confirm the exercise of withdrawal without undue delay and, in any case, within 14 days from the day on which he notified the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof of this, will be charged to the Client.
10.5 If the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. The refund is suspended until the receipt of the Products.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
Intellectual Property Rights
11.1 The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Mentemano s.a.s di Gisonda Nicola & C. and/or its assignees, with no rights arising on the part of the Client in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2 Unless prior specific consent is granted in writing by Mentemano s.a.s di Gisonda Nicola & C., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
Protection of Client Personal Data
12.1 In order to proceed with the registration process, place an order and conclude this contract under these Conditions of sale, the Client is required to provide certain personal details. The Client hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Mentemano s.a.s di Gisonda Nicola & C. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended – the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Client via the Site during the registration phase.
12.2 The Client hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Client may at any time update and / or modify their personal data provided to the Seller through the appropriate section “My Account” of the site accessible upon authentication or in the event that the customer has not made the registration by sending an email to address firstname.lastname@example.org
13.1 While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Client on the Site, even after the Client has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
Applicable law and jurisdiction
14.1 This contract is governed by Italian law. The exclusive jurisdiction and forum for any legal action brought by the Client pursuant to this warranty or any additional legal guarantees will be the Court of Milan. In case of victory Mentemano s.a.s. of Gisonda Nicola & C. in an eventual legal action, the plaintiff will have to reimburse Mentemano s.a.s of Gisonda Nicola & C. the expenses, including the fees of the lawyers and the court fees, incurred by Mentemano s.a.s. by Gisonda Nicola & C. for their defense.