The terms and expressions listed hereunder shall have the meaning given below, it being understood that the terms defined in the singular is considered defined even in the plural and vice versa.
Customer means any person (natural or legal) purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
Montegallo: means Montegallo Alice Catena with registered office in Osimo, Via Romero 18 / b enrolled in the Chamber of Commerce of Ancona, VAT registration number 02658830423, fiscal code CTNLCA77C51G157S and Economic and Administrative Index registration number 205963, for the retail sale of products through the On-Line Shop.
Montegallo Lab: means the workshop where every Montegallo is made.
Party: means both Montegallo and customers.
General Conditions: means these general conditions of sale and any future new versions that will be published in the On-Line Shop by Montegallo
On-Line Shop: means a virtual shop, managed by Montegallo and accessible via www.montegallo.eu through which you can buy the products.
Sale and Purchase Agreement: means the sale and purchase agreements of the Products entered into, as defined in Art. 3, including Montegallo and customers through the On-Line Shop.
Orders: means purchase orders of products sent by customers, as defined in the General Conditions and following the procedures in Art. 6.
Order Confirmation: means the e-mail address through which Montegallo communicates to customers their acceptance of the Orders.
Price: means the sale price of the Products as specified in the On-Line Shop of each product.
Products: means the products published in the On-Line Shop for their sale.
Account: means the area of the On-Line Shop where Customers are allowed to (following authentication):
1. monitor and update personal data and addresses where the ordered Products are to be shipped and delivered;
2. view previous Orders;
3. access any other specific function related to their activities in the On-Line Shop.
2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an integral part.
2.2 Montegallo reserves the right to modify, at any time, the General Conditions, provided that the Sale and Purchase Agreements published in the On-Line Shop will be considered applicable at the time the Orders are placed by the Customers.
3. CONCLUSION OF SALES CONTRACT
3.1 Montegallo agrees to send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers.
3.2 Sale and Purchase Agreements are deemed entered into between the parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term stated, as defined in Clause 3.1, the relevant Order shall be deemed as rejected by Montegallo and, therefore, of no effect.
3.3 By placing the Orders, customers claim to have read all the instructions on how to purchase the products, Art. 6, and that the customer has accepted in full, the General Conditions, and to have read all the information contained in the On-Line Shop.
3.4 The Orders will be recorded in the database of the On-Line Shop, in the manner and subject to the provisions of the Decree. 30.06.2003 num. 196 ("Notice") and will be accessible by contacting Montegallo’s references in Art. 16, or by accessing the Account.
4. PRODUCT AVAILABILITY
4.1 Subject to the provisions of art. 4.6, in reference to each Product published in the On-Line Shop, Montegallo indicates whether:
1. Montegallo is available at the Lab;
2. Montegallo is not available at the Lab;
3. is available "on demand";
4. is "customizable".
4.2 The range of products published in the On-Line Shop and their availability may vary at any time without any responsibility being implied towards clients from Montegallo.
4.3 The indication of the availability of products is non-binding, provided that the products listed as "not available", as defined in Art. 4.1, cannot be ordered by customers. In case of unavailability of a Product stated as available at the time of the Customer’s order, Montegallo notwithstanding the provisions of Art. 3.2, undertakes to inform such Customer, in a subsequent communication by E-mail, the estimated time in which the product, ordered by the Customer, is expected to be available again. The customer can withdraw the Order within 48 hours of receipt of such notice sent by Montegallo (subject to the right of withdrawal as defined in Art. 9) by sending an E-mail to the specified address, Article. 16. In this case Montegallo shall reimburse the Price in the shortest time possible.
4.4 Should a Product bear the indication available "on demand" it means that the product, at the moment, is not available at Montegallo’s Lab, but that it shall be produced immediately after the customer has ordered it.
4.5 If a Product bears the indication "customizable", this means that such Product may be modified / adapted / customized as defined in specific customer requirements. In that case, the Customers must specify their requests in the correct area at the time the Orders are placed. After sending the Order Confirmation, Montegallo shall communicate to the customers, by e-mail, the deadline for the delivery of any customized product. Montegallo while pledging to do everything in its power to ensure compliance with the terms agreed upon, it must also be understood that delivery times are merely indicative and does not imply any obligation to Montegallo;
4.6 Montegallo reserves the right not to indicate the availability of certain products or publish them in the On-Line Shop.
5. PRICE AND SHIPPING COSTS; TAXES AND CUSTOMS DUTIES
5.1 The Price is in € (Euro). The applicable Price is the one published in the On-Line Shop, at the time the Orders are placed by the Customers.
5.2 The price is all-inclusive except as subsequently regulated in Sections 5.3, 5.4 and 5.5.
5.3 The price includes the cost of shipping in Italy. The price does not include shipping costs outside Italy. Montegallo may request that the Customers bear part of the costs out of Italy fixed at 15 Euro, which can be variable, depending on the type of delivery, the quantity of shipped Products, the volume, the weight and the destination.
5.4 The contribution requested by Montegallo for the shipping costs is indicated separately from the price, before the Order placed by the Customers and will be paid by the Customers jointly with the payment of the price in the manner as defined in Article 7.
5.5 Any fees, taxes, duties and other charges imposed by the laws of the State to which the products are shipped and delivered will be entirely paid by the Customers and those paid on delivery of the products will be paid directly to the tax authorities, to the competent customs offices or the courier entrusted with delivery.
6. HOW TO ENTER ORDERS
6.1 In order to proceed in placing the orders, customers are required to register in the On-Line Shop by entering all the "mandatory" data and by selecting a password to send orders and to access, your profile, even at a later time. An order can also be placed without registering.
6.2 The Customers may purchase the Products by selecting them in the section of the On-Line Shop dedicated to the Product category, which has been searched and placing them in the "cart". When the Products the Customers wish to purchase are more than one, the same procedure as above shall be repeated. Upon completion of the selection of products, customers must, if they have not already done so previously, register as defined in Art. 6.1 or, if already registered, you must log in using E-mail and password in the spaces provided. The correctness of the data relating to the product/s chosen and the "information transmitted", the Customers must choose the modality of payment as defined in Art. 7. Once the method of payment is chosen, the Customers may proceed to place the Orders.
7. METHODS OF PAYMENT
7.1 The Customers may pay the Price and the contribution to the costs as defined in
Art. 5, by credit card, PayPal or bank transfer. Montegallo reserves the right to change, at any time, the means of payment used by customers, understanding that those used will be considered as those published in the On-Line Shop at the time the Orders are placed by the Customers.
7.2 In case of payment by credit card, the price is charged to customers and the contribution to the costs as defined in Art. 5 will happen once the credit card has been verified and once Montegallo has received the debit authorization from the company issuing the credit card used by the Customer. Montegallo will then simultaneously send the Order Confirmation. The credit card data sent during the ordering procedure is protected and is transmitted directly to the bank, which handles the payments. The payment is made directly on a secure server with SSL encryption key so as to guarantee the absolute security of the transaction. The data of the credit card is not accessible by Montegallo or third parties, neither at the time it is made nor at a later date.
7.3 In case of payment by bank transfer, the customer must take the details indicated in the On-Line Shop to the bank, stating the reason for the order and order number communicated by Montegallo at the time the Order by the Customers and the Order Confirmation.
7.4 In case of payment by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected to PayPal's secure website. On this Web site, customers can complete the payment of the price and the contribution to the costs as defined in Art. 5 using your PayPal account and in accordance with the conditions of use of the PayPal service subscribed to by customers at that time or earlier. The Price and the contribution to the costs, as defined in Art. 5, once made to PayPal, Montegallo will simultaneously send the Order Confirmation.
7.5 The invoice will be sent by Montegallo, simultaneously with the product in the same packaging. The information on the invoice will be the authentic information supplied by the customers. And it is possible to change the invoice after its issuance by Montegallo.
7.6 Information received by Montegallo as defined in Art. 7 will be used only to complete the procedures for the sale of products and the procedures for reimbursement in the event of exercising the right of withdrawal as defined in Art. 9., by the Customers.
8. SHIPPING AND DELIVERY OF PRODUCTS
8.1 Being understood that "shipping" of Products by Montegallo means the delivery of these to the couriers each time, which are selected as defined under Art. 8.2. Montegallo is not required to ship the Products until it has received payment in full; once the payment is received, Montegallo will ship the Products:
1. in the case of products available (as defined under Art. 4.):
- Within 10 working days from receipt of the debit authorization as defined in Art. 7.2 in case of payment by credit card;
- Within 10 working days from the time the confirmation of the payment is made available to Montegallo, in case of payment by means other than credit card;
2. in the case of which products available become unavailable (as defined in art. 4.3), within 10 working days from the moment that product or those products are available again at the Montegallo Lab, subject to the right of the customer to withdraw the 'Order” as defined under Article. 4.3;
3. in the case of "on demand" (as defined in Art. 4.4.), Within 10-12 days from the time in which they can be obtained at the Montegallo LAB;
4. In the case of "customized" Products, (as defined in Art. 4.5.), Within 10-12 days from the time in which they can be obtained at the Montegallo LAB;
5. in case the availability of one or more Products is not indicated (as defined under Art. 4.6) and the Products are available at the warehouses of Montegallo at the time of the Order by the Customers:
- Within 10 working days from receipt of the debit authorization as defined under Art. 7.2, in case of payment by credit card;
- Within 10 working days from the time the confirmation of the payment was made available to Montegallo in case of payment by means other than credit card;
6. in case the availability of one or more Products is not indicated (as defined under under Art. 4.6) and the Products are not available at the Montegallo Lab at the time the Order by the Customers within 10 working days from the moment the products are available at the Montegallo Lab.
8.2 Montegallo guarantees the shipment of products, in the States referred to in On-Line Shop, via DHL. The Products are shipped by Montegallo, and delivered by DHL, to the address indicated by the Customers at the time of registration as defined in clause 6.1 or at a different address that must be specified at the time the Order.
8.3 Montegallo is committed to do everything in its power to ensure that the Products shipped as defined in Art. 8.1 and 8.2, and shall be delivered by courier:
- In Italy within 24/48 hours from date of shipment;
- Outside Italy within 24/48 hours from date of shipment.
8.4 The terms of delivery as defined under art. 8.3, cannot, in any case, be considered binding and Montegallo being unable to directly monitor the deliveries of the products after shipment cannot be held in any way responsible for the courier’s failure to comply.
8.5 In order to allow customers to follow the progress of Orders, Montegallo generates an Order number, which, once inserted in the "My Orders", is accessible from every page of the On-Line Shop – which allows you to verify all information concerning Orders.
8.6 The Customers may also verify the progress of Orders utilizing the function "Order Tracking" provided by the courier, chosen by Montegallo for delivery. The Customers can make this verification, only after the shipment of Products and by utilizing tracking data communicated from Montegallo by e-mail. In addition, the customer will receive an E-mail from the courier as soon as it has received the package for delivery.
8.7 Customers, or authorized third parties who are customers at the address indicated for the delivery of products in the Order Confirmation, are required to check at the time of delivery, that:
1. the products match the information in the courier’s transport document both quantity and type;
2. the parcel / package of the Products is intact, undamaged, not wet nor in any way altered even in the closing materials.
8.8 Any damage to the parcel / packaging of the Products must be immediately claimed by the Customers by means of a reserve control written with proof by the courier. It is understood that once the slip is signed without any claim, the customer cannot raise any objection to Montegallo with reference to the appearance of what was delivered.
8.9 The Products may be delivered only to the Customers or persons authorized by them; the person to whom the products are delivered must affix a signature to authenticate the delivery. Couriers do not deliver to PO boxes or by inserting the Products in letterboxes or other similar places.
9. RIGHT OF WITHDRAWAL
9.1 The Customers who are "consumers" (i.e.: private persons acting for purposes which are outside his or her trade, business, craft or profession), have the right, pursuant to and for the purposes of Art. 64 of the Legislative Decree. N. 206/2005, to withdraw from the Sale and Purchase Agreements within 14 days of receipt of the Products according to the the Sale and Purchase Agreements. The right of withdrawal must be exercised by customers to Montegallo sending a written notice, by E-mail as defined in art. 16, containing:
1. the intention to exercise the right of withdrawal;
2. the details of the Order which gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In the event of exercise by customers of the right to withdraw as defined under clause. 9:
1. Customers are responsible in returning the products within 10 working days from the date of the notice of withdrawal as defined under Art. 9.1;
2. All costs related to the return of the Products are to be paid by the Customers;
3. Montegallo shall reimburse the Price in the shortest time possible, and within 30 days of receipt of notice of withdrawal as defined under Art. 9.1, provided that:
- The Products have been returned and are intact;
- the parcel / package has also returned together with the original products and it is intact;
- Also any accessories, manuals etc. are returned and are intact;
- The products have not been used;
4. Montegallo would like to communicate to the Customers the methods for reimbursement of the price and may, for this purpose, request that the Customers give Montegallo their relevant banking data (IBAN and/or Swift).
To exercise the right of withdrawal, the customer must contact our Customer Service:
Tel. 335 59 15 851
Hours: 9.00-13.00 / 16.30-20.00
It is up to the customer to send the item (s) to the following address:
Montegallo by Alice Catena
Via Romero 18 / b
Osimo 60027 AN
In case of incomplete or damaged products, without the original packaging or label or showing signs of use, no returns will be accepted.
The customer must pay for the cost of shipping for returns.
10. PRODUCT LIABILITY
Montegallo shall be liable for whatever flaws the product may have.
Montegallo represents and warrants that personal data shall be treated in accordance with the provisions of Legislative Decree no. 196/03, as amended. Details relating to the treatment of data are communicated to the Customers at the time of registration as defined under clause 6.1 and/or 6.2.
12. ERRORS OR INACCURACIES ONLINE SHOP
12.1 Montegallo is committed to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the On-Line Shop could bear, even in the future, errors, inaccuracies or omissions.
12.2 Montegallo therefore reserves the right to correct any errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been sent, and also reserves the right to change or update information at any time without prior notice to the Customers.
13. APPLICABLE LAW
13.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - that Articles. 50 to 67 governing distance contracts - and by Legislative Decree 70 of 09 / 04/2003 regarding E-commerce) and in the light of this should be interpreted.
13.2 Any dispute arising in connection to the General Conditions and / or the Sale and Purchase Agreement will be referred exclusively to the court of Ancona.
For more information and assistance about On-Line Shop or on how to purchase from the On-Line Shop, or on the Sale and Purchase Agreements, the Customers may contact our Technical Support at Montegallo via E-mail: email@example.com, or by post:
Montegallo by Alice Catena
Via Mons. Romero 18 / b
60027 Osimo AN