Art. 1 Service description
1.1 BESTE s.p.a., with registered office in Cantagallo (PO) via P.Levi n. 6, VAT No. 01629440973, register number with the Chamber of Commerce of Prato PO447749, makes available to the public a distance selling service of a clothing line called “MONOBI”, via the website www.monobi.it .
1.3 The customer undertakes to arrange for the printing and / or storage of these conditions, which he has already seen and accepted as a necessary step for entering the site and purchasing products, as well as for the printing of the specifications of the products being purchased.
Art. 2 Registration and security of communications
2.1 To operate and purchase via the website the customer can perform the service registration procedure, through which he will receive an e-mail at the address indicated by him, select the “account” name of his choice and a “password” assigned by BESTE s.p.a. for future visits to the site. The customer who chooses to register will have a personal profile with the history of his purchases, information about the status of such purchases, special offers and other marketing notices. During the site registration stage, the customer must indicate his personal details, address and country of residence, e-mail address, fiscal code and VAT number, payment details and any other information necessary to operate through the website.
2.2 The customer may also purchase the goods offered on the site without registering. In this case he must provide his personal data, payment data and any other information required when ordering the products.
2.3 The e-mail address provided by the customer will be the one used by BESTE s.p.a. for all notices regarding the conclusion and execution of the contract. The customer accepts the validity of such communications with the purpose of regulating the contractual relationship; he is also obligated to frequently check the validity of the report at the above address.
All transactions made via e-mail, the account and password used by the client will be automatically attributed to him for the operations conducted and the requests performed, without exception.
2.4 The customer is the sole and exclusive responsible for the use and security of the e-mail address, account and password, including in relation to the activities carried out through their usage. The customer is aware that, in order to regulate the access to the service, his authentication is only granted after the verification of such data.
The client, therefore, undertakes:
a) to immediately notify BESTE s.p.a. about any unauthorized use of his email address and password and any other breach of security of which he becomes aware;
b) if he registers on the site, to exit his account at the end of each use session.
The client registered on the site can request the issue of a new password if he has any doubts about the privacy of the password already in use.
2.5 The customer is responsible for any injury or damage that may arise, at the expense of BESTE s.p.a. or third parties, as a result of incorrect use, loss, theft and / or compromise of the confidentiality of the used e-mail account and password. BESTE s.p.a. cannot in any way be held liable for any damages arising from any breach of this article.
2.6 The use of the site by underage users is forbidden.
Art. 3 How to order and purchase
3.1 The display of products and services on the virtual shop window of the site constitutes a non-binding offer to the public. Orders may be placed through the website www.monobi.itaccessible 7 days a week, 24 hours a day.
3.2 To order and buy one or more products, the customer must fill out the order page, filling all the spaces required (number of items, size, colour etc. ….). If the customer wishes to order more products shown on the website, he can select them one at a time, adding them to the cart, and once the purchases are completed, he will have to close the cart through the appropriate virtual key. The order page will automatically calculate the estimate for the required products.
At this stage, the customer who is not registered on the site will need to enter his personal data, payment details and any other information necessary for the purchase of products.
3.3 Next, a summary page of the selected products, the quote and delivery options and prices will appear. The client, before confirming the order, has the ability to correct the errors of inclusion and modify the entered data.
To submit an order, the customer must select the virtual button “Order “. The order will be considered as a contractual proposal for BESTE s.p.a.
3.4 After receiving the order, the customer will be sent an e-mail of receipt, which does not constitute acceptance thereof. By sending a receipt e-mail it only confirms the receipt of the order, before verifying the data and the availability of the required products. The contract will be concluded only when an order acceptance e-mail will be sent. This e-mail will contain a summary of the general and special conditions applicable to the contract, the information relating to the essential characteristics of the products and the indication of the price, means of payment, the right of withdrawal, the costs of delivery, the special levies applicable, the identification data of the order, and how to view its status. Any product or service included in a certain order, which has not been confirmed by e-mail of acceptance, is not part of the contract.
3.5 The order will be executed only after the payment of the amount due for the goods and the timely execution of the contract and delivery of the goods shall refer to the date of payment.
The customer may cancel his order only before payment of the amount due, using the procedure described on the website and in the e-mail of acceptance. In this case there will be no extra charges.
BESTE s.p.a. reserves the right, at its sole discretion and for any reason, not to accept the received orders.
Art. 4 Payment methods
4.1 The product prices are in Euros and include VAT. This does not include shipping costs unless otherwise provided.
4.2 The payment methods are generally the most common credit cards or through the Paypal system.
BESTE s.p.a. reserves the right to accept other payment methods upon agreement with the customer.
BESTE s.p.a. reserves the right at any time not to accept the payment method specified by the customer. In this case alternative means of payment shall be indicated. The customer is responsible for the validity and use of the data provided.
BESTE s.p.a. undertakes to keep strictly confidential the payment information provided by the customer.
4.3 In case of payment by credit card, the institution that issued the credit card has the right re-credit the consumer for the payments such as these which exceed the agreed price or otherwise for fraudulent use of his own credit card by the supplier or a third party.
Art 5 Information presented on the site
The information on the availability and characteristics of the products listed on the site, their price and time delivery may not be accurate. The estimated timing of sending and delivery of products are purely indicative and not binding. In fact, due to the unavailability of the products, the complexity of the requested service, the carrier delays or due to other unforeseen events, it is possible that the delivery time communicated cannot be promptly complied with.
After reviewing the order, BESTE s.p.a. shall confirm to the customer, via an order acceptance e-mail, the actual availability of the requested product or service, the price, the estimated delivery times and any other information required by Article 3 herein.
Art 6 Delivery method and time of goods
6.1 The delivery will be made by courier to the address indicated by the client during the site registering stage or product order stage.
Shipments are made promptly and the delivery takes place within 7 working days.
Deliveries will be made only in the working days from Monday to Friday.
In some destitute places the courier charges extra and does not guarantee delivery within schedule. The shipping department, before shipping the materials, contacts the customer if the location falls in this category.
6.2 The delivery times quoted on this website are purely indicative and may be modified at any time. The couriers will attempt 2 deliveries after which the package will be returned to the warehouse and all associated costs will be borne by the customer.
6.3 BESTE s.p.a. is not responsible for transportation services that are provided by third parties. So it is not liable for any direct or indirect damages caused by the delay in the delivery of an order, or by the loss of it for reasons attributable to the courier.
Any dispute concerning loss or damage must be made in writing to the carrier at the time of delivery.
Art 7 Guarantee of conformity
7.1 It is the responsibility of the customer to verify in a timely manner the conformity of the goods received in regard to the placed order. If the products ordered are received by the customer damaged, flawed, defective or do not comply with the order, for reasons attributable to BESTE s.p.a. or its suppliers, the customer must promptly contact Customer Service writing a mail from the “Contact us” page and selecting “Claims” as subject within 14 (fourteen) days from delivery of the goods. After the necessary tests for the detection of defects, the customer must return the material, using the original packaging and pre-printed label, to BESTE s.p.a., which will replace the product or refund the amount paid, exempting the customer of any further expenses. Other compensation claims or termination of the contract are excluded.
7.2 All the goods sold by BESTE s.p.a. are under warranty for two years after delivery, for any faults that may occur, as required by the CE law on the subject.
Art 8 Right of withdrawal and replacement of goods
8.1 The client qualified as a consumer may return the goods delivered within 14 (fourteen) days from the date of delivery, provided that they are intact and in perfect condition.
The intention to exercise the right of withdrawal must be timely communicated to BESTE s.p.a,connecting to the link www.monobi.it / customer service and filling out the return form based on the identification code of the shipment. To return the products, the customer will have to reuse the original packaging of the products and the pre-printed label already included in the package.The goods are considered returned when they are delivered to the post office or the courier, delivery which shall be made within 14 (fourteen) days from the date when the withdrawal intention has been communicated to BESTE s.p.a.
8.2 Regarding the refund of the amount paid for the products purchased, the amount will be charged directly to the credit card or Paypal account used by the customer. The refund will be made within 14 (fourteen) days from the date in which BESTE s.p.a. has received the goods.
The shipping costs for the return of the goods won’t be charged on the customer.
8.3 In accordance with the CE laws on the subject, the right of withdrawal is not provided for customized products and the products manufactured according to specific sizes or standards required by the customer.
8.4 The same procedure as for the withdrawal, with the same time limits (within 14 days from the date of delivery of the goods), may be used by the client if he is not satisfied with the purchased goods or wants to change the clothing items. In this case, once the goods are returned and the amount paid is credited back, the client can proceed with a new purchase. BESTE s.p.a. does not guarantee the replacement of the goods with other similar products or of different size or color.
Art. 9 Amendment of the General Terms
Art. 10 Warranties and Liability
10.1 The site www.monobi.itis put at the disposal of the customers as it is and when it is available.
BESTE s.p.a. makes no guarantee, expressed or implied about the operation of this web site and / or its content, materials, information, or products included on the site. In addition, access to the Site may be occasionally suspended or temporarily restricted to allow the performance of the necessary maintenance, repair or upgrade with new services and products. BESTE s.p.a. will try to limit the frequency and duration of such suspensions and/or limitations.
BESTE s.p.a. does not guarantee that this site, its own servers, or the sent e-mails are free of viruses or other potentially hazardous components for the client’s PC. By visiting the site, the customer agrees to use it at his own risk.
10.2 BESTE s.pa. reserves the right to cancel any orders considered not to be reliable and trustworthy, as well as the right to request, upon its own judgment, the change in the method of payment chosen by the customer, the latter not being entitled to any claim in regard to it.
10.3 BESTE S.pa. cannot be held responsible for any delay due to lack of stock and will not be liable in the event of any discrepancy between the ordered items and images, texts and photos of these articles published on the site.
10.4 BESTE s.pa. shall not be liable for any delay or failure to fulfil any obligations under these General Terms, if the delay or failure arises from unforeseeable circumstances or force majeure for reasons not attributable to it.
10.5 BESTE s.pa. shall not be liable for any damages, loss, loss of earnings, expenses (direct and indirect) or any other damage which is not dependent upon a right and serious breach of the contract with the customer.
Art. 11 Property Rights
BESTE s.p.a. has the sole ownership of the trademark “MONOBI” and is entitled to all the rights of economic exploitation of the mark, the content and graphics published on the website www.monobi.it
Therefore the use, in whole or in part, by any means, present and future, in any form and method of the brand “MONOBI”, data and content published on the aforementioned site, is forbidden without the prior written consent of BESTE s.p.a..
Art. 12 Use of the Site
BESTE s.p.a. gives limited access and personal use of the site www.monobi.itand the download or modification of it is not allowed, even partially, without its express written consent.
The license does not include the use of the content of the site for commercial purposes, and in particular it is not possible to use the product catalogues, descriptions and price lists. The publication of the site content is intended only for the purchase of the products in the catalogue.
All the content on the site such as, but not limited to, text, images, buttons, logos, are owned by or licensed to BESTE s.p.a. and are protected by the applicable national and international copyright laws.
All the orders carried out on this website are solely intended for private customers.
BESTE s.p.a. shall process the personal data of customers by respecting their privacy.
The registration of the customer’s personal information, which is necessary for the purchase of the products sold, will take place only at the time of registration on the website or at the time of the purchase of the product. In any event, it will be preceded by an appropriate notice and, where necessary, by obtaining the express consent. The client registered on the site can directly edit its data after being identified through the e-mail and password, consenting again to the processing of data. You may also contact at all times BESTE s.p.a. for more information or to request deletion of your data.
Art. 14 Jurisdiction
Except as expressly provided for by the CE law on the subject, any dispute relating to the implementation and compliance with these General Terms, shall be settled by the Court of PRATO.