GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
General Provisions
These conditions are valid exclusively between the company Le Monde s.r.l.s. head office in Naples, Italy c.so Vittorio Emanuele 137, 80121, hereinafter referred to as “LE MONDE” and any person who makes online purchases on the website www.mendittorosa.com, hereinafter referred to as “CUSTOMER”. These conditions may be subject to change and the date of their publication on the site shall be equivalent to the effective date.
These conditions govern purchases made on the website www.mendittorosa.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.
ARTICLE 1 – Subject of the contract
With these general conditions of sale, LE MONDE sells and the CUSTOMER purchases at a distance, the tangible movable goods indicated and offered for sale on the site www.mendittorosa.it. The contract is concluded exclusively via the Internet, by means of the CUSTOMER accessing the address www.mendittorosa.it and placing a purchase order according to the procedure set out on the site itself.
The CUSTOMER undertakes to read, before confirming his or her order, these general terms and conditions of sale, in particular the pre-contractual information provided by LE MONDE, and to accept them by placing a flag in the box indicated.
In the e-mail confirming the order, the CUSTOMER will also receive the link to download and file a copy of these general terms and conditions of sale, as envisaged in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – Article 49 of Legislative Decree 206/2005
Prior to the conclusion of the purchase contract, the CUSTOMER is informed of the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER’S choice.
Prior to validation of the order with “obligation to pay”, the CUSTOMER is provided with information about:
– the total price of the goods including tax, with details of shipping costs and any other costs;
– the method of payment;
– the period within which LE MONDE undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (art. 7 of these terms and conditions) as well as the type of withdrawal form in Annex I, part B of Legislative Decree 21/2014;
– the fact that that the CUSTOMER will have to bear the cost of returning the goods in the event of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods;
– conditions of after-sales service and commercial guarantees provided by LE MONDE.
The CUSTOMER may at any time and in any case before the conclusion of the contract, become aware of the information related to LE MONDE, the geographical address, telephone and fax number, e-mail address. Such information is also reported below:
Le Monde s.r.l.s.
Registered office: C.so Vittorio Emanuele, 137 – 80121 Naples (ITALY)
VAT NO.: 13553271001
Website: www.mendittorosa.com
Certified Legal Mail: lemondesrls@legalmail.it
Email: info@mendittorosa.com
Whatsapp: +39 347 6009653
Telephone: +39 081 18804663
Download withdrawal form
Pre-contractual information
ARTICLE 3 – Conclusion and effectiveness of the contract
The contract of sale is considered concluded with the delivery by LE MONDE to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, as well as the link to be able to print and file a copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above-mentioned email and to promptly notify LE MONDE of any corrections/changes to be made.
LE MONDE undertakes to describe and present the articles sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product depicted on the site and the real product. Furthermore, the photographs of the products presented on www.mendittorosa.com do not constitute a contractual element, as they are to be considered as representative only.
LE MONDE undertakes to deliver the goods within 30 days starting from the order confirmation e-mail sent to the CUSTOMER.
ARTICLE 4 – Availability of products
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative as
– products could be sold to other CUSTOMERS before the order is confirmed, due to the simultaneous presence of several users on the site,
– an IT anomaly could occur such that a product appears as available for purchase but is not in fact available.
Even after the order confirmation e-mail sent by LE MONDE, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically amended with the elimination of the product or products that are unavailable and the CUSTOMER will be immediately informed by e-mail; with this e-mail, the customer will also be informed of the modalities and timing of the reimbursement of any sums paid.
ARTICLE 5 – Methods of payment
Any payment by the CUSTOMER may only be made by the credit cards indicated on the www.mendittorosa.com website, by bank transfer or via Paypal.
In the event of payment by credit card, the effective charge of the amount of the order shall only occur when the order is complete and ready for shipment.
In the case of payment by Paypal, the effective charge will take place when LE MONDE sends the order confirmation e-mail.
The communications related to the payment and the data communicated by the CUSTOMER at the moment the payment is made take place on special protected lines. The security of payment by Credit Card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 – Prices
All sales prices of the products shown on the www.mendittorosa.com website are in euros and include VAT.
Shipping costs are not included in the purchase price but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts that LE MONDE has the right to modify its prices at any time. However, the goods will be invoiced on the basis of the prices indicated on the site when the order is created and indicated in the confirmation e-mail sent by LE MONDE to the CUSTOMER.
In the event of a computer, manual, technical, error or of any other issue that may result in a substantial change, not foreseen by LE MONDE, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order will be considered null and void and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to LE MONDE by means of an explicit declaration, which can be sent by registered letter with return receipt, using the withdrawal form that can be downloaded by clicking on the appropriate link in the pre-contractual information.
In case of exercise of the right of withdrawal, the CUSTOMER shall return the goods within 14 days from the day on which he/she communicated to LE MONDE his/her will to withdraw from the contract in accordance with article 57 of the Legislative Decree 206/2005.
The goods must be returned to LE MONDE s.r.l.s.,
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached fiscal documentation. Without prejudice to the right to verify compliance with the above, LE MONDE will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
With regard to the return of the product subject to withdrawal, LE MONDE guarantees its customers the possibility of using a carrier that has an agreement with the company. In the event that the customer decides to use this service, the shipping costs (except those inherent to the telephone reservation) will be borne by LE MONDE (art. 56, co.1, d.lgs. 206/2005). In the event, however, that the customer intends to use another carrier or another means of shipping, all shipping costs will be borne by them (art 56 co. 2 of Legislative Decree 206/2005).
As provided for in Article 56, paragraph 3, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, LE MONDE may suspend the refund until receipt of the goods, or until the CUSTOMER proves that they have sent the goods back to LE MONDE.
LE MONDE will process the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise their right of withdrawal, they will have to provide LE MONDE, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for LE MONDE to carry out the refund.
It is understood that in case of defective product, shipping costs will always be borne by LE MONDE.
ARTICLE 8 – Liability
LE MONDE accepts no responsibility for inefficiencies attributable to force majeure or fortuitous events, including those caused by malfunctions and failures of the Internet network, in the event that it is unable to process an order within the time period specified in the contract.
ARTICLE 9 – Access to the site
The CUSTOMER is entitled to access the site for the purpose of consulting and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of LE MONDE and are protected by copyright law.
ARTICLE 10 – Cookies
The www.mendittorosa.com website uses “cookies”. Cookies are electronic files that record information related to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and they allow LE MONDE to provide its customers with personalised service.
LE MONDE informs the CUSTOMER of the possibility of deactivating the creation of such files, by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
For further information click here
ARTICLE 11 – Wholeness of the agreement
These General Terms and Conditions of Sale are made up of all the clauses comprising them. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 12 – Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, the CUSTOMER may optionally resort to the mediation procedures set forth in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these terms and conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr.
