General Conditions
for online sales
1. Object
1.1. The following General Conditions for Online Sales (hereinafter referred to as “General Conditions”) shall regulate the online purchase of products sold by Mondini Arredamenti SRL (hereinafter referred to as the “Products”) through the www.mondiniarredamenti.it website (hereinafter referred to as the “Website”) by users qualified as consumers (hereinafter referred to as the “Consumers”) in accordance with the following Article 1.2.
The Website belongs to MONDINI ARREDAMENTI SRL S.S. Cisa Loc. Croce del Gallo – 46029 Suzzara (MN), Italy – VAT/tax ID: 01862620208 – tel. 0376/590104 – fax 0376/590493 – e-mail: [email protected] – Business Register MN N. 43372/98 (hereinafter referred to as the “Seller”).
For any necessity, information request, piece of communication concerning the purchase of the Products – including any notifications, claims, requests regarding the purchase and/or the delivery of the Products, the exercising of the right of withdrawal, etc. – it is possible to contact the Seller through the following:
- by e-mail at: [email protected]
- by the customer service e-mail at: [email protected]
- by telephone at: +39 0376/590104
- by postal service to the address: MONDINI ARREDAMENTI SRL S.S. Cisa Loc. Croce del Gallo – 46029 Suzzara (MN), Italy
- by fax at: +39 0376/590493
* The Customer Service is available from Monday to Saturday, except on holidays and on the closing days communicated by the Seller, from 9:00 to 12:30 and from 15:30 to 19.30. The rates vary depending on the service provider.
1.2. For the purposes of these General Conditions, the term Consumer refers to any natural person purchasing Products sold on the Website for purposes unrelated to business or a commercial, artisan or professional activity.
1.3. If the sale of Products is made to a person who does not qualify as Client-Consumer as indicated in the previous point, these General Conditions shall be applicable but, by way of derogation from the same:
a) The withdrawal right referred to in the following Article 9 shall not apply to the buyer;
b) The buyer will not be able to benefit from the warranty on the Products indicated in the following Article 8 or from any other warranty or legal protection regarding the Consumer protection;
c) The sales contract concluded between the Seller and the buyer shall be governed by Italian Law;
d) The decision on any disputes between the Seller and the buyer shall be exclusively governed by the Court of Mantua;
1.4. All the purchases of the Products made by the Client through the Website are regulated by these General Conditions published on the Website at the time of the purchase order (hereinafter referred to as the “Order”).
1.5. On submitting the Order of the Products through the Website, the Client agrees that the confirmation of the Order information and these General Conditions shall be sent by e-mail to the address provided by the same during the Website registration or purchase process.
2. Product features and availability in the various geographical areas
2.1. The Products are sold with the characteristics described on the Website and according to the General Conditions published on the Website at the time the order is placed by the Client.
2.2. The Seller reserves the right to modify these General Conditions at any time, at its discretion but in compliance with the applicable law, without the need to provide any notice to the users of the Website. Any changes made will be effective from publication on the Website and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Website, and/or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed at the date of the change itself. Before sending the Order in accordance with Article 3 below, the Client is invited to check the final sale price (hereinafter referred to as “Price”).
2.4 The Products available on the Website can only be purchased by users who request delivery to one of the Countries listed on the Website. In any case, the Seller reserves the right to refuse Orders concerning the delivery of the Products to areas that are difficult to reach or, at its discretion, for any other logistic reason.
2.5 The technical and functional features of the Products published by Mondini Srl through the Website are the same provided by the manufacturers of the Products, for which the Seller assumes no responsibility regarding their truthfulness and completeness. The additional information such as pictures, videos, and/or non-technical description of the Products available on the Website of the Seller shall be considered as functional for the generic and approximate introduction of the Product. Therefore, the Seller does not assume any responsibility for any divergence from the descriptive elements of the Product that may also depend on the quality and precision of the Client’s computer device.
2.6 The Products sold by Mondini Srl are not provided for a trial period; therefore, the Client is responsible for the choice of the Products ordered and for the correspondence and compliance with their needs on the basis of the technical specifications provided by each manufacturer.
3. Product purchase procedure and sending of the purchase Order
3.1. The presentation of the Products on the Website, which is not binding for the Seller, represents a mere invitation for the Client to make a contractual purchase proposal and not an offer to the public.
3.2. The Order transmitted by the Client to the Seller through the Website has the value of a contractual proposal and is governed by these General Conditions, which are an integral part of the Order itself and that the Consumer is required to accept in full and without reservation at the time of the Order. Before proceeding with the purchase of the Products by sending the Order, the Consumer will be asked to read these General Conditions carefully and the information on the right of withdrawal.
3.3 The Client’s Order is accepted by the Seller when the Seller delivers the Products of the Order to the courier, once it has been ascertained that the purchase Price has been paid in full. The mere received Order confirmation does not represent in any way the approval of the Order and conclusion of the Sales Contract from the Seller side.
In the case of total or partial non-payment of the full amount of the purchase Price before the delivery of the Products to the courier for the shipment, Mondini Srl reserves the right to cancel the purchase Order after the next 48 hours. In accordance with the Order cancelation, any partial payment shall be refunded, minus any bank charges incurred by the Seller.
3.4. The Client’s Order, the Order confirmation and the General 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: [email protected]
3.5. The Seller reserves the right not to accept an Order if it deems it appropriate to do so.
3.6. The Client, starting from the submission of the purchase Order, commits to inform the Seller about the useful data regarding the delivery of the Product. This information shall include but is not limited to: place of delivery in a Limited Traffic Zone, more than 30 meters distance between the stopping place of the truck and the place of delivery, the presence of stairways (spiral staircases included), presence/absence of an elevator for top floor apartments, narrow stairways and/or internal/external passages, or passages where transit may be difficult, etc.
4. Delivery of the Products
4.1. The Website indicates the availability of the Products and the delivery times of the same. However, this information is to be considered purely indicative and not binding for the Seller.
4.2. The Seller undertakes to do everything within its power to comply with the delivery times given on the Website, which start from the day after the Consumer places the Order and the purchase Price is available to the Seller. In the case of non-execution of the Order by the Seller, due to the unavailability, even when temporary, of the Product, the Seller shall provide written communication to the Consumer and refund any sums already paid by the Client for the payment of the Product as per the following Article 4.3.
The Seller is not responsible for any delays for the delivery of the Products to the Client due to unforeseeable circumstances, force majeure or in any case for reasons beyond its control or not depending on it. In these cases, the Seller commits to promptly inform the buyer for the appropriate arrangements.
4.3. The shipment of the Products ordered by the Client shall occur in the manner selected by the Client, among those available and indicated on the Website at the time the Order is submitted. Once the shipping method has been chosen and accepted by the Seller, it will be no longer possible to modify it.
4.4. PLEASE NOTE THAT: The Client undertakes to promptly check the condition of the Products before accepting the delivery. The Client is advised to check that:
1) The number of packages corresponds with the information reported on the transport document;
2) The packaging is complete, not damaged, not wet or differently altered;
3) content corresponds with the Order and the Products have no physical defects;
In the case of ANOMALIES, the Client is invited to refuse to accept the delivery of the Products or accept the delivery “with reserve,” filling out a detailed and date-stamped document. It should be noted that, in the case the transport document signed by the Client does not contain any information about the acceptance “with reserve,” the Client will not be entitled to contest any characteristics of the delivered goods.
4.5. If the Client accepts the delivery “with reserve,” a condition that is to be explicitly indicated on the delivery note, the Client will have to send an e-mail specifying defects and/or anomalies concerning the Product within 3 business days, attaching photographic documentation to the e-mail. Should the above-mentioned e-mail not be sent within the set deadline, the Product is to be considered accepted.
4.6. In case of non-delivery due to the absence of the Client, or to the objective impossibility of the delivery due to unforeseeable circumstances, force majeure not depending on the courier, meaning the necessity to use specially-made equipment not agreed upon beforehand (forklift, goods lift, etc.), the Client will be informed and the following delivery will be chargeable to the Client, and the sum will have to be paid to the courier.
5. Assembly
5.1. The assembly of the Product, if arranged, shall be executed on the occasion of the delivery of the same.
5.2. The assembly only pertains to the parts that make up the Product and, if necessary, the anchoring to external elements/structures (such as walls, floors, ceilings). Therefore, the assembly does not comprehend different operations (on gas, light, water systems, or rather walling procedures).
5.3. The Client declares that, in the case of anchoring to external elements/structures, the same are suitable for the purpose. The Seller denies any responsibility for any damages that may occur in the event of communication failure.
5.4. The dismantling or collection of used goods is not to be expected.
6. Purchase Price and shipping costs
6.1. The price of the Products on sale is that indicated on the Website at the time the Order is submitted by the Client. Prices are inclusive of packaging costs, VAT and any additional administrative costs applicable in Italy, and are exclusive of shipping costs, which will be calculated before the Order confirmation is sent by the Seller to the Client, and which the Client agrees to pay in full to the Seller.
6.2. The Client commits to pay the Price and the shipping costs to the Seller, as reported in the Order and the Order confirmation sent by e-mail from the Seller to the Client, before Products are delivered to the courier. It should be noted that, should the due payment of the Client be incomplete, the Products will not be delivered to the courier as per Article 3.3.
6.3. If the Products are to be delivered to a country outside the European Union, the delivery of the Products may be subject to customs duties, local taxes or any other applicable administrative costs. The Website does not provide any information regarding the application of any such withdrawals or their extent. Customs duties, local taxes or any other applicable administrative costs are exclusively chargeable to the Client, without the possibility to make any claims towards the Seller, even in the case of withdrawal of the purchase Contract. Consequently, the Client is invited to duly check on the applicability of such duties or taxes upon the delivery of the Products.
7. Payments
7.1. Payments can be made by credit card or via PayPal, under the conditions described below. The Seller reserves the right to verify the details submitted by the Client if the payment is made by credit card.
7.2. If the payment is made by credit card, the Client will be transferred to a secure site, and the credit card details will not be managed by the Seller, but by an accredited payment gateway, in full respect with IT security and the Client privacy.
7.3. If the payment is made by bank transfer, the Client shall use the bank routing number reported on the Order confirmation, specifying the number of the Order as the reason for the payment.
7.4. If the payment is made by bank transfer, the payment for Products purchased on the Website, as well as the shipping costs, shall be made strictly within 10 (ten) days from when the Order confirmation is sent by the Seller to the Client.
7.5. The Client expressly agrees that the processing of the contract by the Seller will commence the moment the Price of the purchased Product/s is credited to the Seller’s bank account as per Article 3.3.
7.6. For any matters/claims regarding the existing relationship between the Client and the Seller, “MultiSafepay” shall not be contacted, as it is unrelated to said relationship. The claims will be exclusively dealt with by the Seller through the contacts specified in Article 1.1 of these General Conditions.
8. Seller's legal warranty of conformity, reporting of conformity defects and interventions under warranty
8.1. The Seller guarantees the Client the Products will be free of defects or faults for a period of 2 (two) years from the date of delivery of the Products to the Client. The application of any warranty is excluded in the case the Client uses the Products in a way that does not conform to that of the instructions/warnings attached to the Product or provided on the Website, that is they tamper with or try to illegitimately modify the characteristics of the Product, that is they do not respect the regulations of these General Conditions concerning the regular delivery, conservation, and management of the Products.
8.2. Under penalty of forfeiture of this warranty, the Client has the duty to report any defects and non-conformities within and no later than 8 (eight) days from the discovery, by sending an e-mail to [email protected] reporting the observed defect and/or non-conformity, as well as attaching the related photographic documentation.
8.3. Following receipt of the aforementioned non-conformity complaint and related documentation, the Seller will evaluate the defects and non-conformities reported by the Client and, after performing the quality check to ascertain the actual non-conformity of the Product, will decide whether to authorize the return of the Products. If the return of the Products for the quality check is authorized, the Seller will provide the Client with a form containing a “Return Code” by e-mail to the address provided by the latter during the registration process on the Website or during the transmission of the Order. The authorization to temporarily return the Products for the quality check will in no way constitute recognition of defects or non-conformities, the existence of which will be ascertained only after the Seller receives the Products. The Products whose return has been explicitly authorized must be returned by the Client together with a copy of the aforementioned notice bearing the “Return Code” within 14 (fourteen) days from the date of authorization of the temporary return for the quality check to the following address: MONDINI ARREDAMENTI SRL S.S. Cisa Loc. Croce del Gallo – 46029 Suzzara (MN), Italy.
8.4. If the Seller undertakes to refund the Client for the Price and the shipping costs, the refund will be paid, where possible, using the same payment method used by the Client to purchase the Product, or by bank transfer. On the occasion of reporting the defects and faults of the Product, the Client will be responsible for sending the Seller the bank routing number for the bank transfer via e-mail at: [email protected]
8.5. Defects that are the direct result of the recurring usage of the Product according to its intended use are not to be considered conformity defects.
8.6. Defects that are the direct result of the abuse and/or misuse of the Product, that is failure to use the Product in compliance with the directions provided on the product sheet, are not to be considered conformity defects.
8.7. Any imperfections that cannot be identifiable with due diligence visual inspection and that do not affect product quality and its regular use are not to be considered defects, as per Article 129, clause 2 of the Consumer Code.
9. Right of withdrawal
9.1. The Consumer is entitled to withdraw from the sales Contract concluded on the Website under these General Conditions, without any penalty, within the period of 14 (fourteen) days from:
(i) The day the Product was delivered; or
(ii) In the case of the purchase of multiple Products delivered separately with a single Order, the day the last Product was delivered.
9.2. To exercise the right of withdrawal, the Client must inform the Seller of his decision by email at: [email protected], before the expiry of the term referred to in Article 9.1 above, by filling out the return form on the specific section on the Website. Once the established period of 14 days has elapsed, the Client will not have the possibility to exercise the right of withdrawal anymore.
9.3. Following the provisions of Article 9.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal containing the return code. The Client shall return the Products within and no later than the following 14 days to: MONDINI ARREDAMENTI SRL S.S. Cisa Loc. Croce del Gallo – 46029 Suzzara (MN), Italy, including the return code and the documents concerning the Product in the package. The risks and the direct costs for the return of the Products will be chargeable to the Client.
9.4. PLEASE NOTE THAT: If the Product is returned later than the 14 day-period following the date the Seller sent the confirmation of the exercise of the withdrawal, as specified in the previous point, THE CLIENT LOSES THE RIGHT OF WITHDRAWAL, thus the Product will be returned to the Client, the transport costs will be chargeable to them, and no refunds will be granted.
9.5. In the event of regular withdrawal, the Client will be reimbursed for the payments made, including delivery costs (except for the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 (fourteen) days from the exercise of the withdrawal, subject to Product check at the warehouse. These refunds will be made using the same payment method used by the Client for the initial transaction unless the Client requests a refund on a different payment method. Any additional costs deriving from the different means of payment will be chargeable to the Client. The reimbursement will be suspended until the returned Products are checked by MONDINI ARREDAMENTI SRL S.S. Cisa Loc. Croce del Gallo – 46029 Suzzara (MN), Italy.
9.6. The Client is liable for any diminished value of the goods resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the products.
It should be noted that:
It is strictly forbidden to remove any tags or labels;
The products to be returned must be clean, intact, and complete with any accessories;
It is forbidden to use the Products for purposes other than the mere testing of the same before proceeding with the return.
If the returned Products are damaged, and even if the damage is not the result of the buyer’s fault, the Products will be returned to the Client and the Seller will not proceed with the refund, as per the previous point.
10. Exclusion of the right of withdrawal
10.1. The right of withdrawal does not apply when the 14-day period following the delivery of the Product elapses and the Client does not express their intention to withdraw within the time and the manner established in the previous Article 9.
10.2. The right of withdrawal does not apply for those Products that, falling outside the options provided on the catalog and/or the Mondini Website, are made and/or manufactured according to the specific instructions, taste, desire, and necessities of the Client; in this case, Products are considered to be clearly personalized, that is tailor-made and, as such, cause the exclusion of the right of withdrawal, according to Article 59, letter c) of the Consumer Code;
10.3. The right of withdrawal does not apply when the Product, once delivered, is to be assembled by the appointed personnel; that is because the aforementioned operations involve any handling of the single parts that cause the condition of integrity to end. In this case, the right of withdrawal may be exercised before the assembly.
11. Intellectual property rights
11.1. The Client declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Website or relating to the Products are and remain the exclusive property of the Owner, without the Client having any rights over them from accessing the Website and/or purchasing the Products.
11.2. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller, who will act according to the Owner’s instructions.
12. Client data and privacy protection
12.1. In order to proceed with the registration, the order and therefore the conclusion of the contract, some personal data from the Client are requested through the Website. The Client acknowledges that the personal data provided will be recorded and used by the Owner, in accordance with and in compliance with the legislation referred to Italian Law, to execute each purchase made through the Website and, with their consent, for any further activities as indicated in the specific Privacy Policy provided to the Client through the Website at the time of registration.
12.2. The Client declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Client may at any time update and/or modify their personal data provided to the Seller by logging into their account after prior authentication.
12.4. 4 For any further information on the methods of processing the Client’s personal data, please refer to the Privacy Policy section and read the General Conditions of Use carefully.
13. Electronic signature
13.1. The “validation click” positioned at the end of the guided procedure for the purchase of the Product represents an electronic signature and it has the same value as a handwritten signature between the parties, with specific acceptance of all the clauses contained in these General Conditions, no one excluded.
14. Applicable law, conciliation attempt, and competent court
14.1. These General Conditions shall be governed and interpreted according to Italian Law.
14.2. The Client declares to have read and agreed to these General Conditions.
14.3. Should one or more provisions of these General Conditions prove to be invalid or invalid under the application of a law, regulation, or following the final decision of the competent court, the other provisions will retain all their force and value.
14.4. The disputes regarding the application, exercise, interpretation, and violation of the contract are transferred to the Resolution Service set up within the Chamber of Commerce, Industry, Agriculture, and Artisanship of the Province where the buyer-consumer resides. In the case the buyer and the consumer do not correspond, a case not falling within the provision referred to in Article 3, letter a) of the Consumer Code, the competent court will mandatorily be the Court of Mantua. Moreover, we inform you that the European Commission provides an online platform for an alternative extrajudicial dispute resolution, available through the following link: http://ec.europa.eu/odr