Terms and Conditions

  1. GENERAL
    1. MONNALISA S.p.A. (hereinafter MONNALISA or Seller) markets childrenswear.
      MONNALISA has created an online sales network on www.monnalisa.eu , governed by these General Terms and Conditions of Sale.
    2. The applicable Terms and Conditions of Sale to all orders placed on www.monnalisa.eu , the company website, are the ones in force at the time of purchase; however, MONNALISA may amend them whenever it deems it necessary to do so.
    3. Before carrying out the order the Customer will be asked to confirm comprehension and acceptance of the Terms and Conditions of Sale in force at the time in which the order is sent, should the customer refuse to do so, it will not be possible to place the order on the MONNALISA website. Whoever should decide to surf the company website will be considered, in virtue of having used the site, as having accepted the MONNALISA Privacy Policy conditions, which are an integral part of these Terms and Conditions of Sale. (privacy policy)
  2. WHO IS ENTITLED TO ORDER
    1. Only consumers and businesses that purchase for reasons other than re-selling may do so, on www.monnalisa.eu. ; It is strictly forbidden to resell items bought on www.monnalisa.eu.
    2. Orders may be placed only by consumers who: (a) are at least 18 years old, (b) are legally capable of entering into binding contracts. If you are under the age of 18 and are not legally capable of entering a binding contract, a parent or legal guardian will carry out the order and accept our Terms and Conditions of Sale posted on www.monnalisa.eu. Any order made in violation of this provision shall be null.
  3. ITEMS
    1. Each item is shown in a photograph and comes with an “item description “ indicating: a) a brief description, b) available colours and sizes, c) price, d) general description, e) other information, f) reviews.
    2. The general description is short and indicates some characteristics of the product. The language used may be creative and not directly referable to the item. Composition of fabrics and materials is on the labels attached to each product sold.
    3. Colours and sizes are listed only for descriptive purposes; in particular, the colours displayed may not reflect the actual colours of the products as this depends on various factors, among which your computer’s colour display, the difficulty due to the fabric’s composition, etc.
    4. Although MONNALISA makes an effort to post photos of the items as faithful to the original as possible, some differences between images and products may occur, mainly due to technical causes such as the internet browser and the monitor used.
    5. The Consumer may write a review on the purchased item, describing the experience and assigning a mark to the product.
  4. PURCHASE INSTRUCTIONS
    1. If you wish to order on www.monnalisa.eu , the order will be processed as follows.

      a) Product Selection

      b) Order confirmation
      Before proceeding with the purchase by sending the order form, the customer will be asked to read these Terms and Conditions of Sale very carefully, to print a copy, save it or make a copy of it for personal use.
      Before proceeding the Customer is required to check all details very carefully, including and not limited to the details of each purchase made.

      c) Personal Data
      When defining the order, the customer will be asked to provide all personal data including shipping address, tax code and billing details. The Customer guarantees that all personal data provided is real and exact.

      d) Acceptance of Terms and Conditions of Sale and Privacy Policy
      Please check your order carefully and if necessary carry out any change you wish to make, after that you will be asked to confirm that you accept the legally binding Terms and Conditions of Sale and the Privacy Policy in the website in full. After you express your acceptance you may proceed with the purchase by clicking on “confirm” as indicated in the web site.

      e) Payment
      The Customer may choose one of the following payments:
      1. Credit card;
      2. Pay Pal;
      3. Bank transfer;
      4. Cash on delivery
      If you choose to pay by credit card, all the financial information (card number, expiry date, CVV) shall be forwarded to Banca Sella or other banking institution which offers online payment services, in encrypted form. This information will only be used by Seller to complete purchase process and to issue any refund in compliance with the returns and cancellation policy procedures.

      If you choose to pay by PayPal, you should follow all instructions indicated in the PayPal website.

      If you choose to pay by bank transfer, the bank transfer will be made by Customer to the bank whose details are given in the payment section of the website. Proof of payment is the date in which the amount transferred has been credited to the Seller’s account. The Seller reserves the right to accept a copy of transfer statement sent by e-mail to customercare@monnalisa.eu, as proof of payment.

      If you choose to pay cash on delivery, you will pay cash for the total due for the order made when you receive the package. If you fail to pay for the goods, the package will not be delivered to you. This payment, (cash on delivery) foresees an extra expense indicated in the website under the payments section.

      The order form will be saved in the MONNALISA data bank for the period necessary to process the orders and according to the terms indicated by the law.

      f) Acceptance of Order
      The Seller reserves the right to refuse the order if the Customer has not fulfilled purchase procedures appropriately, has not accepted the General Terms and Conditions of Sale, has not given the information required for shipment and invoicing and if the payment has not been completed , i.e. if the Customer has chosen to pay by Credit Card, and the bank does not give authorisation to debit the Customer’s Credit Card; if the selected payment is by bank transfer, that the amount is not credited to the Seller’s account within (3) working days from the date of order confirmation; if the selected payment is by Pay Pal, when the amount due is not credited to the Seller’s account.

      The total amount includes the cost of items plus shipping expenses, which depend on the shipping means chosen by the Customer and/or made available in the website.

      When the chosen payment is “Cash on delivery” the goods are sent before receiving payment. If the end consumer should not accept the cash on delivery twice in a row, any future order from the same person will be refused. The order may be refused by the Seller if outstanding disputes between Seller and Customer exist and for any other legitimate reason.

      All expenses for customs and taxes due to country of destination are not included.

      g) Product Availability
      Should the items displayed for sale no longer be available or be sold out at the time of the last access, or no longer be available when the order is confirmed; the Seller will immediately inform the Customer. If the order has been confirmed and the price paid, the Seller will refund the Customer the amount paid.

      h) Order Confirmation
      When the Customer sends the Order Confirmation electronically to the Seller, the purchase is considered as confirmed and the General Terms and Conditions of Sale are considered as accepted.
      The Order Confirmation will be saved in the Seller’s data bank for the period necessary to process the orders and according to the terms indicated by the law.

      i) Order Receipt Notice and Order Confirmation
      The sale is considered completed when the Customer receives confirmation from the Seller that the order has been accepted, after checking product availability and payment made.
      When order is confirmed MONNALISA shall send an email to the Customer with a link to the details of Terms and Conditions , information regarding the essential features of the purchased items, the price, the information concerning the right to return the goods or not, the address where complaints may be sent and the existing commercial guarantees. The Client must immediately verify the contents of this communication and immediately inform the Seller of any errors or omissions.The order receipt notice will contain the reference number of the order assigned by MONNALISA. When received, the Client must keep the reference number of the order for any inquiries on the same.
      The Client expressly consents that the information discussed in this article be furnished via e-mail and not by other media.

  5. SAFETY
    1. MONNALISA undertakes to protect the personal information of the Client for the entire on-line sales procedure. It is however impossible to guarantee the safety and integrity of data transmitted to the Website therefore the Seller cannot be considered responsible for damages deriving from the use of the Internet, as in the event of hacking (illicit intrusion into IT systems).
  6. CANCELLATION AND RETURNS POLICY
    1. The Customer has the right to cancel the contract, without giving any reasons, within 14 (fourteen) days. The cancellation period expires after 14 days from the day in which the Customer or a third party, who is not the carrier or the designated Customer, has acquired the physical possession of the goods.
    2. To exercise the right of cancellation, the Customer must inform MONNALISA of his/her decision to cancel this contract by means of an explicit declaration via e-mail to customercare@monnalisa.eu , or by filling and sending the cancellation form. (privacy policy)
    3. In the event that the Customer should choose this option, the Seller will send a confirmation of the cancellation before the expiry of the cancellation period via e-mail and without delay.
    4. So as to respect the cancellation period, it is sufficient for the Customer to send the communication concerning the cancellation before the expiry of the cancellation period.
    5. If the Client cancels this contract, all payments made to MONNALISA for this contract, will be reimbursed without undue delay and, in any case within 14 days from the date in which MONNALISA receives the cancellation notice. Said refund will be carried out by using a Credit card, PayPal or Bank transfer. The refund will be made on the basis of the payment method chosen by the Customer. In any case, the Customer will not incur any additional costs as a consequence of said reimbursement, excepting the shipment cost. The refund can be suspended until receipt of the goods or until proof of re-shipment of the goods is furnished by the Client, if this happens before.
    6. The Customer must re-ship the goods or deliver them to MONNALISA, without undue delays and, in any case, within 14 days from the date in which she/he has communicated the cancellation from this contract. The term is considered as respected if the Customer re-ships the goods before the expiry of the 14-day period.
    7. The direct costs of restitution of the goods will be to the Customer charge.
      The right to cancellation is deemed as having been correctly exercised when the following conditions have been met:
      a) Sending an e-mail or the cancellation form as indicated above;
      b) The products must be unused and un-damaged.
    8. The returned goods will be subjected to quality control.
    9. The products must be returned with the original labels and tags as originally affixed to them and in perfect condition, new, unused and in their original packaging. The Customer will be responsible for any lower value of the goods caused by handling that differs from what is necessary to establish the nature and characteristics of the goods.
  7. SHIPMENT
    Shipment time is not influenced by the Seller but by the method of shipment chosen by the Customer when ordering and by the shipping company that will be used to send the acquired goods. In general, delivery is carried out within three (3) work days in Italy, within seven (7) work days outside Italy and within two (2) weeks for Russia (SDA-EMS courier). Excepting unforeseen events and customs clearance times. In any event, the Seller is not responsible for the effective shipment times that differ from those indicated even if she/he will do whatever possible to meet them. In the event of products that are available “in the boutique”, identified with this symbol in the product sheet, shipment may be subject to a few days delay due to the handling of the goods from the distant warehouses. In the order confirmation the Customer expressly accepts the delivery terms foreseen here in derogation of what is indicated by art. 54 of the Consumer Code. MONNALISA will do all that is possible to guarantee the delivery by courier within the time foreseen in the order confirmation. The cost of shipment is charged to the Clients account and it is specified in the order. The cost of shipment depends on factors such as weight and volume. MONNALISA may use DHL, UPS or SDA/EMS.
    RUSSIAN SHIPMENT ONLY DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)

    These T&C are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.
    1. Terms used herein:
      1. Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments. Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union. Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time. Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery. Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.
    2. T&C Subject Matter
      1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”).
      2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.
      3. Under the applicable legislation in Russian Federation Express Carrier and Customs Broker shall have the right to demand from Consignee documents and information necessary for international delivery of Express Shipments and customs operations in respect of Express Shipment, including those containing information comprising commercial, bank and other secrets protected by law, or other confidential information, and obtain such documents and information within the time limits ensuring observance of the requirements specified in the applicable legislation.Express Carrier and Customs Broker hereby acknowledge and confirm that the obtained information comprising state, commercial, bank and other secrets protected by the law or other confidential information must not be disclosed or used by Express Carrier and Customs Broker and their employees for their own purposes, handed over to other persons, except for the cases envisaged in the applicable legislation in Russian Federation other cases when disclose of the information is required for international delivery of Express Shipments and customs operations in respect of Express Shipment.
    3. DHL Express Network Terms and Conditions of Carriage.
      1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below: Deliveries and Undeliverables Shipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale less service charges and related administrative costs to be returned to Shipper. Inspection DHL has the right to open and inspect Shipments without notice. DHL’s Liability DHL’s liability is expressly limited to direct loss and damage only and cannot exceed per kilo/lb limits pursuant to Section 6. Any other types of loss or damage whatsoever are excluded (including but not limited to lost profits, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. DHL’s liability in respect of any one Shipment transported, without prejudice to Sections 7 through 11, is limited to its actual cash value and shall not exceed: - an amount calculated based on $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or - an amount calculated based on $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road. Claims are limited to one claim per Shipment; settlement of such claim will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient they must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make their own insurance arrangements, failing which Shipper assumes all risks of loss or damage. Time Limits for Claims All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever in respect of those claims. Delayed Shipments and Money-Back Guarantee DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays. Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service. Circumstances Beyond DHL’s Control DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action. International Conventions If Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage. Routing Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places. Governing Law Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
      2. Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.
    4. Customs Operations Terms & Conditions
      1. Customs Broker:
        1. may performs customs declaration of Express Shipments;
        2. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;
        3. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.
      2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request. All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF.
      3. The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost
      4. The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.
    5. Liability of the Parties
      1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.
      2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.
      3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.
    6. Service Fees and Payment for Customs Operations:
      1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.
      2. The Consignee must pay for the Customs Broker’s services.
      3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.
    7. General Provisions
      1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause
  8. INVOICES
    1. Following the processing of the order, MONNALISA will issue an invoice that will be delivered together with the products.
  9. GUARANTEE
    1. The Customer must verify the correspondence of the Product received compared to the order made. In the event that the Customer should notice that the product does not match the order, she/he must contact MONNALISA with the instructions given in art 6 and attend to the return of the item.
    2. In this case the provisions in art. 6 will be applicable as they are compatible with the procedure.
    3. The sale of the products, for what concerns defective products, is subject to the legal guarantees contemplated by article 129 and subsequent of the Consumer Code. If there should be a a defect of conformity, the Client has the right, at his choice, to the repair or substitution of the defective product by the Seller without extra costs, except where the requested solution is impossible or excessively expensive with respect to the other. However, if the substitution or repair is impossible, the consumer has the right to a reduction in the price or to receive an amount equal to the value of the product, against the right to return the defective product to the Seller.
    4. The legal guarantee has a validity of two years from the delivery of the goods and must be requested by the consumer within two months from finding of the defect.
    5. The Seller, having verified the defect, must carry out the repair or the substitution of the product within an appropriate time from the request and without charging the costs to the consumer. For complaints we refer to the procedures indicated in art. 13 of the Consumer Code.

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