Terms and Conditions of Sale

General Terms and Conditions of Sale
Art. 1 - General provisions
  1. The user navigating in this area accesses Montecore S.r.l. via the url: www.montecore.it. Browsing and the transmission of purchase order on the site im-plies acceptance of the Data Protection Conditions and Policies adopted by the site and indicated therein.
  2. These General Terms and Conditions of Sale apply to the sale of products - with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code (Italian Legislative Decree 206/05 amended by Italian Legislative Decree No. 21/14 and Italian Legislative De-cree 70/03) – by the seller

Montecore s.r.l with sole shareholder
Via Luigi Einaudi, 1
61032 – FANO (PU)
tax code and VAT number: 02277210411

Registration CCIAA of PU n. 02277210411
REA PS-168460
fully paid-up share capital 10.000,00
certified mail: montecore@securposta.net

  1. Before accessing the products supplied by the site, the user is required to read these General Terms and Conditions of Sale, which are generally understood and unequivocally accepted at the time of purchase.
  2. The user is invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale; Montecore reserves the right to modify its terms unilaterally and without prior notice.
  3. The site can be used and the products supplied by the site can be accessed and purchased in the following languages: Italian and English
  4. The products are available on the website www.montecore.it, which reproduces the catalogue of the goods promoted online by the Seller. These goods are accurate-ly depicted therein, highlighting their characteristics. However, the Seller cannot guarantee a precise and exact correspondence between the real consistency of the goods promoted online and the relative representation on the User's monitor. There-fore, in the event of discrepancies between the image of the products visible online and the relevant information sheet, only the latter will prevail.
Art. 2 - Subject
  1. The presentation of the products on the website www.montecore.it, which is not binding for the Seller, represents a mere invitation to Consumers to formulate a con-tractual purchase proposal and not an offer to the public. Therefore, the Seller has the right to accept or not the order sent by the User, without the latter having any rights or claims for any reason, including compensation, for the non-acceptance of the order itself.
  2. These General Terms and Conditions of Sale govern the offer, forwarding and ac-ceptance of purchase orders for products on www.montecore.it and do not, however, regulate the supply of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.
  3. Before sending orders and purchasing products and services from different par-ties, we suggest checking their terms of sale.

Art. 3 - Conclusion of the contract
  1. To conclude the purchase contract, it will be necessary to fill in the order form in electronic format and send it following the relative instructions.
  2. This contains a reference to the General Terms and Conditions of Sale, the imag-es of each product and the relative price, the means of payment that can be used, the delivery methods for the purchased products and the relative shipping and deliv-ery costs, a reference to the conditions for exercising the right of withdrawal and the methods and timeframes for returning the purchased products.
  3. Before concluding the contract, the Customer will be asked to acknowledge having read the General Terms and Conditions of Sale, which include information on the right of withdrawal and personal data processing.
  4. The User's purchase order is understood to be accepted by the Seller by sending, to the e-mail address the Consumer declared to the Seller at the time of registration on the website www.montecore.it, a confirmation email of the order itself, which will contain the link to the text of these Conditions, the summary of the order made, in-cluding the detailed indication of the price, shipping costs and applicable taxes, as well as the description of the characteristics of the products purchased. The order, the order confirmation and the Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its IT systems according to ade-quate security and confidentiality criteria pursuant to art. 12 Legislative Decree 70/2003, as well as art. 50-51 of the Consumer Code and the User may request a copy by sending a communication to the address shop@montecore.it
  5. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
  6. Each purchase contract is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
  7. The buyer will be obliged to complete payment from the moment the online order submission procedure is completed. This will be done by clicking on the button "Place order" at the end of the guided process.
  8. Once the contract is concluded, the seller takes responsibility for the execution of the order.
Art. 4 - Registered users
  1. When completing the registration procedures, the user undertakes to follow the in-structions on the site and provide their personal data in a correct and truthful man-ner.
  2. Confirmation will in any case exempt Montecore s.r.l. from any responsibility re-garding the data provided by the user. The user undertakes to promptly inform Mon-tecore s.r.l. of any variation in their data at any time communicated.
  3. If the user reports inaccurate or incomplete data or if the interested parties dispute the payments made, Montecore s.r.l. will have the right to not activate or in other words to suspend the service until the related issues have been remedied.
  4. On the occasion of the first request for activation of a profile by the user, Mon-tecore s.r.l. will assign a username and password. The latter recognises that these identifiers constitute the system for validating user access to the Services and is the only suitable system for identifying the user; furthermore that the acts carried out via this access will be attributed to the user and will have binding force in relation to them.
  5. The user undertakes to maintain the secrecy of their access data, to keep it with due care and diligence and not to transfer it to third parties, even temporarily.

Art. 5 - Availability of products
  1. Product availability refers to the actual availability at the time the user places the order. This availability must still be considered indicative because owing to the simul-taneous presence of multiple users on the site, the products could be sold to other customers before the order is confirmed.
  2. Partial or total non-availability of goods may also occur even after the email con-firmation of the order has been sent. In this case, the order will be automatically ad-justed by deleting the unavailable product and the customer will be immediately in-formed via e-mail.
  3. If the user requests the cancellation of the order, and termination of the contract, Montecore S.r.l. will refund the amount paid within fifteen days from the moment in which Montecore S.r.l. becomes aware of the decision of the buyer to terminate the contract.

Art. 6 - Products offered
  1. Montecore S.r.l. markets: man and woman total look
  2. The offer is detailed in full on our website at the link: www.montecore.it
Art. 7 - Methods of payment and prices
  1. The price of the products is that indicated from on the site, except where there is an obvious error.
  2. In the event of an error Montecore S.r.l. will promptly notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, there is no obligation for Montecore S.r.l. to supply what was sold at the incor-rectly indicated lower price.
  3. For shipments to Italy and the European Union, the prices on the site include VAT and shipping costs. For extra-EU countries, shipping costs, charges and duties are charged to the customer; shipping costs are charged in the purchase process while charges and customs duties will be quantified in customs and the customer must pay them on delivery. Prices may change at any time. Changes do not affect orders for which order confirmation has already been sent.
  4. Once you have selected the desired products, they will be added to your cart. Then you merely need to follow purchase instructions, entering or verifying the re-quired information at each step of the process. Order details may be changed before payment.
  5. Payment can be made by:

PayPal. For payment can be used by the user the Paypal circuit ac-cording to the specific procedures of the same.
Credit Card/ Apple Pay, Google Pay, Klarna, WeChat e Alipay.
The shipment of goods will take place only upon actual receipt of payment.

Art. 8 - Delivery
  1. Montecore s.r.l. carries out shipments throughout the Italian territory, exclud-ing/including the state of Vatican City and the Republic of San Marino.
  2. Montecore S.r.l. will only deliver to the user's home, provided at the time of pur-chase.
  3. Delivery is made, for the Italian territory, generally within 3 working days, or, if no delivery date is specified, within the timeframe estimated at the time of selecting the delivery method and, in any case, within a maximum of thirty days from the date of confirmation.
  4. As regards countries of the European Union, delivery will be made in 4 working days, and in any case, within a maximum of thirty days from the confirmation date.
  5. In non-EU territories, delivery will take approximately 6 working days from the con-firmation date.
  6. If it is not possible to carry out the delivery, the order will be sent to the ware-house. In such a case, notice will be left specifying the place where the order is lo-cated and how to arrange a new delivery.
  7. If you cannot be present at the place of delivery at the agreed time, please con-tact us again to arrange a new delivery date.
  8. If the delivery cannot take place due to causes not attributable to us, we will as-sume that you intend to terminate the contract thirty days after the date on which the order is available for delivery.
  9. Following the termination, the amounts will be returned including delivery costs, with the exclusion of any additional costs deriving from the choice of a delivery meth-od that is different from the ordinary method offered, without unjustified delay and, in any case, within 30 days from the date of termination of the contract. Transport re-sulting from the termination of the contract could give rise to additional costs that will be borne by the buyer.
  10. Shipping costs are charged to the buyer and are made clear at the time the order is placed.
Art. 9 - Transfer of risk
  1. The risks relating to the products shall be borne by the purchaser from the time of delivery. The ownership of the products is considered acquired as soon as the full payment of all the amounts due for the same has been received, including shipping costs, or at the time of delivery if this occurs subsequently.
Art. 10 - Warranty and commercial compliance
  1. The seller is liable for any defect of the products offered on the website, including the non-conformity of the items with the products ordered, under the provisions of Italian law.
  2. If the buyer has signed the contract as a consumer, that is, any natural person acting on the site for purposes unrelated to any business or professional activity they may carry out, this warranty is valid as long as the defect occurs within 24 months from the date of the products' delivery; the buyer must present a formal complaint regarding the defects within a maximum of 2 (two) months from the date on which the defect was acknowledged by the latter; the online return form must be correctly filled in, specifying the non-conformity found, as well as at least a photograph of the good in question, all accompanied by documentation proving the purchase.
  3. In the event of non-conformity, the buyer who has signed the contract as a con-sumer shall have the right to have the goods brought back into conformity free of charge, by repair or replacement, or will be entitled to obtain an appropriate reduc-tion in the price or the termination of the contract relating to the disputed goods and the consequent refund of the price.
  4. All return costs for defective products will be borne by the seller.
Art. 11 - Non-attributable non-compliance and unauthorized payments
  1. Montecore s.r.l. will not be responsible for the failure or delay in the execution of the contract if this depends on disruptions attributable to force majeure, unforeseea-ble circumstances, or in any case not attributable to the Seller. Consequently, except for the hypotheses referred to in art. 1229 of the Civil Code., no compensation will be given to the User, who will only be entitled to the full refund of the price and any an-cillary charges paid.
  2. Furthermore, Montecore s.r.l. - having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best technology available in terms of security of online transactions - takes no responsibility for any fraudulent, illicit or irregular use of the credit cards, checks or other means of pay-ment, attributable to the User's willful or negligent conduct with respect to the obliga-tions of custody and promptly information to the issuer of the aforementioned means of payment.
Art. 12 - Withdrawal
  1. In accordance with the legal provisions in force, the buyer is entitled to cancel the purchase, without penalty and without specifying any reason, within 14 days from the date the goods are received, pursuant to art. 57 of Italian Legislative Decree 206/2005. If the buyer makes multiple purchases with just one order which are delivered separately, the above term starts from the date of receipt of the last product.
  2. For products shipped in the EU, the customer can make a single exchange request for each product; it is possible to make a single exchange for the same product, in this case the costs of return and shipping will be charged to Montecore. For products shipped extra EU is possible only the return.
  3. Any user who intends to exercise their right of withdrawal from the purchase must communicate it to the Seller by means of an explicit declaration, which must be sent by registered mail in the section “return” of its own account. The User will receive by email the confirmation of the return. The buyer may exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively submit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (non-mandatory).
  4. For packages coming from the EU, the goods must be returned without delay and, in any case, within 14 days from the date of sending the notice of return by delivering it to the courier appointed by the Seller. The cost of transport of the return is € 20.00 charged to the user, except in the case of exchange and non-conformity, and will be deducted from the refund.
    For packages coming from non-EU countries in case of return, the Customer must return at his own expense the products to Montecore within 14 days from the return, the shipping costs and any customs fees for the return of the goods will be borne exclusively by the Customer, the shipment, until the certificate of receipt in the warehouse indicated by Montecore, is under the full responsibility of the customer, the shipping address is as follows:
    Movimoda spa
    Via Magnanini, 40
    42018 San Martino in Rio (RE)
    T: +39 0522 1407930
    k.a: MONTECORE
    email: sales@montecore.it
    In case of damage to the goods during transport Montecore will notify the customer to enable him to file a timely complaint against the currier of his choice and obtain its refund, the product will then be made available to the customer, simultaneously canceling the request for withdrawal, Montecore will not respond in any way for damage, theft, loss occurred during or in any way dependent on the shipment for the return.
    In case of return from non-EU countries will be sent a discount code of 10% to be used within 30 days on a next purchase in our online shop.
  5. The goods must be returned undamaged in the original packaging, complete with all parts and with the tax documentation attached. If the returned goods are dam-aged or show signs of wear related to manipulations not strictly necessary to imme-diately and directly establish their nature, characteristics and functioning, the Seller will withhold from the refund an amount corresponding to the decrease in its value. Therefore, in the event that the returned goods are damaged (for example in the presence of abrasions, nicks, scratches, or other deformations, etc.), or not com-plete with each element or its accessory (including labels, tags, etc.), not accompa-nied by instructions/notes/manuals attached, original wrapping and/or packaging (or, in any case, adequate), or by the relevant guarantee certificates (where present), the User will be liable for the decrease in the value of the good, with the right to reim-bursement for an amount equal to the residual value of the good itself. Without prej-udice to the right to verify compliance with the above, Montecore s.r.l. will refund the value of the goods subject to withdrawal within a maximum period of 14 days, includ-ing any delivery charges.
  6. According to Art. 56 paragraph 3 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the site can suspend the refund until the goods are received or until the customer provides proof that the goods have been returned.
  7. The right of withdrawal will not apply in the event that the services and products of the Seller are included in the categories of art. 59 of Legislative Decree 206/2005.
  8. Montecore S.r.l. will provide the refund using the same payment method chosen by the buyer at the time of purchase.
Art. 13- Data processing
  1. The User data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the appropriate section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy) and rel-evant national regulations (i.e. Privacy Code, as most recently amended by Legisla-tive Decree 101/2018).
  2. Referring, for details, to the Policy and the related Policy on cookies’ use, it is specified that the personal data acquired directly and/or indirectly through the site www.montecore.it, will be collected and processed electronically / telematically and if applicable, in paper form, with the following main purposes: i) register the order; ii) proceed with the execution of the sales contract and related communications; iii) fulfil legal obligations; iv) manage commercial relations in order to better carry out the re-quested services. The correct and promptly communication of the User's personal data is a necessary condition for the prompt execution of the Contract by the Seller, who, failing that, will not be able to process the order.
Art. 14 - Safeguard clause
  1. In the event that one of the clauses of these General Terms and Conditions of Sale is null for any reason whatsoever, this will in no case compromise the validity of and compliance with the other provisions contained in these General Terms and Conditions of Sale.
Art. 15 - Contacts
  1. Any request for information can be sent by e-mail to the following address shop@montecore.it.
Art. 16 - Complaints
  1. Official communications addressed to the Seller, such as any complaints from the User, will be taken into consideration only if sent by registered mail, or via the follow-ing certified e-mail address shop@montecore.it
Art. 17 - Applicable law and competent court
  1. The interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law. However, the rights conferred by the mandatory regulatory provisions provided for the protection of consumers in force in the relevant country of residence or domicile of the User are guaranteed to the User.
  2. Any dis-putes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the user is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
  3. Any disputes relating to and/or consequent to the same General Conditions must be resolved exclusively by the Courts of the place of domicile or residence of the Us-er.
  4. In any case, for the reference standards relating to the competent court and appli-cable law, the Parties refer to the provisions of art. 66 bis of the Consumer Code, as well as art. 18 EU Reg. 1215/2012, of art. 6 EU Reg. 593/2008, as well as articles 3 and 57 L. n. 218/995.

These conditions were drawn up on 15/11/2021.