Terms of service
Section I – General Terms and Conditions of Sale
1. INTRODUCTION
These General Terms and Conditions of Purchase and Use ("General Conditions"), together with the documents mentioned herein, contain the terms and conditions that govern the use of this website (website URL) and the purchase of items contained therein. Please carefully review these General Conditions, the Cookie Policy, and the Privacy Policy (collectively referred to as the "Data Protection Policies") before using this website. Please note that using this website or placing an order through it implies acceptance of these General Conditions and the Data Protection Policies. If you do not agree with all the aforementioned Conditions and Data Protection Policies, please do not use this website.
2. OUR DETAILS
The sale of products through this site is managed by Monski, with registered office at Via Monte Pertica 1 – Cesano Maderno MB, Italy, VAT number 13384760966, email address info@monski.co, contact details available in the "contact" section of this site.
3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by the user will be processed in accordance with the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us are accurate and truthful.
4. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
(i) Use the website only to make legally valid inquiries or orders;
(ii) Not make any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been made, we will be authorized to cancel it and inform the relevant authorities;
(iii) Provide us with your email address, postal address, and/or other contact details truthfully and accurately. Likewise, you consent to our use of this information to contact you (if necessary, please see the Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you guarantee that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.
5. ORDER COMPLETION PROCESS - ORDER CONFIRMATION AND ACCEPTANCE
To place an order, you must follow the online purchase procedure and click on "Authorize Payment." Subsequently, you will receive an email confirming receipt of your order (the "Order Confirmation"). It is understood that this does not imply acceptance of your order. All orders are subject to our approval, of which you will be informed by sending an email confirming that the order is being shipped, summarizing the order details and allowing you to track the order (the "Shipping Confirmation").
The contract for the purchase of a product between us and you (the "Contract") will be considered concluded only when we send you the Shipping Confirmation. Only the products listed in the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any other products that were not ordered until confirmed in the Shipping Confirmation that such products have been shipped.
We reserve the right to refuse orders from a customer with whom there is an ongoing or previous dispute and/or a dispute related to a previous order. This also applies to all cases where the Company deems the customer unsuitable, including, by way of example, cases of previous violations of the Online Conditions, for any other reason, especially if the customer has been involved in fraudulent activities of any kind.
Orders from countries not listed in the "Country" section cannot be accepted. If the user wishes to receive an invoice, they must send an email to support@monski.co.
6. PRODUCT - ESSENTIAL CHARACTERISTICS AND WARRANTIES
Only products marked with the registered trademark MONSKI are offered for sale on www.monski.co. The Company does not sell used, irregular, or lower-quality products than the corresponding market standards.
The essential characteristics of the products are presented on the website, within each product sheet. However, the images and colors of the products offered for sale on www.monski.co may not correspond to the real ones due to the Internet browser and monitor used by the customer.
All products are equipped with an identification tag attached with a single-use seal. The customer must not remove the tag and the related seal from the purchased products, as they are an integral part of the product. In case of exercising the right of withdrawal by the customer, the Company has the right not to accept the return of products that are missing the related tag or that have been altered or tampered with in their essential and qualitative characteristics or that have been damaged. The Company reserves the right to activate a specific section of the Site through which to sell products belonging to previous commercial seasons, possibly applying a special discount.
7. PRODUCT AVAILABILITY
All product orders are subject to stock availability. In this sense, in case of supply problems, or if items are not in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, we will refund any amounts you may have already paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content on it.
Although we will always do our best to process all orders, there may be exceptional circumstances that oblige us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time. We disclaim any liability towards you or any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for the failure to process the order after sending the Order Confirmation.
9. DELIVERY
For the purposes of these Conditions, "delivery" will be deemed to have occurred, or the order "delivered" when you or a third party indicated by you acquires material possession or control of the products, which will be evidenced by the signing of the order receipt at the agreed shipping address. Without prejudice to the provisions of the previous article 7 and unless Force Majeure Events occur, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation by the date indicated in such Shipping Confirmation or, if no delivery date is specified, within the estimated time at the time of selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
Please refer to the Orders and Shipments attachment for further information. It is understood that shipping times may vary based on immediate stock availability and any guarantees or forecasts regarding delivery times are still subject to possible delays due to holidays, postal and shipping services, or Force Majeure Events, for which we will not be responsible. Please note that home deliveries are not made on Saturdays and Sundays.
10. IMPOSSIBILITY OF DELIVERY
If you are unable to be present at the delivery location at the agreed time, we kindly ask you to coordinate with the courier to reschedule the delivery. If delivery cannot take place due to reasons beyond our control, and if, after 30 days from the date on which your order is available for delivery, the order has not been picked up and/or you have refused to accept it, we will consider the order as abandoned, and the goods will be returned to the sender.
11. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks related to the products will become your responsibility from the moment of their delivery. You will gain ownership of the products once we have received full payment of all amounts due in relation to them, including shipping costs where applicable, or at the moment of delivery (as defined in the previous Article 9), should this occur at a later time.
12. PRICE, ERRORS, MODIFICATIONS
The price of the products will be as indicated from time to time on our website. Prices are shown in the currency of the shipping destination selected by the User and will be indicated on the website.
The website prices include VAT but exclude shipping costs for orders under 250 euros, which must be added to the total amount due.
The cost of products and services for the international market (outside Italy) may vary according to the commercial policies of the destination country, which may involve the application of international duties and taxes. Please refer to the Shipping and Delivery attachment for further information.
Although we strive to ensure that all prices appearing on the site are correct, errors may occur. If we discover errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct amount or to cancel it. If we are unable to contact you, the order will be canceled and you will be refunded the full amount paid. We will not be obliged to supply you with the product(s) at the lower erroneously indicated price (even if we have already sent the Shipping Confirmation) if the price error is obvious and unmistakable and therefore if it was reasonably possible for you to identify it as incorrect. Prices may change at any time; however (except as previously established) possible changes will not affect orders for which we have already sent an Order Confirmation.
13. PAYMENT
You can make the payment with credit cards, as indicated on our website in the Payments section, and via PayPal.
Credit cards will be subject to verification and authorization by the issuing entity, and if such entity delays or does not authorize the payment, the Company will not be responsible for the delayed or non-delivery.
Your card will be charged when your order leaves our warehouse. If the chosen payment method is PayPal, the charge will occur at the time of order confirmation.
Please note that payments made through this online platform, as well as, if applicable, any refunds in your favor, will be managed on our behalf by Monski, Via monte pertica 1, Cesano Maderno MB, 13384760966. By clicking on "Authorize Payment," you confirm that the credit card is in your name.
Credit cards will be subject to verification and authorization by the card issuer. If the issuer does not authorize the payment, we will not be responsible for any delay or non-delivery, and we will be unable to complete any Contract with you.
14. VAT (VALUE ADDED TAX)
In accordance with the applicable legislation, every purchase made through the website will be subject to Value Added Tax (VAT) where applicable.
15. WITHDRAWAL AND RETURN POLICY
15.1 Withdrawal.
In accordance with the law for consumer protection, the customer has the right to withdraw from the contract without providing any reason and without any penalty within the following 14 working days, starting from the date of receipt of the Shipping Confirmation.
15.2 How to exercise the right of withdrawal and return the product
To exercise the right of withdrawal, the Customer must inform the Company of the decision to withdraw from the contract by providing an explicit written statement, sending a message to support@monski.co.
The Customer must return the goods to the address indicated on the label, without undue delay and in any case within 14 (seven) business days from the day on which the Customer’s withdrawal from the contract is communicated.
The Customer must ensure that the products are in the same condition as when they were received, with all security seals intact. Please return the item using or including the original packaging, instructions, and any other documents that accompany the products, if present.
After initiating the return procedure in the "My Account" section of the website and paying for shipping, the Customer must attach the label, which will be sent via email, to the original box (or another equally sturdy box) so as to cover the original destination label to the Customer’s address. The Customer must schedule the return pickup by contacting the same courier who delivered the package, arranging the pickup date and time. The Customer may only ship the return from the country where the order was placed. If the Customer’s return does not meet the listed conditions, the return will be refused, and no refund will be issued.
15.3 Effects of withdrawal and refund of the price
If you exercise the right to withdraw from the Contract as recognized by law, in accordance with the terms and conditions indicated, you will be reimbursed for all payments made to us, excluding delivery costs (except for any additional costs resulting from your choice of a delivery type other than the least expensive standard delivery we offer), without undue delay and in any case no later than 14 days from the day we are informed of your decision to withdraw from the Contract. These refunds will be made using the same payment method you used for the initial transaction.
Notwithstanding the above, the refund may be suspended until the goods are received or until you have demonstrated that you have returned the goods, whichever is earlier. The costs of returning the goods will be at your expense. You are only responsible for the decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
15.4 Limitation on the exercise of the right of withdrawal
Your right to withdraw from the Contract will apply exclusively to those products returned in the same condition in which you received them. Please note that in case of return, you are responsible for the content of the return package. No refund will be made if:
(i)The received package contains an incorrect and/or different item from the product subject to the order or to be returned;
(ii)The product has been used beyond mere opening;
(iii)The products are not in the same condition in which they were delivered or if they have been damaged.
Therefore, we invite you to be careful in the return operations and to take care of the products as long as they are in your possession.
16. RETURN OF DEFECTIVE OR NON-CONFORMING PRODUCTS
If you believe that at the time of delivery the product does not conform to what is provided in the Contract, you must immediately contact us through our customer service channels indicated on our web page, providing us with the product details as well as the damage suffered, and we will indicate the procedure to follow.
To allow us to verify the item, you must return it to the address indicated in the electronic document received via email along with the Shipping Confirmation.
We will carefully examine the returned product and will inform you within a reasonable time of the outcome of the checks carried out on the item. In case of non-conformity of the item, we will offer you the replacement of the product or a refund (as the case may be), unless you request otherwise, provided it is objectively possible and/or not excessively burdensome for us under the applicable legislation. The refund of the amounts or the replacement of the item will be made as soon as possible and, in any case, within 14 days from the date we confirmed that we will proceed with the refund or replacement of the unsuitable item, without any cost to you. The amount paid for products that will be returned due to damage or defect, if actually existing, will be fully refunded, including the delivery costs incurred for sending the item and for the return by you. The refund will be made using the payment method used to make the purchase, unless otherwise agreed. All rights recognized to consumers by the applicable legislation remain unaffected.
Section II – General Terms and Conditions of Use
17. PRIVACY POLICY AND COOKIES
When placing an order through our site, the customer provides their personal data. The Company will use such personal data to process the order, deliver the goods, and provide related services. The customer's personal data will be collected and used in accordance with the terms of the Company's privacy policy, available in the appropriate section.
18. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, registered trademarks, and any intellectual property rights on the materials or content presented as part of the website are our property and those who have granted us a license for their use.
Therefore, the contents www.monski.co, such as, by way of example, works, images, photographs, dialogues, music, sounds, and videos, documents, drawings, figures, logos, and any other material, in any format, published www.monski.co, including menus, web pages, graphics, colors, schemes, tools, fonts, and the design of the website, diagrams, layouts, methods, processes, functions, and software that are part www.monski.co, are protected by copyright and any other intellectual property rights.
The reproduction, in whole or in part, in any form, of www.monski.co and its contents, without the express written consent of Monski or other holders of the relevant rights, is prohibited.
19. TRADEMARKS AND DOMAIN
All distinctive signs that distinguish the products sold on www.monski.co and present on the website are registered trademarks of their respective owners and are used within www.monski.co, solely for the purpose of distinguishing, describing, and advertising the products for sale on www.monski.co.
Any use of these trademarks not in accordance with the law and, as such, not authorized, is prohibited and punishable by civil and criminal law. It is not allowed in any way to use these trademarks and any other distinctive sign present on www.monski.co to unduly benefit from the distinctive character or reputation of these trademarks or in a way that harms them and their owners.
20. VIRUSES, PIRACY, AND OTHER RISKS OF CYBER ATTACKS
Improper use of this website is prohibited. It is forbidden to: commit or encourage a crime; transmit or distribute viruses, trojans, worms, logic bombs, or publish any other material that is harmful, technologically damaging, that violates confidentiality, or is in any way offensive or obscene; violate any aspect of the services; alter data, cause disturbance to other users, violate the property rights of any subject, send unsolicited material or advertising, commonly called "spam," attempt to affect the performance or functionality of computer facilities of this website or those accessible through this website. Violation of this provision may constitute a crime under the Italian Penal Code. MONSKI will report such violations to the competent authorities and will reveal your identity to them if required.
To the maximum extent permitted by current legislation and respecting the fundamental rights of consumers, we disclaim any liability in case of any damage or loss resulting from a DoS attack, virus, or other program or materials that may cause technological damage to your computer, IT equipment, data, or materials as a result of using our website or downloading content from it or that redirect the user to it.
21. LINKS FROM OUR WEBSITE
If our site contains links to other pages or third-party materials, such links are provided exclusively for informational purposes, without our control over the contents or materials contained in such pages or sites. Therefore, we disclaim any liability in case of any damage or loss resulting from their use.
SECTION III – General and Common Provisions
22. WRITTEN COMMUNICATIONS
The applicable legislation requires that some of the information or communications we send you be in writing. By using this website, you agree that most of the communications exchanged with us will be in electronic format. We will contact you via email or by providing you with information through specific notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not limit in any way the rights recognized by the applicable legislation.
23. FORCE MAJEURE
We will not be liable for any failure or delay in the performance of any of our obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Events"). Force Majeure Events include any act, event, non-occurrence, omission, or accident beyond our reasonable control; this expression includes, but is not limited to, the following:
(i) Strikes, lockouts, or other industrial action.
(ii) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat of war.
(iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
(iv) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
(v) Impossibility of the use of public or private telecommunications networks.
(vi)Acts, decrees, laws, regulations, or restrictions of any government.
(vii) Any maritime, postal, or other relevant transport strike, disaster, or accident.
It is understood that the performance of the obligations under the Contract will be suspended for the duration of the Force Majeure Events. We will be granted an extension for the performance of the Contract equal to the duration of such period. It is understood that, even during Force Majeure Events, we will strive to find a solution by which to fulfill our contractual obligations.
24. WAIVER
If we fail, during the execution of the Contract, to insist upon strict performance of any of your obligations, or any of the obligations under these General Conditions, or if we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
25. PARTIAL INVALIDITY
If any article of the General Conditions, or part of it, or any provision of the Contract, is judged invalid, illegal, or unenforceable by the competent authority, such article, clause, or provision will be considered as not affixed while the other articles, clauses, and provisions will remain valid to the maximum extent permitted by law.
26. ENTIRE AGREEMENT
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject of the Contract and replace any previous agreement, understanding, or pact between us, whether oral or written.
27. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to review and modify these Conditions at any time. You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or the Data Protection Policies is required by law or by a governmental authority (in which case it will also apply to orders already submitted to us).
28.APPLICABLE LAW AND JURISDICTION
These Terms of Service must be interpreted in accordance with the laws in force in Italy and in the event of any dispute or claim associated with these Terms of Service. Any dispute or claim will be subject to the exclusive jurisdiction of the court of Monza. The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree 6 September 2005 No. 206, on the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 No. 70 on certain aspects concerning electronic commerce. We implement a complaint management procedure that we will use to try to resolve disputes as they arise, and we ask you to let us know if you have any complaints or comments by contacting Customer Service in the dedicated section.