GENERAL TERMS AND CONDITIONS OF SALE
In this area you find all the legal information that rule the access and the navigation on COMTE DE MONTAIGNE E-Shop Site.
The login and the navigation on this website, as well as the purchase of COMTE DE MONTAIGNE products, assume the reading, the knowledge and the acceptance of these following General Conditions of Sale.
We therefore invite you to regularly visit this area to verify, before placing any purchase, the publication of the most recent and updated General Conditions of Sale of www.comtedemontaigne.com
I. SCOPE OF APPLICATION
1) These General Conditions of Sale (« Conditions ») rule the sale of products through the Site and form an integral part of each Sales Contract (« Contract ») which is concluded via Internet between:
Comte de Montaigne Italia srl, registered office in Milan in Via Molino delle Armi, 7 – 20123 Milano / C.F. / Partita IVA 06332270963 and Business Register MI – 1886363 – the Seller;
and any subject who purchases the products on the website www.comtedemontaigne.com (the « Site ») – the Customer –
2) Any Order of purchase of COMTE DE MONTAIGNE products is ruled by following Conditions.
The applicable Conditions are those current at the time of placing an order.
3) COMTE DE MONTAIGNE reserves the right to modify these General Conditions of Sale in any moment, without notice obligation.
II. PURCHASE ORDERS
4) The Customer agrees, before proceeding with the confirmation of his Order, to read these Conditions and to accept them by affixing a tick (flag) in the indicated box.
By placing an Order through the Site, the Customer guarantees both that he has the necessary ability to act to conclude legally binding contracts, and that he is at least 18 years old.
Customers who place orders through Site accept the Terms and Conditions, as follows.
5) The Customer can only purchase the products included in the electronic catalogue on the Site at the time of placing the Order, as described in the relevant information sheets.
The information about products on the Site, such as technical specifications, pictures, sizes or compatibility details, are not binding and can be subject to changes in any moment.
6) The technical steps for placing an Order are clearly highlighted in the sequence of pages on the Site, through explanatory texts and graphics.
7) By clicking on « Confirm Order », the Customer will formulate COMTE DE MONTAIGNE a contractual purchase proposal concerning the items contained in the Shopping Cart.
Receipt of the Order does not constitute acceptance of the purchase contract proposal.
8) To complete the Order, the following formalities must be successful:
a) reading and acceptance by the Customer, through « point and click », of these Conditions;
b) compilation through electronic format by the Customer – by entering all the required data – of the Order Form, which contains a summary of the essential characteristics of each selected product or service and the relative price; the method of payment for which the customer has opted; the methods of delivery of the products purchased; times and costs of shipping and delivery; the conditions about exercising the customer’s right of withdrawal and application of the legal guarantee of conformity; methods and times for returning the purchased products;
c) payment, in favor of the Seller, of the price of the product (s) purchased by the Customer, including shipping and delivery costs.
The execution of the Order entails the express recognition by the Customer of the obligation to pay.
9) The correct receipt of an Order is confirmed by COMTE DE MONTAIGNE via e-mail to the e-mail address communicated by the Customer
This confirmation is automatically generated by the system and cannot be considered an acceptance of the Order in itself, but only confirmation of receipt of it.
The confirmation e-mail repeats all the data entered by the Customer, who agrees to verify its correctness and to promptly communicate any corrections.
10) COMTE DE MONTAIGNE will have the right not to process purchase orders made in accordance with the previous provisions, in the event that the Customer has not made the payment for the products.
III. PAYMENT METHODS AND PRICES
11) The price of the ordered products is the one current on the day the Order is placed and must be paid to COMTE DE MONTAIGNE pursuant to previous article 8, lett. c).
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the Order and before making the payment.
All prices indicated on the Site are to be understood as inclusive of VAT.
COMTE DE MONTAIGNE reserves the right to change products prices at any time, without notice, except on orders already received.
12) The Customer can pay for the products ordered through one of the payment methods indicated on the Site.
In the case of payment by credit card, the purchase amount will be charged to the Customer after the conclusion of the Order on the Site.
In the case of payment by bank transfer, the Customer will receive the bank details attached to the Order Form: the Order will be processed only after receipt of the credit by the Seller.
The related financial information will be managed only by the payment circuits or by the lender.
13) Orders are processed from Monday to Friday, during the range of time from 9.00 a.m. to 5.00 p.m. Orders placed after 5.00 p.m. on Friday, will be processed on the following Monday.
Except as otherwise provided in the Order Form, Comte de Montaigne will ship the products purchased by the Customer, by courier express, to the address indicated in the appropriate form.
Delivery takes place no later than 30 days from the acceptance of the Order and will only be made in the countries indicated on the Site (Shipping).
COMTE DE MONTAIGNE does not assume any responsibility for disservices due to major force or accidental circumstances, even if they depend on malfunctions and disservices on the internet, in the event that it is unable to execute the Order within the times provided for in the Contract.
14) The courier is responsible for the delivery. COMTE DE MONTAIGNE agrees to collect any reports of non-delivery or delayed delivery of the products.
15) Any damage to the packaging and / or products, or the mismatch in the number of packages or indications, must be immediately reported to the courier through a specific indication on the delivery document.
By signing the delivery document and, in the absence of the aforementioned disputes, the Customer certifies the real material integrity of the products and the conformity of the delivery.
The facts referred to in paragraph 1 of this article must be reported by e-mail, to COMTE DE MONTAIGNE within 8 days of delivery, attaching the invoice and the copy, pertaining to the customer, of the courier’s waybill.
16) Comte de Montaigne will issue an invoice for the material sent to the order holder pursuant to art. 14 DPR 445/00 and dl 52/2004. The data provided by the Customer at the time will be included in the invoice.
No modification of the invoice will be possible after its issue.
When ordering, it is necessary to indicate whether the shipping address is different from the billing address.
VI. RIGHT OF WITHDRAWAL AND RETURNS
17) Except as provided by art. 59 of Legislative Decree no. 206/2005, for purchases made through the comtedemontaigne.com Site, it will always be possible to exercise the right of withdrawal, based on the provisions of the law, within 14 calendar days from the delivery of the products.
The goods must be returned, at the care and expense of the customer, within 14 calendar days from the date on which the customer communicated his decision to withdraw via e-mail to COMTE DE MONTAIGNE.
To exercise this right it is necessary to have the following documents and data:
– original invoice (indicating the order number, invoice number, customer code)
– in case of partial withdrawal, in addition to the purchase invoice, the article code (s) of the products
The procedure is, as follows: the communication that expresses the will to withdraw can be sent in advance via e-mail, as well as confirmed by registered letter with return receipt within 48 hours. The communication must be sent by registered letter with return receipt, within 10 working days from receipt of goods. The registered letter must be addressed to: Comte De Montaigne Italia Srl, via Molino delle Armi 7 – 20123 Milan.
The registered letter must contain the declaration to exercise the right of withdrawal, indicating all the data mentioned above (order number, invoice and customer code, article number of the products that must be subject to withdrawal, bank details).
How to make the return shipment: after activating the withdrawal procedure, it is necessary to insert the original wrapping containing the goods in a special packaging, in order to safeguard the original wraps of the products from any damage, written or alteration.
COMTE DE MONTAIGNE reserves the right to refuse the goods received in the event of non-compliance with the above procedure.
The goods must be sent at their own expense within a maximum time of 20 days from receipt at the following address: Comte De Montaigne Italia Srl, via Molino delle Armi 7 – 20123 Milan.
In the shortest possible time and, in any case within 30 days from receipt of the notice of withdrawal, the sums paid will be credited to the Consumer. The only expenses charged to the customer are those relating to the return shipment of the products.
If the withdrawal is carried out according to the methods and the terms mentioned above, the amount already paid for the products will be credited to the buyer by the same method used by him to complete the order.
VII. INFORMATION AND COMPLAINTS
For any clarification or any complaint, Comtedemontaigne.com can be contacted from Monday to Friday from 09.00 to 13.00 at the following contacts:
COMTE DE MONTAIGNE FRANCE
t. +33 06 4800 1894
COMTE DE MONTAIGNE ITALY
t. +39 02 8492 8976
Comtedemontaigne.com guarantees that the Products delivered are those indicated on the Site. In the event that the product is altered in its essential characteristics, COMTE DE MONTAIGNE agrees to replace the altered products with a new supply at its own expenses no later than the deadline of 30 days from the delivery date.
IX. LIMITATION OF LIABILITY
By using our site, COMTE DE MONTAIGNE takes all responsibility and risk related to its use and every service contained therein.
COMTE DE MONTAIGNE takes no responsibility for mistakes or omissions within this website or any website to which reference and connection can be made.
In any case COMTE DE MONTAIGNE website won’t be responsible for any specific, incidental, indirect or consequential damage of any kind, or for any damage, including, without limitation, those resulting from the loss of use, data or profits or under any theory of liability, which emerges or is in connection with the use, communication or transmission of this information.
The information on this website may include technical or other inaccuracies, or typographical errors.
Periodic corrections are made to the information contained herein; these corrections will be posted on the website. COMTE DE MONTAIGNE can make improvements and / or corrections to the website at any time.
All parts of this exclusion will be automatically applied to all improvements and corrections as soon as they appear on the website.
It is only its responsibility to evaluate the accuracy, completeness and usefulness of all the options, notices, services, goods and other information provided through the website. COMTE DE MONTAIGNE does not guarantee that the site will never be interrupted, or that it will not be free of errors, or that the errors present on the website will be corrected.
X. RULES OF LAW APPLICABILITY AND JURISDICTION
These General Conditions of Sale and the Contract are ruled by Italian law, except as provided for in the Vienna Convention of 1980.
Any dispute that arises from the application of these Conditions or from the Contract will be subject to the jurisdiction of the Italian judge, according to the provisions of current Italian legislation.