Terms & Conditions

This document contains the general Terms and Conditions for the use of the website “https://lbbymonia.com” which offers the retail sale of “Cosmetic products”.

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

  • Owner: MP Milano Srl, Via Pierluigi Da Palestrina 9 – 20124 Milano (IT), P.IVA 10932480964, Numero REA: MI-2567751;
  • Application: the website “https://lbbymonia.com”;
  • Products: the products provided to the user by the Owner;
  • User: any person who accesses and uses the Application;
  • Consumer User: the physical legal age person who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out;
  • Non-Consumer User: the physical legal age person who concludes a contract for the performance or needs of their business, commercial, craft or professional activity;
  • Third Party Supplier: the physical legal age person, other than the Owner, who purchases the Products through the Application by acting in the exercise of their commercial, craft or professional entrepreneurial activity;
  • Contents: any textual or multimedia element on the Application (ads, advertisements, reviews, images, etc…);
  • Conditions: this contract which governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.

2. Relations between Owner, Third Party Supplier and Users

The Application hosts a platform managed by the Owner that allows to purchase the Products offered. On the Application, Users can therefore purchase and/or request the supply of Products provided by the Owner and Products provided by Third Party Suppliers. In the Application it’s always clearly indicated whether the Product is supplied by the Owner or by a Third Party Supplier. When the Products are offered by Third Party Suppliers, the Owner is not a part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between them, it’s having to be considered as a mere technical manager of the Application. Therefore, any contract between Third Party Suppliers and Users is not the subject of these Conditions. The Terms and Conditions of each Third Party Provider are made available on the Product page or in the Third Party Provider tab. Therefore, before carrying out commercial transactions with this subject, it’s necessary to check its conditions of sale published on the Application.

3. Detailed information on the offer of the Application

The Application provides Retail Users with Cosmetic products.

4. Scope of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other notes, legal notice, information published or referred to therein, he will not be able to use the Application or the related services. The Conditions can be changed at any time. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product. Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference. The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.

5. Purchase or supply request through the Application

All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery times and costs, ancillary charges, etc…). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element. Purchases and/or requests for the supply of one or more Products through the Application are allowed to Consumer Users and non-Consumer Users. Purchases and/or requests for supply are allowed to physical persons only on condition that they are in legal age. For minors, any purchase and/or request for the supply of Products through the Application must be screened and authorized by parents or parental responsibility operators. The offer of the Products through the Application constitutes an “invitation to offer” and the order sent by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner. as described below. Therefore, the Data Controller will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain for any reason and/or title. The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and ancillary taxes, the delivery address, the times and any delivery costs, how to exercise the right of withdrawal or, if its possible, exclusion and the guarantee. In the event that the Product is not available, the Owner will notify the User of the new terms of delivery or supply, asking if he intends to confirm the order or not. It’s understood that the contract will be considered completed in relation to the Products accepted by the Owner. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.

6. Prices and payments

For each Product, the price and VAT, if due, are indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated. Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the chosen delivery method and / or the payment method used. If these items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect the contracts already concluded before the change. The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data that may be requested. All communications relating to payments take place using a connection protected by an adequate security system. The Data Controller guarantees the storage of this information with a high level of security and in compliance with the provisions of the current legislation on the protection of personal data.

7. Billing

The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing the Owner every full indemnity in this regard.

8. Mmethods of delivery of material Products

The Products will be delivered to the address indicated by the User, in the manner and within the terms chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment of taking charge of the courier. In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible. If the User does not intend to accept the new deadline or the delivery has become impossible, he can request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware of the refund request. Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or to the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection about the external characteristics of the Products delivered. The Owner will not be liable to any parts or third parts for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.

9. Exclusion of the right of withdrawal of non-consumer users

The non-consumer user is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided.

10. Right of withdrawal of Consumer Users from the purchase of material Products

The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address “info@lbbymonia.com”, using the optional withdrawal form referred to in the following article or any other written declaration. In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the term of 14 days for exercising the right of withdrawal starts from the day the last Product was received. In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared to be responsible for it. In case of withdrawal exercised correctly, the Holder will refund the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he wishes to withdraw from the contract. The Owner is not required to repay the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner. The Owner, unless he has offered to collect the Product himself, may withhold the refund 􏰁 until he has received the Product or until the Consumer User has demonstrated that he has sent it back. The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories , parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the Consumer User.

11. Optional form to exercise the right of withdrawal

The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address “info@lbbymonia.com” before the expiry of the withdrawal period:

I communicate the withdrawal from the sales or supply contract relating to the following product: ______ 

Order number: ______ 

Ordered on: ______ 

Name and surname: ______ 

Address: ______ 

E-mail associated with the account from which the order was placed: ______ 

Date: ______

12. Warranty of material Products for Non-Consumer Users

In relation to the tangible Products, non-Consumer Users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (artt. 1490 e ss. c.c.).

13. Guarantee of conformity of material Products for Consumer Users

The legal guarantee of conformity is recognized, as provided for by artt. 128-135 of the Consumer Code, for all Products sold through the Application that fall within the category of “consumer goods”, as governed by artt. 128, paragraph 2 of the Consumer Code: any movable property, also to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by proxy to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specific quantity, iii) electricity.

The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. It’s assumed that the Products comply with the contract if, where relevant, the following circumstances coexist:

  • they are suitable for the use for which goods of the same type are usually used;
  • comply with the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model;
  • present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, by the manufacturer or its agent or representative, particularly in advertising or on labeling;
  • they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of the conclusion of the contract and which the Owner has also accepted for conclusive facts;
  • Any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and/or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity. The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product. Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. In addition, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced within a reasonable time; iii) the replacement or repair have caused significant inconvenience to the Consumer User. If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address “info@lbbymonia.com”. The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

14. Creative Commons license

The Contents and/or materials available on the Application are made available on the basis of the terms of this “Creative Commons Public License CC BY 4.0 IT” (hereinafter “License”). The Contents and/or materials available on the Application are protected by copyright, by other rights attributed by the law on copyright (related rights, database rights, etc.) and/or by other applicable laws. Any use of the contents and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited. The Owner grants the User the rights listed below on condition that he agrees to abide by the terms and conditions of the License. The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, act, transform the Contents and/or materials available on the Application by any means and format, for any need, including commercial, provided that the User acknowledges the paternity of the work to the Owner and provides a link to the license and indicates if any changes have been made. The full license is available at this address: https://creativecommons.org/licenses/by/4.0/legalcode.it

15. Warranty exclusion

The Application is provided “as is” and “as it is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never be interrupted or it will be error free or it will be virus or bug free. The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

16. Limitation of Liability

The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its suppliers. Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any ancillary charges. incurred. The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, upon payment, if he proves that he has adopted all possible precautions based on the science and experience of the moment and based on ordinary diligence.

The Owner will not be responsible for:

  • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the breach of contract by the Owner;
  • incorrect or unsuitable use of the Application by Users or third parties;
  • the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry;
  • in no case can the Owner be held responsible for an amount greater than double the cost paid by the User.

17. Major force

The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. . The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Owner will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

18. Link to third party sites

The Application may contain links to third party Application. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these Application. Some of these links may refer to third party Application that provide services through the Application. In these cases, the general conditions for the use of the Application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

19. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Notice, which can be consulted within the Application.

20. Applicable law and competent court

The Conditions are subject to Italian law. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User Consumer to appeal to a judge other than that of the “Consumer Court” pursuant to artt. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in artt. 18, 19 and 20 of the civil procedure code. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity. For non-consumer users, any dispute relating to the application, execution and interpretation of these conditions will be referred to the court of the place where the owner is based.

21. Online dispute resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

 

Date: 17/11/2020

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