Introduction
These General Conditions of Sale (hereinafter GTC) are intended to regulate the contractual relationship between the company Monfrì Design (hereinafter Merchant) and any person who intends to make a purchase (hereinafter Customer) on the site https://www.swedy.it/ (hereinafter “name of the Site”).
In case of questions about the GTC or the Privacy Policy, the Customer can contact customer service at the following email address: info@monfridesign.com.
1. Acceptance of the GTC
By using https://www.swedy.it/ or by placing an order, the Customer agrees to be bound by these GTC and the Privacy Policy, without restrictions or reservations.
Before being able to place an order, the Customer must tick the box “I declare that I have read and accepted the General Conditions of Sale and the Privacy Policy”.
2. Autonomy
The cancellation of a clause of the GTC will not affect the validity of the GTC as a whole.
3. Modification of the GTC
The Merchant reserves the right to modify these GTC at any time; the modifications will take effect, where applicable, from the publication on https://www.swedy.it/. The new GTC will apply to any new order.
4. Intellectual property
The content of the site https://www.swedy.it/ (logo, texts, brands, images, videos) is the intellectual property of the Merchant. Any reproduction, total or partial, is prohibited without the express and prior authorization of the Merchant.
5. Availability of products
Any order on https://www.swedy.it/ is subject to the availability of the products. In the event of unavailability after the order has been placed, the order will be cancelled and the Customer will be notified at the email address provided to place the order. The Merchant reserves the right to withdraw its products from https://www.swedy.it/ or to modify any information or illustrations at any time.
The description of the products on https://www.swedy.it/ does not constitute a binding document. The Merchant cannot therefore be held liable in the event of differences that do not affect the essential characteristics of the products.
6. Prices and shipping costs
The prices displayed on https://www.swedy.it/ are indicated in EUR € but do not include shipping costs. Shipping costs will therefore be added to the total amount due by the Customer, if applicable pursuant to Article 7.
The Merchant reserves the right to change its prices at any time. In this case, price changes will only apply to future orders and not to orders already in progress.
In the event of a pricing error, the Merchant reserves the right to correct it and will inform the Customer as soon as possible, via the email address provided, to propose to carry out the transaction at the correct price or to cancel the order.
7. Shipping costs and methods
Subject to availability (see previous article 5), the Merchant undertakes to deliver the Customer's order within 30 days of the order confirmation received at the email address provided by the Customer.
It is up to the Customer to check the condition of his products and the conformity of his order at the time of delivery. In the event of non-conformity, the Customer must contact customer service at the following email address: info@monfridesign.com
When ordering, the Customer must choose the preferred delivery method from those offered on https://www.swedy.it/. Delivery costs can be consulted on the carriers' websites.
8. Payment methods
The available payment methods are those indicated on the Site at the following address https://www.swedy.it/.
The Merchant reserves the right to modify this list at any time, without affecting current orders.
9. Formation of the contract
By placing an order on https://www.swedy.it/, the Customer guarantees that he or she is at least 18 (eighteen) years old and has the legal capacity to enter into a contract.
The Customer guarantees that he or she is a professional placing an order in the context of his or her commercial activity. These GTC are intended for professionals who act exclusively for purposes that fall within the scope of their professional activity. It is expressly recalled that the GTC are applicable only to sales made to professional buyers who act for purposes that fall within the scope of their professional activity; there is therefore no right of withdrawal.
To place an order, the Customer confirms his or her cart and proceeds to payment in accordance with Article 7 above. The sales contract is stipulated between the Customer and the Merchant only upon receipt by the Customer of an order confirmation email, to the email address provided by the Customer.
It is the Customer's responsibility to check the accuracy of the content of your order before confirming your cart and proceeding to payment. The Customer may modify his cart before confirming it and proceeding to payment for his order.
10. Refusal of the order
The Merchant reserves the right to refuse any order.
11. Transfer of ownership
The products ordered remain the property of the Merchant until the price of the order and shipping has been paid by the Customer.
The transfer of risks occurs from the moment the order is delivered to the Customer.
12. Legal guarantee
In the event of non-conformity of the order at the time of delivery, the Merchant complies with its obligations in terms of legal guarantee. The Customer may contact customer service in accordance with article 7 above. The Customer must exercise his legal guarantee within 2 months of delivery of the order. He may request from customer service the replacement of the non-compliant order or the return of the order and the refund of the price of the defective products. In the event of a return, the Customer must explicitly inform the Merchant and return the order in its entirety, in its original condition and in the original undamaged packaging, with all the accessories delivered.
13. Hidden defects
The Customer may contact customer service pursuant to the previous article 11 if, at the time of delivery, defects are found in his order that make the products unsuitable for their use. The Customer may then request a price reduction from customer service or return his order to be refunded the price of the defective products. In the event of a return, the Customer must explicitly inform the Merchant of his withdrawal and return the order in its entirety, in its original condition and in the original undamaged packaging, with all the accessories delivered.
14. Right of withdrawal
Pursuant to article 52 of the Consumer Code, the Customer may withdraw from the order without reason within fourteen (14) days from the date of receipt of the same.
In the case of orders containing several goods delivered separately in a defined period, the period runs from the receipt of the last good or batch or piece. If the deadline expires on a Saturday, Sunday or public holiday, the withdrawal period is extended to the next working day.
However, pursuant to Article 59 of the Consumer Code:
« 1. The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to:
a) service contracts after the complete performance of the service if the performance has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the professional; b) the supply of goods or services whose price is linked to fluctuations in the financial market which the professional is unable to control and which may occur during the withdrawal period; c) the supply of goods made to measure or clearly personalized; d) the supply of goods which are liable to deteriorate or expire rapidly; (e) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and have been unsealed after delivery; (f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods; (g) the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the trader; (h) contracts where the consumer has specifically requested a visit by the trader for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal shall apply to such additional services or goods; (i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery; (l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications; (m) contracts concluded at a public auction; (n) the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance; (o) the supply of digital content on a non-material medium ale if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.»
In the event of withdrawal, the Customer will receive a refund of his order, excluding any return shipping costs, using the same payment method used by the Customer to purchase the products, under the conditions set out in the following article 13. The refund will not include any return costs.
15. Exercise of the right of withdrawal
To exercise his right of withdrawal, the Customer must explicitly inform the Merchant of his withdrawal and return the order in its entirety, in the original conditions and in the original undamaged packaging, with all the accessories delivered.
16. Force majeure
The Merchant cannot be held liable for the failure or delay in fulfilling its contractual obligations in the context of the sale of products purchased on https://www.swedy.it/ in the event of an event beyond its control, a case of force majeure or an act of third parties beyond the control of the Merchant.
It is understood that cases of force majeure may constitute: legislative and regulatory changes, fires, storms, floods, strikes internal or external to the merchant, illnesses, power surges and electric shocks, failures of cooling and IT equipment, blockages and slowdowns of electronic communication networks, viruses and hacking and, more generally, any unforeseeable event beyond the control of the Merchant.
## 17. Personal data
The Merchant's personal data policy is contained in the Privacy Policy https://swedy.mypresta.shop/content/7-privacy-policy.
## 18. Amicable settlement of disputes
Every consumer has the right to resort to a consumer mediator free of charge for the amicable resolution of the dispute between him and a professional.
At European level, the European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Disputes relating to the execution of a sales contract or service provision contract between a consumer and a professional are covered.
19. Law and jurisdiction
The sales contracts of products purchased on https://www.swedy.it/ are governed by Italian law.
Any dispute relating to the sales contracts of the products purchased on the Site will be subject to the jurisdiction of the court of law, without prejudice to the previous article 18.
20. Information on the trader
company name: Società a responsabilità limitata (SrL)
02287130229 Trento
IT02287130229
Contact
info@monfridesign.com, +393351392988
info@monfridesign.com