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General Sales Conditions
The following General Terms and Conditions of Sale govern online sales between Dway Group srl, headquarter in Via Feltrina Nuova, 5 – Montebelluna (Treviso) – Italy, and the Client. Montina is a brand of Dway Group srl.
Client states to act as final Customer, unless, at the time of sign-up, Client declares to act as a Professional, via inserting VAT number. Contract specifies clauses that are not applicable to the Client acting as Professional. General Sales Conditions aare subject to change, without notice, and they will take immediate effect from the date of publication on the corporate website.
2 Prices and Availability
All prices on Montina.it are published on the Cart page of www.montina.it before order confirmation . The total amount due is inclusive of sales tax but it does not include duty fees or custom fees of the delivery country. Such fees are borne by the Client.
Prices displayed on Montina.it website are quoted on every local currency. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the items you have ordered, we will give you the option of reconfirming your order at the correct price, or cancelling it.
Payment of purchased items are immediate after online order confirmation.
If order is not accepted by Dway Group srl, company will immediate proceed with reimbursement.
To complete the order, the Client can choose amongst several payment methods such as Credit Card (Maestro, Visa, or MasterCard for instance), Paypal circuit, pre-paid credit cards and bank transfer.
During the order checkout, the Client is asked to choose their payment method. If chosen method is not available, Dway Group srl will immediately communicate an alternative.
Invoices and receipts will be issued electronically and sent to the email address the Client has left.
In case some items have a limited availability, this is indicated and constantly updated: update frequency is considered as sufficient to provide with reliable information. However we cannot exclude that an item indicated as available is actually out of stock once the order is placed by the Client.
3 Order processing
Before processing the order, Client will be asked to either sign up/login on the Customer Area or leave personal data as a Guest. Until the final step of order processing, the Client has the chance to review data by clicking “Back” button.
Once order is placed and payment is complete, Dway Group has faculty not to accept the order and communicate this to the Client in the following 30 days. Order is considered cancelled also in case Client gets no feedback from Dway Group in the following 30 days.
In any case, all orders are meant to be accepted under reserve in term of quantities and delivery dates. No responsibility can be attributed to Dway Group srl in case of delays, deferment, reduction in the quantities during order processing, excluding cases of negligence and fault attributable to Dway Group srl. Each and every single order and delivery is independent from any other order or delivery.
4 Right of withdrawal
Client acting as Customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day you or a third-person who made the purchase, carrier excluded, receive item(s) and become the actual owner of the goods.
To exercise the right of withdrawal, the Client must inform Montina.it. Alternatively, the Client can show any other explicit request of withdrawal. Before 14-day time mentioned above, the Client can contact Montina.it customer care by contacting us at firstname.lastname@example.org or by registered letter with the acknowledgement of receipt sent to Dway Group srl. - Via Feltrina Nuova, 5 - 31044 Montebelluna (Treviso) - Italy.
If Client withdraws from this contract, Dway Group shall reimburse all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. Reimbursement is processed once items have arrived to Dway Group warehouse. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
Please note that Montina collections with custom finish cannot be returned nor reimbursed. The Italian law states that bespoke furniture items purchased online are not eligible for returns and refunds.
Customer returns the property without undue delay and in any case within ten days from the date on which he/she notified his/her right of withdrawal. Deadline is met if customer ships back the goods before the last available day. The Customer is responsible for items value decrease resulting from altering the purchase in its nature, characteristics and functioning. This applies if:
- original packaging is missing
- lack of extra parts (accessories, brackets, other components, etc)
- in case of signs of wear that assume an actual use of the item(s) before standard trial time within the domestic use.
Customer shall only bear the direct cost of returning the goods, unless Dway Group srl expressed the intention to pay for the shipping costs. Dway Group srl may withhold the reimbursement until goods have been delivered to its warehouse and the state of use is checked. The withdrawal right is exclusively for consumers (individuals who purchase goods for purposes not related to jobs, trade or business): it cannot be exercised by a legal entity or by a person acting on behalf of his/her own business activity.
The right of withdrawal is not exercisable, as expressly stated by art. 55 paragraph 1 letter c of the Italian Legislative Decree 206/05, if the customer has purchased "bespoke items or custom goods that cannot be shipped back or might fast deteriorate during the shipping."
5 Sales Information
Client, by accepting these general terms and conditions, declares to have read all information regarding purchases on the website and in detail : a) main characteristics of the goods in the cart page; b) sale is carried out by Dway Group srl - Via Feltrina Nuova,5 31044 Montebelluna (Treviso), Italy; c) price of purchase including taxes, all additional freight, payment methods, delivery timing and order processing; d) conditions, terms and steps to exercise the right of withdrawal in accordance with Article 54, paragraph 1 of Italian Legislative Decree 206/05, as described in the Return Page; all purchases are covered with Legal guarantee of conformity
6 Product Warranty
Warranty rules provided by the Consumer Code apply to all purchases made by each Client as final Customer. If the Client Consumer spots defects in the purchased goods, he/she should contact Dway Group srl, within the time-limits prescribed by law (two months after discovery), as stated in the Return page, and ask to fix or replace items. Choice between repair or replacement is up to the Client, except when it is objectively impossible or excessively expensive to choose freely one of the two options. The above warranty is exclusively for consumers (individuals who purchase goods for purposes not related to jobs, trade or business): it cannot be exercised by a legal entity or by a person acting on behalf of his/her own business activity. For them, standard warranty stated by the Civil Code remains valid.
Other previous agreements are valid as well.
7 Shipping and Transportation.
Dway Group srl cannot be responsible for failure or delay in delivery of goods for reasons of force majeure, such as fires, earthquakes, floods, damages to the warehouses or strikes, judicial or administrative measures, disruption of roads etc. If delivery is not feasible due to reasons of greater force that persists for a period longer than thirty (30) days, each party has the right to withdraw from the contract. In all other cases, the risk of accidental perishing of the purchase passes to the Client once the purchase is handled to the first carrier only in case of purchases made by a non Consumer Client.
8 Applicable law and resolution of disputes
General Terms and Conditions are governed by Italian law. In the event of any dispute arising from General Terms and Conditions between Dway Group srl and any of its end users, Dway Group srl guarantees, from now on, to fully adhere to and comply with the mediation service.
If Client is acting as Consumer (individual who purchases goods for purposes not related to jobs, trade or business), the competent court is the one of his/her domicile. If disputes involve individuals who purchase goods for purposes related to jobs, trade or business, court of jurisdiction in Treviso, Italy.
9 Personal Data treatment
Processing of personal data of the Client is governed by the note issued according to art. 13 of Legislative Decree 196/03 "Code regarding the protection of personal data" within user registration.
10 Final clauses
Once you authenticate with a user name and password, any activity which carries on within the e-commerce managed by Dway Group is registered with appropriate logs and it is attributable to the account, according to the identification data provided by the Client. Such information uniquely associated with the password is a means of electronic identification in accordance with Italian Legislative Decree 82/05 and it is considered as “safe” by the parties in term of security, integrity and immutability.
The above provisions also apply if Client chooses to purchase as a "guest".
This Agreement shall be made available and sent to the Client as attached file. Any further agreements have no value if they are not specifically negotiated by both sides, by mail or in writing: in that case they constitute an addendum to this text.
Since one of the parties makes a request, the other agrees to print this agreement, sign it and send it within 7 days to the applicant’s location.
Dear SedieDesign s.r.l. - Via Bacchieghe, 12/B, 31044 Montebelluna (Treviso) Italy,
I, the undersingned ………………………………………. Address …………………………………… City ………………………..
hereby withdraw from purchase of the following goods:
Order number …………. Product name …………………………………
Color …………… Ordered on ………………………….. Delivered on ………………………………