1) Scope of Application
1.1 These General Terms and Conditions of the company Monkeydriver SRLS unipersonale (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client’s offer within five days, by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or by delivering ordered goods to the Client, insofar as receipt of goods by the customer is decisive, or by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
2.4 In case of an order via the Seller’s online order form, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the text of the contract will be stored on the Seller’s website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.6 The English language is exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to withdrawal
3.1 Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
3.2 Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.
3.3 To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
3.4 The withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
3.5 Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
3.6 Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
3.7 The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
3.8 Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
3.9 The costs of returning the goods are borne by the User.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller’s online order form, the delivery address specified in the online order form shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control.
5.3 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, he shall inform the Client and grant him immediately counter performance.
5.5 Personal collection is not possible for logistical reasons.
5.6 Delivery times are indicative and not binding. No compensation for direct or indirect damages can be requested for non-delivery or delayed delivery.
5.7 The goods are bought or sold under the “Delivery at Place” Incoterms rules. The Seller delivers the goods to a delivery address indicated by the Client. The buyer is responsible for any import formalities and transportation to the final destination.
6) Reservation of Proprietary Rights
If the Client is a consumer, the Seller retains the title of ownership to the delivered goods until the purchase price owed has been paid in full.
6.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
6.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.
Should the object of purchase be deficient, statutory provisions shall apply.
Deviating therefrom, the following shall apply:
7.1 For traders, a marginal defect shall generally not constitute warranty claims defects, the Seller may choose the type of subsequent performance,
for new goods, the limitation period for defects shall be one year from transfer of risk,
for used goods, rights and claims for defects are excluded,
the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.
7.2 The aforementioned limitations of liability and the restrictions of limitation periods do not apply:
- to a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building’s defectiveness;
- to a product, which is damaged due to the use of unsuitable products or incorrect installation;
- to claims for damages and reimbursement of expenses by the Client;
- if the Seller has fraudulently concealed the defect.
7.4 Furthermore, for traders the statutory limitation periods for recourse claims pursuant to the Italian Civil Code remain unaffected.
7.5 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly (within 24 hours).
In the event that the packaging of the goods is damaged or in the event of a mismatch in the number of packages or indications, the Client must immediately contest the circumstance with the carrier making the delivery, placing the word “withdrawal with reserve” specifying the reason on the appropriate accompanying document and inform the Seller by sending e-mail within 2 days from the date of delivery.
The goods are replaced free of charge if the damage suffered is indicated in the transport document or the wording “withdrawal with reserve” specifying the reason is indicated in delivery document. The Seller will replace the packages as quickly as possible. However, in some cases, replacement times may extend until the product itself is ready. The replacements will be made to the shipping address entered in the order.
7.6 In any case, the Client shall send a written communication with photographic documentation to the Seller indicating the defect of the product; the Seller, as soon as the defect of the product has been ascertained, will activate the defective procedure for the reinstatement of the product or component.
7.7 It may happen that a defect is discovered only after having removed the packaging. In this case the Client shall provide the Seller with photographic documentation by e-mail within 24 hours from receipt of the goods. The Seller will send the defective component free of charge. The replacements will be made to the shipping address included in the order (or any address provided in neighboring areas).
The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
8.1 The Seller shall face unlimited liability regardless of the legal ground
in case of intent or gross negligence,
in case of injuries of life, body, or health resulting from intent or negligence,
in case of a promise of guarantee, unless otherwise provided,
in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
8.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
8.3 For the rest, the Seller’s liability is excluded.
8.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.
9) Special conditions for repair services
If the seller is responsible for the repair of a customer’s item under the terms of the contract, the following shall apply:
9.1 Repair services shall be provided at the seller’s registered office.
9.2 The seller shall render his services at his discretion either in his own person or by qualified personnel selected by him. The seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer has no right to select a specific person to perform the desired service.
9.3 The customer must provide the seller with all information necessary for the repair of the item unless its procurement does fall within the seller’s scope of duties according to the contents of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at his own expense and risk. The seller recommends the customer to conclude a transport insurance for this purpose. Furthermore, the seller recommends the customer to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will immediately inform the customer of obvious transport damage so that the customer can assert any rights he may have against the transport company.
9.5 The return of the goods shall be at the customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the customer’s request, the seller will conclude a transport insurance for the goods.
9.6 The aforementioned regulations do not limit the statutory rights of the customer in the event of the purchase of goods from the seller.
9.7 The seller shall be liable for defects in the repair service provided in accordance with the provisions regarding statutory liability for defects.
10) Redemption of Campaign Vouchers
10.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter to as “campaign vouchers”) can be redeemed only in the Seller’s online shop and only within the indicated time period.
10.2 Campaign vouchers can be redeemed only by consumers.
10.3 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
10.4 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
10.5 Only one campaign voucher can be redeemed per order.
10.6 The goods value should at least be equal to the amount of the campaign voucher. The Seller will not refund remaining assets.
10.7 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
10.8 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
10.9 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
10.10 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
11) Applicable Law
The law of the Italian Republic shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Italian Republic, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Italian Republic, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client’s place of business is located.
13) Alternative Dispute Resolution
13.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
13.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.