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Terms and Conditions

Terms of use of https://desizomonni.com/ website

These General Terms and Conditions govern the relationship between Desiso Moni Retail S.A., hereinafter referred to as "Merchant", on the one hand, and the Users of the websites and services located on the website https://desizomonni.com/, hereinafter referred to as "Users", on the other hand.

Desiso Moni Retail AD is a company registered under the Commercial Law of the Republic of Bulgaria with UIC 204244826 address gr. Pleven, ul. Grivisko shose 6, email address [email protected], telephone +359877521710

Please read the published Terms and Conditions in full before using the information and commercial services offered on the Site (hereinafter referred to as the Services).

This document contains information about the activities of Monni Milano Retail AD and the general terms and conditions for the use of the services provided by Monni Milano Retail AD, governing the relationship between us and each of our users.

Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of the contract between the User and the Merchant.

By accepting the General Terms and Conditions, the User agrees to the processing of his personal data on the basis of the contract concluded between him and the Merchant.

Definitions

For the purposes of these General Terms and Conditions, the following terms are to be understood in the following sense:

Website - https://desizomonni.com/ and all its subpages.

Consumer - any natural person who acquires goods or uses services which are not intended for carrying out a commercial or professional activity, and any natural person who, as a party to a contract under this Act, acts outside his commercial or professional activity.

Terms and Conditions - these Terms and Conditions, which include terms of use, cookies, registration and shipping rules, voluntary dispute resolution, cancellation and exchange forms, and any other legally relevant information found on the Site.

Personal data - information about an individual that reveals his or her physical, psychological, mental, family, economic, cultural or social identity.

Goods - movable tangible property, with the exception of goods sold under enforcement or by other measures by bodies authorized by law, as well as goods abandoned or confiscated for the benefit of the state, declared for sale by state bodies. Water, gas and electricity, when offered for sale, packaged in a limited volume or quantity, are also goods.

Sales contract - a contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price for them, including contracts having as their object both goods and services.

Alternative consumer dispute resolution procedure - a procedure for out-of-court resolution of consumer disputes meeting the requirements of this Act and implemented by an alternative consumer dispute resolution body.

Services provided

1. On the Site, Users have the opportunity to conclude contracts for the purchase and sale of the goods offered by the Merchant.

Order

2. Users use the website interface to enter into contracts with the Merchant for the goods offered.

2.1. The contract for the purchase and sale of goods shall be deemed to have been concluded from the moment of confirmation of the order by the Merchant

2.2. In the event of a lack of availability of an item, the Merchant reserves the right to refuse the order.

2.3. After selecting one or more goods offered on the Merchant's website, the User must add the same to his list of goods for purchase.

2.4. It is necessary for the User to provide details for delivery and to select the method and time of payment of the price, then confirm the order through the interface of the site.

2.5. When placing an order, the User receives an email confirmation that his order has been accepted.

3. The Merchant has the right to refuse to conclude a contract with an incorrect User.

3.1. The Merchant has the right to treat a User as incorrect in cases where:

there is a failure by the User to comply with the Terms and Conditions;
unfair, arrogant or rude treatment of the Merchant's representatives is found;
systematic abuses by the User against the Merchant have been established.

Prices

4. The prices of the goods offered are those indicated on the Merchant's website at the time of ordering, except in cases of obvious error.

4.1. The prices of the Goods include VAT, in cases where it is provided for.

5. The trader reserves the right to change the prices of the goods offered on the site at any time and without notice, such changes will not affect orders already placed.

6. The Merchant may provide discounts for the goods offered on the Site, in accordance with Bulgarian law and rules set by the Merchant. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts may be provided in various forms (e.g. promotions, loyalty discounts, provided individually, randomly or as a result of participation in a competition or customer survey).

6.1. Different types of discounts cannot be combined when ordering and purchasing the same goods.

Payment

7. When the User returns goods with the right to a refund for any reason, the price subject to refund shall be reduced by the value of the discount applied to the goods and only the amount actually paid shall be refundable.

8. The user can pay the price of the ordered goods using one of the options listed on the website. On the Website it is possible to pay by the following methods:

  • cash on delivery
  • bank transfer
  • by credit or debit card

9. If the User chooses the option of delivery by courier and payment on delivery, he must pay the price of the ordered items together with the courier's delivery cost upon receipt of the goods.

10. If the User chooses a payment method involving a third party payment service provider, the User may be bound by the terms and conditions and/or fees of such third party.

11. The Merchant shall not be liable if a payment method involving a third party payment service provider is unavailable or otherwise not functioning due to reasons that cannot be attributed to the Merchant.

Withdrawal and replacement

12. The User has the right to withdraw from the contract without giving any reason, without compensation or penalty within 14 days from the date of acceptance of the goods by the User or by a third party.

13. In order to exercise its right under this clause, the User must unambiguously notify the Merchant of its decision to withdraw from the contract, individualizing the goods it wishes to return by providing all details of the order and delivery made, including but not limited to: content and value of the order, details of the person who made the order, details of the person who accepted the delivery and date of delivery.

14. The trader shall publish on its website a form for exercising the right of withdrawal.

15. To exercise the right of withdrawal, the Trader shall provide the User with the choice of completing and submitting electronically via the website the standard withdrawal form or other unambiguous application. In such cases, the Merchant shall immediately send the User an acknowledgement of receipt of his/her withdrawal on a durable medium.

16. The User is obliged to return the goods at his own expense, together with the receipt and the invoice, if any, handing them over to the Merchant or to a person authorized by the latter, within 14 days from the date on which the User has exercised his right of withdrawal from the contract.

17. Upon return, the goods must be in their original packaging, without signs of use or damage to the commercial appearance.

18. The trader has the right to postpone the refund until the goods have been received back or until proof has been provided that the goods have been sent back, whichever is the earlier.

19. In the event that the User fails to fulfill his obligation to return the goods without notifying the Merchant of the delay and without providing a valid reason for the same, he shall be deemed to have withdrawn his statement of exercise of withdrawal from the contract.

20. Where the Merchant has incurred costs in connection with the performance of the Contract and the User withdraws from the Contract, the Merchant shall be entitled to retain the relevant amount for the costs incurred or to demand payment thereof.

21. The User shall not be entitled to withdraw from the Contract in the event that:

22. The Trader shall refund the price paid by the User for the returned goods.

22.1. If the consumer has made a payment under the contract with a bank card and has exercised his right to withdraw from the contract, the refund shall be made by ordering a reverse transaction on the card with which the payment was made within 7 working days.

Warranties and claims

23. The consumer has the right to claim for any non-conformity of the goods or services with the agreed/ordered, when, after delivery, discrepancies with the contract of sale are found.

24. The trader is not responsible for the natural wear and tear of the goods.

25. Any non-conformity of the consumer goods with the contract of sale which becomes apparent within 6 months after delivery of the goods shall be deemed to have existed at the time of delivery, unless it is proved that the lack of conformity is due to the nature of the goods or to the nature of the non-conformity.

26. The consumer may not contest the conformity of the consumer goods with the contract of sale where:

  1. knew or could not have been unaware of the discrepancy when the contract was entered into;
  2. the discrepancy is due to materials provided by the user.

27. The consumer has the right to claim the goods or services, regardless of whether the manufacturer or trader has provided a commercial guarantee for the goods or services.

28. When the satisfaction of the complaint is made by replacing the goods with another, corresponding to the agreed, the Trader will keep the consumer the original warranty conditions.

29. When making a claim, the consumer may claim a refund of the amount paid, replacement of the goods with another, corresponding to the agreed or a discount on the price.

30. Complaints shall be made verbally to the telephone number indicated by the Merchant or in writing via the email address indicated, by post or submitted to the address of the Company. The Merchant shall make a claim form available on its website.

31. When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, respectively the amount claimed, and the address, telephone number and email for contact.

32. When submitting a claim, the consumer must attach the documents on which the claim is based, namely:

  1. receipt or invoice;
  2. protocols, acts or other documents establishing the non-conformity of the goods with the agreed;
  3. other documents establishing the basis and amount of the claim.

33. A claim for consumer goods may be made within two years of the delivery of the goods, but not later than two months after the non-conformity with the contract has been established.

34. The time limit stops running during the time it takes for the seller and the consumer to reach an agreement to resolve the dispute.

35. If the Trader has provided a commercial guarantee of the goods and the term of the guarantee is longer than the terms for filing a claim under par. 1, the claim may be made until the expiry of the commercial guarantee.

36. The filing of a claim shall not preclude a claim.

37. The trader shall keep a register of claims. A document shall be sent to the User at the email address indicated by the User, in which the number of the claim from the register and the type of goods are indicated.

38. When the Merchant satisfies the complaint, he shall issue a certificate to that effect, which shall be drawn up in duplicate, and shall necessarily provide one copy to the User.

39. The trader in case of a justified complaint shall bring the goods into conformity with the contract of sale within one month from the submission of the complaint by the consumer.

39.1. If the goods have not been repaired after the expiry of the period under the preceding paragraph, the Consumer shall have the right to cancel the contract and to be refunded the amount paid or to request a reduction in the price of the consumer goods pursuant to Article 114 of the Consumer Protection Act.

39.2. Bringing the consumer goods into conformity with the contract of sale is free of charge for the User. He shall not be liable for the costs of dispatch of the consumer goods or for materials and labour relating to their repair and shall not suffer any significant inconvenience.

40. In case of non-conformity of the consumer goods with the contract of sale and when the Consumer is not satisfied with the resolution of the complaint, he has the right to choose between one of the following options:

  1. cancellation of the contract and refund of the amount paid by him
  2. price reduction.

41. The consumer may not claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with new ones or to repair the goods within one month of the consumer's complaint.

42. The trader shall be obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer when, after having satisfied three claims of the consumer by repairing the same goods within the warranty period, there is a subsequent occurrence of non-conformity of the goods with the contract of sale.

43. The consumer may not claim cancellation of the contract if the non-conformity of the consumer goods with the contract is insignificant.

Intellectual property

44. The intellectual property rights in all materials and resources located on the Merchant's website (including the available databases) are protected under the Copyright and Related Rights Act, belong to the Merchant or the appropriately designated person who has assigned the right of use to the Merchant, and may not be used in violation of applicable law.

45. In case of copying or reproduction of information outside the permissible, as well as in case of any other violation of intellectual property rights on the Merchant's resources, the Merchant is entitled to claim compensation for direct and indirect damages in full.

46. Except where expressly agreed, the User may not reproduce, modify, delete, publish, distribute or otherwise disclose the information resources published on the Merchant's website.

47. The Merchant undertakes to exercise due diligence to ensure the User's ability to access the services provided.

48. The trader reserves the right to suspend access to the services provided. The Merchant has the right, but not the obligation, at its discretion to delete information resources and materials published on its website.

Termination and cancellation of the contract

49. The Merchant shall have the right to terminate the contract unilaterally at its own discretion, without giving notice, if it finds that the services provided are used in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria and generally accepted moral norms.

50. Except in the cases provided for in these General Terms and Conditions, the contract between the parties shall also be terminated if the Merchant ceases to operate or ceases to maintain its website.

51. Except as provided above, either party may terminate this Contract by giving one week's notice to the other party in the event of default under the Contract.

52. The written form of the contract shall be deemed to have been complied with by sending a message by electronic mail (e-mail), pressing an electronic button on a page with content that is filled in or selected by the User or ticking a box (check box) on the website, etc., as long as the statement is recorded technically in a way that allows it to be reproduced.

Rescue clause

53. The parties declare that if any clause(s) of these Terms and Conditions shall prove to be invalid, this shall not invalidate the whole or any other part of the contract. The invalid clause will be superseded by mandatory rules of law or established practice.

Modification of General Terms and Conditions

54. The Merchant is obliged to notify Users of any amendment to these General Terms and Conditions within 7 days of the occurrence of such circumstance to the email address provided by the User.

55. Where the User does not agree with the amendments to the General Terms and Conditions, the User shall have the right to withdraw from the contract without giving any reason and without being liable to compensation or penalty. In order to exercise this right, the User shall notify the Merchant within one month of receipt of the notice referred to in the preceding Article.

56. In the event that the User does not exercise his right to withdraw from the contract in accordance with the procedure set out in these General Terms and Conditions, the amendment shall be deemed to have been accepted by the User without objection.

Applicable law

57. The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.