1. Ownership of the site
The website www.mondonotebook.it is owned by Click Help Sas with registered office in Via Luigi Settembrini, 29 - 90145 Palermo - PI 05587220822, registration in the Palermo Business Register n. 264247- (hereinafter "Click Help"), and is aimed at the retail sale of products and services online.
2. Scope of application
These general conditions of sale (hereinafter "General Conditions of Sale") govern the sale of products and services on the site www.mondonotebook.it (hereinafter "Site") in the version published at the time of the order.
These General Conditions of Sale together with the conditions regarding the methods of payment and delivery of the goods, form an integral part of the sales contract concluded between the Customer and Mondonotebook.
The offer of products and services on the website www.mondonotebook.it is addressed exclusively to individuals and legal entities, who do not trade them as part of a commercial activity.
Mondonotebook does not sell products to minors, who can proceed with the purchase of products only by involving a parent or guardian; the Customer assumes all responsibility resulting from any untrue information in this regard.
Mondonotebook invites the Customer to carefully read these General Conditions of Sale before proceeding with any purchase, to print them or in any case to keep a copy.
By making any purchase according to the methods provided on the Site, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale, payment and delivery.
3. Applicable law
The purchase and sale of products and services by electronic means is governed by articles from 45 to 67 "Consumer rights" of Legislative Decree 6 September 2005 n. 206 (Consumer Code) and subsequent amendments and by Legislative Decree 9 April 2003 n. 70 on electronic commerce.
The sales contract stipulated between the Customer and Click Help will be governed and interpreted in accordance with Italian law.
4. How to purchase
4.1. In order to make purchases, the Customer must be registered on the Site, can do so in advance or during the purchase process.
4.2. The presentation of products and services on the Site constitutes an invitation to purchase.
4.3. The Customer can purchase the products visible at www.mondonotebook.it, illustrated on the homepage of the Site within the respective sections by product category, as described in the relevant information sheets.
4.4. Orders that require invoicing and delivery on the Italian territory and also abroad are accepted.
4.5. The products published on the Site can be:
a) Available: That is physically in stock and therefore, as such, can be ordered by the Customer. The "available" products can be new or refurbished, in the latter case it will be appropriately specified.
b) Not available in stock: In this case the product cannot be ordered by the Customer and, if he wishes, he can leave his e-mail address to be notified if the product itself will be available again;
c) On order: In this case the product can be ordered by the Customer even if it is not physically available in the warehouse. Click Help will order the item chosen by the Customer from its supplier. The times required for the receipt of these products by Click Help vary between 3 and 20 Business Days, and are however expressly indicated in the descriptions.
4.6. When the purchase order is placed, the Customer has the possibility to choose the Payment and Delivery Method he prefers. The Customer's purchase order will therefore be considered as a contractual purchase proposal addressed to Click Help for the products listed, each considered individually. Upon receipt of the purchase order, Click Help will automatically send an email confirming taking charge of the order ("Preparation in progress"). The Acceptance of the Order does not constitute acceptance of the Customer's purchase proposal. By sending the Order Receipt, Click Help only confirms that it has received the order and has submitted it to the process of verifying the data, the availability of the products requested by the Customer and the payment according to the method chosen by the Customer. The Customer undertakes to verify the correctness of the data present in the e-mail confirming the Acceptance of the Order and to promptly report any system errors to Click Help.
The order confirmation e-mail contains the order number and the links to access the personal area where it is possible to review the order history and shipment tracking.
4.7. The sales contract between the Customer and Click Help will only be concluded when Click Help sends the Customer a separate "Order Confirmation" e-mail containing the information relating to the details of the order:
order number and date, chosen payment method, item/s purchased, price, type of shipment and related cost, delivery and billing addresses. Another email "Order shipped" will follow to inform the customer about the status of the shipment with the relative link to the online tracking.
In any case, the Customer's right of withdrawal is subject to the terms and conditions set out in the section on the Site "Right of withdrawal ".
4.8. Click Help, due to the nature of the internet, cannot guarantee uninterrupted access and the absence of errors in the transmission of services. Furthermore, access to the Site and/or to the services offered by Click Help may occasionally be suspended or limited to allow for repairs, maintenance or the introduction of new products or services. Click Help will attempt to limit the frequency and duration of such suspensions and/or limitations.
4.9. Until the moment in which the "Order Shipped" email referred to in art. 4.7. above, Click Help will not be liable for any delay or non-fulfillment (including the cancellation of taking charge of the order) to the obligations provided for in these General Conditions of Sale and in the Payment and Delivery Methods, if the delay or non-fulfillment derive from unforeseeable circumstances or force majeure. This provision does not affect the Customer's rights under the law and in particular the Customer's right to receive the purchased products within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances arising from unforeseeable circumstances or due to force majeure.
5.1 The products, prices and conditions of sale on the Site within the limits of their availability, constitute an offer to the public for the consumer and, therefore, require, for the conclusion of the contract, the acceptance of the same consumer, manifested by completing all the sections correctly and joining online, following the instructions at checkout and, lastly, by selecting and then accepting (flag) the box relating to acceptance of the conditions of sale.
5.2 For customers other than consumers, on the other hand, product orders are expressly declared irrevocable during the entire time foreseen for delivery and, in any case, for 30 days from the date of the order.
5.3 In any case, the total cost of the shipment to the customer's home is borne by the customer, except for exceptions and exceptions that will be specifically advertised on the site. The cost will in any case be made known to the customer before confirming the purchase.
5.4 In the hypothesis sub 5.2, the irrevocable purchase proposal is finalized through the exact compilation and the consent to the purchase expressed through the adhesion given "on-line", following the instructions on the screen and, lastly, selecting (flag) the box relating to the acceptance of the conditions of sale.
5.5 All customers can pay for the ordered goods using the payment methods indicated at the time of purchase.
5.6 The prices of the different types of transport refer to the overall weight, the delivery destination and/or any other services requested (insurance, delivery times, etc.).
5.7 In the case under 5.2, the receipt of the order does not bind Click Help Sas until the same has expressly accepted the order in writing or with the shipment of the goods.
5.8 The buyer expressly attributes to Click Help Sas the right to accept, even partially, the order placed, allowing the direct shipment of the goods within the limits determined by the seller. In this case the contract will be considered perfected in relation to the goods actually sold.
5.9 The sales prices of the products published on the Site include VAT and WEEE Eco-contributions.
6.1 Click Help Sas will deliver to customers, at the address indicated by them, the products selected and ordered, in the manner provided for in the previous article, by couriers.
6.2 In the event that the payment is made by credit card, the delivery must necessarily take place at the domicile of the cardholder, as declared to the issuer.
6.3 The purchased goods will be delivered within the terms provided for by Article 6 of Legislative Decree 185/1999. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
6.4 The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously subject to the right of withdrawal, the customer must sign the delivery documents.
6.5 Click Help Sas is not responsible for damage or delays in delivery caused by the carrier to the products purchased, remaining totally unrelated to the relationship between the carrier and the customer.
6.6 The customer can choose another carrier, obviously it being understood that in this case the transport will take place at his own risk, care and expense, and that the payment cannot be made on delivery, but, in addition to the other methods indicated on the site, by advance payment.
7.1 Click Help Sas assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, execute the contract within the agreed time frame.
7.2 Click Help Sas will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
7.3 Click Help Sas is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. Click Help Sas, in fact, at no time during the purchase procedure is able to know the buyer's credit card number which, by opening a secure connection, is transmitted directly to the bank service manager.
8. Guarantees and Customer Support
8.1 Click Help Sas sells high quality products. The producers of these goods offer a guarantee whose minimum duration depends on the type of product purchased. The guarantee starts from the day the goods are purchased. This service is provided directly by the manufacturers of the goods, which are directly and exclusively responsible for the times and methods of intervention.
8.2 At the time of the order and, in any case, before the conclusion of the contract, at the request of the consumer, Click Help Sas will communicate the warranty conditions provided directly by the manufacturers.
8.3 In the event that there is a need for an intervention covered by the guarantee and the purchase was made by a consumer, the transport costs at Click Help Sas and those of returning to the applicant's home will be charged to the customer itself, unless otherwise specified in the return form, which must be completed, signed and delivered together with the asset.
8.4 In the absence of compilation, signature and/or delivery of the return form, the goods will not be accepted and, therefore, subject to technical intervention.
8.5 In the event of a lack of conformity, the rules referred to in articles 1519 bis and following of the civil code will apply.
8.6 In the event that the purchase was made by a professional user, the Consumer Code will not apply and the warranty conditions concerning all defects in the purchased product will be governed and managed directly by the manufacturer, with the exclusion of any burden to be borne by Click Help Sas, including any expenses related to transport.
9. Obligations of the buyer
9.1 The consumer undertakes and undertakes, once the purchase procedure is completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the current legislation.
9.2 These general conditions can be updated or modified at any time by Click Help Sas, which will communicate it through its website. The consumer undertakes and obliges, whenever there is a modification of these general conditions, to provide for their printing and storage.
9.3 it is strictly forbidden for the purchaser to enter false and/or invented and/or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
9.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Click Help Sas reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
9.5 The Customer indemnifies Click Help Sas from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, since the Customer himself is solely responsible for the correct insertion.
10.1 By filling in the appropriate space on the website, the Customer authorizes Click Help Sas to use their credit card, or other card issued to replace it, and to debit their current account in favor of Click Help Sas the total amount shown as the cost of the purchase made. The whole procedure is done through an encrypted connection directly connected to the bank owner and manager of the payment service, to which Click Help Sas cannot access.
10.2 If the consumer makes use of the right of withdrawal or in any case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card.
11. Contract termination and express termination clause
11.1 Click Help Sas has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid.
11.2 The obligations assumed by the customer, as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling, without prejudice to the right of Click Help Sas to take legal action for compensation for further damage.
12. Jurisdiction and competent court
12.1 Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated online through the website www.mondonotebook.it is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree no.50 of 15.1.1992 and Legislative Decree no.185 of 22.5. 1999.
12.2 For the resolution of any civil disputes arising from the interpretation, execution and termination of this distance sales contract, if the Customer is a consumer (i.e. a natural person who purchases the products not for purposes related to his professional activity ) the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in Italy (Article 63 of Legislative Decree 205/2006); for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Palermo.
The Customer is informed that, pursuant to EU Regulation no. 524/2013 and of Legislative Decree 6 August 2015 n. 130, the European Commission established an online platform for the resolution of ODR disputes ("online dispute resolution ") deriving from the online purchase of goods, accessible via the following link: ec.europa.eu/consumers/odr/
Click Help Sas does not adhere to any ADR body pursuant to art. 141-bis and ss. of the Consumer Code.
13. Changes to the general conditions of sale
Click Help Sas reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Customer will be subject to the policies and terms of the General Conditions of Sale from time to time in force when ordering products from Click Help Sas, unless any changes to these policies and terms are required by applicable law or by the competent authorities. (in which case, they will also apply to orders that the Customer has previously placed). If any provision of these General Conditions of Sale is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
Any changes and/or additions will be effective from the date of publication of the same on the website www.mondonotebook.it.