1. INTRODUCTION
These general terms and conditions govern the sale of perfumes and products from Maison Montale to Customers who make purchases via the website https://montaleparfums.com/ita/it/ and the online shop hosted thereon.
The sale is carried out by MM Profumi S.r.l., the exclusive importer for Italy of all Montale-branded products, and is reserved for Consumers (natural persons acting for purposes unrelated to any business, commercial, craft or professional activity they may carry out) of legal age who are resident or, in any event, permanently domiciled in Italy.
Pursuant to Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety (GPSR), the entity responsible for placing the products described on the website https://montaleparfums.com/ita/it/ is the company CLD - Creation Luxe Design, with its registered office in France at 68 Rue Pierre Charron, 75008 Paris. This company operates as the exclusive worldwide licensee of the “Montale” brand, including within the European Union.
Before placing a purchase order, the Customer is required to read carefully the descriptions of the perfumes and goods in which they are interested and is also required to read, accept and keep a copy of the website’s Terms of Use (available at https://montaleparfums.com/ita/it/content/15-termini-d-uso ) and these General Terms and Conditions of Sale.
The Customer undertakes, amongst other things, not to resell the goods ordered and to use them exclusively for personal purposes.
Delivery of the goods ordered will be made exclusively within Italy.
The Seller reserves the right to update and amend the catalogues, offers and these General Terms and Conditions of Sale in line with any future developments in Montale products and the natural need to adapt commercial strategies to changes in the relevant markets. In any event, the specific terms and conditions of sale accepted by the Customer at the time of placing the order shall continue to apply to every purchaser.
The Seller also reserves the right, for promotional purposes, to provide Customers with free samples and demonstration items of Maison Montale products. These samples are intended solely for the personal use of the Customer who received them; they may not be sold in any way, nor do they entitle the Customer to any replacements or refunds.
2. THE SELLER
The Seller is the company MM Profumi S.r.l., with its registered office at Corso Giuseppe Garibaldi 50, Milan, tax code and VAT number 07593580967, registered in the Milan Companies Register under no. 07593580967, and with an operating unit (the Montale Boutique) located in Milan, Via Brera 6 (telephone 02 8355 2749; email boutiquemontalemilano@mmprofumi.it ).
3. CUSTOMER SERVICE
Customers and any interested parties may obtain information, clarifications and assistance regarding the products and offers in the Montale catalogue published on the website https://montaleparfums.com/ita/it/ , orders placed and these General Terms and Conditions of Sale by contacting MM Profumi S.r.l. at the following contact details:
- by email: ordinimontale@mmprofumi.it ;
- by telephone: +39 02 47768954 (during office hours, Monday to Friday).
4. PERSONAL ACCOUNT
To place orders, the Customer may either proceed as an unregistered guest or register on the website and create a personal account by providing the following information:
- first name and surname;
- date of birth;
- residential address;
- telephone number;
- email address;
- delivery address for the products ordered.
The Customer undertakes to provide accurate and up-to-date details and not to activate more than one personal account at the same time.
Access to and use of the personal account are restricted to the Customer in whose name it is held and are subject to the entry of a password chosen and set by the Customer.
The Customer undertakes to use a secure password, to keep it confidential, not to disclose it to third parties and to update it frequently.
The Customer further undertakes to ensure that no one else uses their personal account, and to promptly report to the Seller any unauthorised access or fraudulent use of their login details and personal data.
The Seller reserves the right to suspend access to the personal account at any time and to carry out any necessary checks regarding its use in accordance with these general terms and conditions of sale, informing the Customer of the suspension and the checks undertaken.
5. DELETION OF THE PERSONAL ACCOUNT
The Customer may, at any time, request the deletion of their personal account by sending an email to the following address: privacy@mmprofumi.it
Following the deletion of their account, the Customer will no longer be able to place orders on the online shop at https://montaleparfums.com/ita/it/ , unless they re-register or place an order as a guest without registering.
6. PRODUCT PRICES
6.1 SELLING PRICE
The selling prices of the products offered in the online shop operated by MM Profumi S.r.l. are quoted in euros and include all applicable taxes in accordance with Italian law.
Product prices do not include delivery charges which, where applicable, are payable by the purchaser.
Delivery charges may vary depending on the address provided by the customer during the online purchase process and are shown separately in the final summary displayed before the order is submitted and payment for the goods ordered is authorised.
The Seller reserves the right, as a promotional offer, not to charge customers for delivery charges relating to certain orders.
6.2 PRICE CHANGES
The Seller may, at any time, amend the prices of the products offered on its online shop, updating its catalogues and offers in line with any future developments in Montale products and the natural need to adapt commercial strategies to changes in the relevant markets. In any event, the price charged to Customers shall remain that communicated by the Seller at the time of the order.
6.3 PAYMENT METHODS
The purchaser may pay for the products ordered by credit card, via electronic payment systems or ‘cash on delivery’, with payment to be made to the courier upon receipt of the goods.
Payment by credit card may result in fees being charged by banking intermediaries and card-issuing institutions, as provided for in the specific contractual agreements between the payment service providers and their users. The Seller is not involved in these fees, which the Customer may find out about and verify by contacting their bank and the credit card issuers before placing the order.
Payment “on delivery” upon receipt of the goods entails an additional charge of €4.00 for each delivery, corresponding to the extra cost incurred by the Seller in carrying out this specific method of delivering the goods and collecting the relevant payments. Any such additional charge will be highlighted in the final summary displayed before the order is submitted.
The Seller reserves the right to suspend delivery of the products and/or to cancel the Customer’s order if, for any reason, payments are not successfully processed or if the contact details provided by the Customer are incomplete or incorrect.
7. CONCLUSION OF THE CONTRACT
The Seller reserves the right to accept or reject orders placed by Customers.
The contract shall be deemed to have been concluded when the Customer receives, at their email address, confirmation of the order from the Seller.
The order confirmation includes a summary of the order received, with a link to the General Terms and Conditions of Sale accepted by the Customer, and a breakdown of the charges incurred.
Registered Customers may view a summary of their orders at any time by accessing the relevant section of their personal account.
8. PRODUCT AVAILABILITY
The Seller reserves the right to update and amend the catalogues of products for sale and the related offers at any time, providing up-to-date information on available goods.
Should the products ordered be temporarily unavailable, despite constant monitoring of supplies and stock levels, the Seller will inform the Customer of such unavailability as soon as possible, offering them the option to postpone delivery or to replace the ordered goods with alternative products of similar quality and value, as agreed with the customer service department . Should the Customer not accept a postponement of delivery or alternative products, the order shall be deemed cancelled and the Seller shall, without delay, refund any sums already paid by the Customer, by initiating the refund procedures described in Article 10.4 below.
9. DELIVERY OF PRODUCTS
9.1 GEOGRAPHICAL SCOPE
The Seller delivers products exclusively within Italy, to the address specified by the buyer at the time of ordering
9.2 DELIVERY TIMES
The Seller undertakes to deliver the ordered products as quickly as possible, normally within seven working days of receiving the order and the relevant payment (where made by credit card or electronic payment methods) and, in any event, within thirty (30) working days of such events occurring.
Delivery is carried out by express couriers.
The risk of loss or damage to the goods shipped, for reasons not attributable to the Seller, passes to the Customer only when the Customer, or a third party designated by them and other than the courier appointed by the Seller, physically takes possession of the goods.
9.3 CHECKS TO BE CARRIED OUT BY THE CUSTOMER
Upon receipt of the goods ordered, the Customer is required to check that the packaging, wrapping and original seals affixed to each product are intact, and to report any anomalies immediately and in writing to the courier and the Seller.
9.4 REFUSAL BY THE CUSTOMER TO COLLECT THE GOODS ORDERED
Should the Customer refuse to accept the goods from the courier upon delivery, the contract shall be deemed terminated, and the Seller shall be entitled to charge the Customer for the costs incurred in dispatching the uncollected goods and returning them to the warehouses. These costs may be deducted from any refunds due from the Seller as a result of the termination of the contract.
10. RIGHT OF WITHDRAWAL
10.1 NOTIFICATION OF WITHDRAWAL
Pursuant to Articles 52 et seq. of the Consumer Code (Legislative Decree No. 206 of 6 September 2005) and subject to the exclusions and limitations set out in Article 10.2 below of these General Terms and Conditions of Sale, the Customer may, without being required to provide the Seller with any reason, give notice of withdrawal from the contract within fourteen (14) days of delivery of the products.
At the Customer’s discretion, notice of withdrawal may be given either:
- by completing and sending by email (to ordinimontale@mmprofumi.it ) or by post (addressed to Boutique Montale, Via Brera No. 6, 20121 Milan) the standard form attached to this contract as Annex A, or any other explicit statement of intent to withdraw;
- by using the online withdrawal function available in their personal account under the ‘Product Returns’ section. Following the use of this function, the Seller shall send the Customer, by email and without delay, a notification confirming receipt of the online notice, setting out the contents of that notice, as well as the date and time at which the Customer submitted it.
Any Customer who has paid for the goods in cash upon delivery by the courier is also required to provide the Seller, in writing, with the exact bank details (IBAN) of the current account held in their name into which they wish to receive the refunds referred to in Article 10.4 below.
10.2 EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
For reasons of hygiene and the protection of public health, linked to the specific nature of the products sold and their intended use, all goods ordered are delivered by the Seller in secure, sealed packaging. For the same reasons, the right of withdrawal cannot be exercised and the products delivered cannot be returned to the Seller if the packaging has been opened and/or if the seals affixed to it have been removed, tampered with or altered.
The Seller therefore reserves the right not to accept requests for withdrawal relating to products whose packaging and seals have been opened or tampered with.
10.3 OBLIGATIONS OF THE CUSTOMER EXERCISING THE RIGHT OF WITHDRAWAL – RETURN OF PRODUCTS
A Customer who withdraws from the contract is obliged to return the products received to the Seller without delay and, in any event, within fourteen (14) days of sending the notice of withdrawal, by posting them, at their own expense, to Boutique Montale, Via Brera No. 6 - 20121 Milan.
As specified in Article 10.2 above, the products must be returned in their original packaging, which must remain unopened and with the seals perfectly intact.
The parcel, sent at the Customer’s own expense and responsibility, must be accompanied by suitable protective packaging to safeguard the contents and must include the purchase receipt or a copy of the order.
The Customer remains responsible for the return of the goods and for ensuring they remain in perfect condition. For this reason, the Seller recommends using qualified express couriers or non-standard postal services.
10.4 OBLIGATIONS OF THE SELLER – REFUND OF PAYMENTS
The Seller is obliged to refund to the Customer who withdraws from the contract any payments received, including, where applicable, delivery charges, without undue delay and, in any event, within fourteen (14) days of receiving notice of withdrawal, by crediting the amount back to the card or other electronic payment method used at the time of the order. Where payment of the price was made in cash upon delivery by the courier, the refund will be made by bank transfer.
The Seller may, in any event, withhold the refunds due until it has received the goods returned by the Customer, or until the Customer has provided evidence of having dispatched such goods, whichever occurs first.
The Seller shall not be liable for any delays in credits being applied to the Customer’s card or bank account that are attributable to the conduct of the Customer’s bank or to the providers of the payment services and instruments used by the Customer.
If the recipient of the products indicated on the order form does not match the person who made the payment, any refunds due, in the event of the right of withdrawal being exercised, will be made by the Seller to the person who made the payment.
11. STATUTORY GUARANTEE OF CONFORMITY AND COMPLAINTS
Pursuant to Article 133 of the Consumer Code (Legislative Decree No. 206 of 6 September 2005), the Seller guarantees that the products sold comply with the contract for a period of two years from delivery.
The Customer may lodge complaints and report any defects in the products delivered by sending an email to ordinimontale@mmprofumi.it . In this email, the Customer must describe the nature of the defect found and specify their requirements.
Upon receipt of the written report, the customer service team will contact the Customer to agree on the arrangements for returning the goods to Boutique Montale, Via Brera No. 6 – 20121 Milan.
The Seller undertakes to carry out the checks and to respond to the Customer’s complaint as soon as possible and, in any event, within fourteen (14) working days of receiving the returned goods.
Any goods which, following the Seller’s checks, are found to be faulty or, in any case, not in accordance with the accepted order, will be replaced with new products that comply with the order, at no cost to the Customer and, in any event, subject to actual stock availability.
Should it not be possible to replace the defective products due to the unavailability of goods conforming to the order, the Customer may always request the termination of the contract and a refund of the amounts paid.
If the lack of conformity concerns only some of the goods delivered, the Customer may request the termination of the contract in respect only of the non-conforming goods.
12. INTELLECTUAL PROPERTY
All materials and content published on the website https://montaleparfums.com/ita/it/ (designs, models, illustrations, images, photographs, titles, names, product descriptions, logos, trademarks, etc.) are the exclusive property of CLD Creation Luxe Design, a company based in France at 68 Rue Pierre Charron, 75008 Paris.
Users of the website undertake to:
- not to copy, distribute, record, transfer to third parties, modify and/or publish, in any way and/or by any means, even in part, the content, catalogues, distinctive signs, trade marks, logos, texts, images, names and all other information accessible via the website;
- to use the website and its content and services in strict compliance with the law, the provisions set out in these General Terms and Conditions of Sale and the Terms of Use (available at https://montaleparfums.com/ita/it/content/15-termini-d-uso ), as well as the rules of good conduct.
CLD - Creation Luxe Design reserves the right to interrupt or suspend access to the website at any time, without prior notice, for security reasons and to prevent or stop the misuse of the information and content published on it.
13. PERSONAL DATA
Before providing their personal data, the Customer must carefully read the privacy policy available at
https://montaleparfums.com/ita/it/content/16-privacy-policy
By completing the registration process, the Customer confirms that they have read, fully understood and accepted in their entirety the privacy policy and the terms and conditions set out therein.
This document may be saved and/or printed by any data subject.
All personal data provided by Customers who register and create a personal account will be used to ensure the proper performance of contracts and the management of payments and refunds, and, in any event, in accordance with the authorisations granted by the Customers themselves.
14. GOVERNING LAW – DISPUTE RESOLUTION
Contracts entered into in accordance with these General Terms and Conditions of Sale are governed by Italian law and, in particular, by the provisions designed to protect consumers’ rights.
Pursuant to Article 66-quater of the Consumer Code (Legislative Decree No. 206 of 6 September 2005), for the out-of-court resolution of disputes arising from the proper performance of contracts, recourse may be had to the procedures set out in Part V, Title II-bis, of the Code.
The Seller shall, at the Customer’s request, provide information regarding the bodies authorised to handle the out-of-court resolution of disputes.
This is without prejudice to the Customer’s right to bring the matter before the competent ordinary court.
Appendix A
STANDARD FORM FOR NOTIFICATION OF WITHDRAWAL
Addressee: Boutique Montale, Via Brera No. 6 - 20121 Milan
I, the undersigned ----------------, born in -----------, resident at ------------- -,
in relation to order no. --------------, placed via the website https://montaleparfums.com/ita/it/
on --------------, accepted by MM Profumi S.r.l. with an order confirmation dated -----------
hereby gives
notice of my intention to withdraw from the aforementioned sales contract.
I confirm that my email address is ------------
and that my telephone number is ---------------
Date --------
Signature ----------
