Terms and Conditions
1.- RIGHT TO INFORMATION
These legal notes define and regulate the use of the website www.menaboh.com (hereafter the “Site”) and the sale of products and online services offered on the Site (hereafter the “Services”) by Menabòh s.r.l. with registered office in Levane (AR), via della Resistenza 6, Fiscal Code/Part. Iva 02406260519 (hereinafter “Menabòh” or also the “Company”), to the user (hereinafter the “Client” or “User”). Access to the Website and/or its use confers on the User the status of User and implies full and unreserved acceptance, as of such access and/or use, of the following general conditions of sale (hereinafter the “General Conditions”).
The Legal Notes are to be considered valid and effective until amended and/or supplemented by Menabòh on the Site. Any amendments and/or additions to the Legal Notes shall be effective as of the date of publication on the Site and shall apply to sales made as of the relevant date. The latest updated version of the Legal Notes is the one that can be found in the specific section of the Site.
2.- USE OF THE WEBSITE
The User assumes full responsibility for the use of the Web Site. The Web Site provides access to a large number of texts, graphics, drawings, photos, multimedia content and information (hereinafter referred to as “CONTENT”) belonging to Menabòh or third parties, which the User can access.
You agree to make appropriate use of the Content and Services offered through the Web Site and, by way of example, but not limited to, not to use them for:
- engage in unlawful, illegal activities or activities contrary to good faith and public order
- cause damage to the physical and logical systems of the Menabòh Web Site, its suppliers, or third parties;
- Introduce or spread computer viruses or any other physical or logical systems into the network that may cause the above-mentioned damage;
- Try to access, use and/or manipulate data from Menabòh, third-party vendors or other Users;
- reproducing or copying, distributing, allowing public access through any mode of public communication, transforming or modifying the Content, except when authorized to do so by Menabòh;
- delete, conceal or manipulate Content subject to intellectual or industrial property rights and other data identifying such rights of Menabòh or third parties included in the Content, as well as technical protection devices or any information mechanism that may be included in the Content.
Menabòh reserves the right to investigate and report all the aforementioned conducts in accordance with the current Legislation, as well as to cooperate with the authorities in the investigation related to such conducts.
Menabòh may temporarily suspend without notice the accessibility of the Web Site in order to perform maintenance, repair, upgrade or improvement operations. However, whenever circumstances permit, Menabòh will notify the User in good time of the date on which the suspension of the Services is planned. Menabòh cannot be held responsible for the use that Users may make of the Content available on the Web Site.
3.- INTELLECTUAL PROPERTY
All intellectual property rights relating to the Content of this Web Site and its layout are the exclusive property of Menabòh or a third party that has authorized its use. Menabòh therefore reserves the exclusive exercise of the relevant rights of use.
Menabòh does not grant any license or permission for use of any kind concerning its intellectual and industrial property rights or any other property or rights relating to the Web Site, its Services or its Content.
The legitimacy of intellectual or industrial property rights relating to the Content provided by Users is the sole responsibility of the latter. Therefore, the User agrees to hold Menabòh harmless from any third-party claims arising from the illicit use of the Website Content.
4.- LIABILITY AND GUARANTEES
Menabòh declares that it has taken all necessary measures, within the limits of its possibilities and the state of technology, to ensure the proper functioning of the Web Site and the absence of viruses and harmful elements. However, Menabòh cannot be held responsible for the following:
(i) the continuity and availability of the Content and Services;
(ii) the absence of errors in such Content and the correction of any defect that may arise;
(iii) the absence of viruses and/or other harmful elements:
(iv) the damage or harm caused by any person who breaches Menabòh’s security systems.
Menabòh assumes no responsibility for external links on the Website, which may direct the User to other websites over which Menabòh exercises no control whatsoever. Therefore, the User accesses under his/her sole responsibility the Content and the conditions of use therein.
5.- DURATION AND MODIFICATION
These General Conditions shall apply indefinitely, and Menabòh may make changes to the conditions specified herein, which shall take effect upon their publication.
Menabòh may delete, add, or change both the Content and the Services offered, as well as the manner in which they are presented or located on the Web Site. The conditions published at the time the User accesses the Menabòh Web Site shall be considered valid.
Access to and/or use of the Web Site implies User’s acceptance of these Legal Notices, their terms and conditions, and any changes made to them.
1.- WHO IS RESPONSIBLE FOR THE PROCESSING OF USER DATA?
The person responsible for the processing of the User’s personal data is Menabòh s.r.l. with registered office in Levane (AR), via della Resistenza 6, Fiscal Code/Part. Iva 02406260519 (hereinafter “Menabòh” or also the “Company”).
2.- WHY IS MENABOH AUTHORIZED TO PROCESS DATA?
Menabòh is authorized to process data in order to provide its services, but also by virtue of the consent that the User has provided when registering on the Website.
Menabòh takes the protection of privacy and personal data very seriously. Therefore, the User’s personal information is stored securely and treated with the utmost care.
3.- FOR WHAT PURPOSES DOES MENABOH PROCESS PERSONAL DATA?
Personal data collected by Menabòh may be used for the following purposes:
The provision of the services offered in the Website.
The sending of commercial communications from Menabòh regarding its services by letter, telephone, e-mail, SMS/MMS, push notifications or other equivalent means of electronic communication, provided that the User has consented to the processing of his/her personal data for this purpose.
The User also consents to the processing of his/her data for profiling and segmentation purposes. The mentioned processing may have as its purpose both the analysis and creation of statistics to know the traffic and use of the Website by Users, and the definition of their tastes and preferences, in order to send them promotional information in line with their interests.
However, the User may revoke his/her consent at any time, in any commercial or advertising communication received, by notification to the e-mail address email@example.com or by letter addressed to Menabòh s.r.l. with registered office in Levane (AR), via della Resistenza 6, Italy.
4.- TRUTHFULNESS OF DATA PROVIDED BY USERS
The User guarantees that the personal data provided is true and assumes the responsibility to notify Menabòh of any changes made to it. The User shall in all cases be responsible for the truthfulness of the data provided, and Menabòh reserves the right to exclude from the registered Services any Users who have provided false data, regardless of other actions applicable by law.
5.- DATA RETENTION
The personal data provided will be kept by Menabòh until the User expresses a desire to unsubscribe from Menabòh’s services in order to send information related to the company’s products.
6.- USER’S RIGHTS REGARDING THEIR DATA
The User has the right to:
(i) access their personal data;
(ii) request the correction of inaccurate data;
(iii) request the deletion of inaccurate data;
(iv) request the restriction of the processing of its data;
(v) object to the processing of its data;
(vi) request portability of its data;
(vii) exercise its right to be forgotten.
You may exercise all of these rights at the e-mail address firstname.lastname@example.org, stating the reason for your request and attaching a copy of your ID card to prevent third parties from gaining undue access to your personal information.
The User may also send his request by regular mail to the following address:
via della Resistenza 6,
52025, Levane (AR), Italy.
Regardless of any other administrative recourse or legal action, the User shall have the right to file a complaint with a Supervisory Authority, particularly in the Member State in which his/her habitual residence, place of work or the place of the alleged infringement is located, if he/she believes that the processing of his/her personal data is not in compliance with the regulations, as well as if the exercise of his/her rights has not been respected. The Supervisory Authority to which the complaint was submitted will inform the complainant of the status and outcome of the complaint.
7.- DATA SECURITY
The protection of Users’ privacy and personal data is of utmost importance to Menabòh. Therefore, Menabòh does everything in its power to prevent the inappropriate use of data, allowing access only to authorized personnel.
Menabòh maintains security levels with respect to the protection of personal data in accordance with applicable regulations and has implemented all technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by the User through the Website, it being understood that security measures on the Internet are not infallible.
Menabòh is committed to fulfilling its obligation of secrecy and confidentiality relating to personal data in accordance with applicable legal provisions, as well as to ensuring the secure processing of data during any international data transfers and assignments that may occur.
In online services that require registration as a User, a password must be chosen. It is the User’s responsibility to ensure the confidentiality of the password and all activities that take place in the session initiated with his/her User name and password. The User agrees to inform Menabòh as soon as possible of any unauthorized use of his/her User name and/or password, as well as any other breach of security. Menabòh shall not be held liable for any damages or losses resulting from the User’s failure to comply with this obligation.
10.- ACCEPTANCE AND CONSENT
GENERAL CONDITIONS OF SUBSCRIPTION TO SERVICES
Menabòh offers the Customer two different modes of Services accessible through the Site:
Surprise Box – this service provides, against payment of a certain price, the analysis of the tastes and stylistic preferences of the Customer who has subscribed to it, and the elaboration of a series of conclusions in this regard (hereinafter referred to as the “Analysis Service”). Menabòh will charge the amount corresponding to such analysis at the time the order is placed. The Analysis Service is completed by the delivery, to the address indicated by the Customer, of a box containing a look consisting of N items of clothing (Menabòh reserves the option to decide on the number of items) and accessories chosen by the Menabòh team based on the information provided by the Customer (hereinafter the “Occasional Service”);
E-commerce Classic – this service allows the Customer who has purchased his or her first surprise box to purchase, directly on the Site, in the appropriate section E-commerce Classic the products from time to time offered by third parties (hereinafter, respectively, the “Partner’s Products” and the “Partner”) directly on the Site. Menabòh reserves the eventual right to expand the Classic E-commerce platform also to those who have not purchased surprise boxes.
Menabòh reserves the right to provide and introduce in the platform an ongoing service that allows the Customer to activate the subscription to receive periodically, according to one of the subscription formulas offered.
1. Surprise Box Service
Within 7 (seven) days after delivery of the Box, the Customer must decide whether to keep the entire Box or return it. The options are:
The Customer keeps all items and does not require a return. It will be understood that the Customer wishes to keep all items if within the above period he/she has not notified Menabòh of a different intention.
The Customer shall not keep any items. The Customer shall notify Menabòh that he/she does not wish to keep any items via the appropriate function in his/her Menabòh user profile (the Checkout) and send Menabòh the items he/she does not wish to keep.
To proceed with the return of the items, the Customer must complete the Checkout process in his or her reserved area of the Menabòh website, place the items in the courier’s return envelope by affixing the appropriate label, contact the courier according to the directions provided on the Menabòh website or in the communications received by email, in each case, send the return envelope to Menabòh. Items must be returned in perfect condition with all labels attached.
2 Classic E-commerce Service
Should the Customer have purchased their first surprise box, they will be able to access the Classic E-commerce section. Menabòh reserves the right to extend access to this section.
1.2.1 Purchasing Products
The Customer, by connecting to the Site, can view in the appropriate Shop section all the Products available for purchase, select those of interest and add them to the “shopping cart”.
In the “Shopping Cart” section, The Customer can:
(i) check the Products added to the cart, their purchase price and the total cost of the shopping;
(ii) add or delete selected Products by clicking on their symbols;
(iii) proceed to purchase the Products;
The amount of the charge will be debited only upon Menabòh’s acceptance of the purchase order, as set forth in Section 1.2.3.
1.2.2. Purchase order
The purchase order completed by the Customer, following the procedure set forth in the preceding paragraph, will be received by the Company only in the event that the entire order procedure has been completed regularly and correctly without any highlighting of error messages by the Site.
1.2.3 Acceptance of the purchase order
The Company, upon verification of the purchase order, accepts the order, thus finalizing the purchase.
The Company’s acceptance of the purchase order is deemed to have occurred when the purchase order reaches Menabòh’s server and results in the immediate charging of the amount of the expense through the payment instrument selected by the Customer.
1.4.4 Confirmation of purchase order
Following acceptance of the order, the Customer receives e-mail confirmation of the purchase with an express indication of the summary of the Products ordered and their prices, the date and time slot for scheduled delivery.
The prices of the Products are posted on the Site in the Shop section and include VAT.
Shipping costs, which may vary depending on the delivery method chosen, will be specifically indicated (in Euros and including VAT) during the purchase process, before the Customer is bound by the contract, in the order summary and in the order confirmation e-mail.
Menabòh reserves the right to change the price of the Products at any time and also, if necessary, several times during the same day. It is understood that the price of the Product that will be charged to the Customer will be the one indicated in the order summary, displayed by the Customer prior to placing the order, and that no account will be taken of any changes (upward or downward) subsequent to the transmission of the order itself.
In the event that a Product is offered on the Site at a discounted price, it will be indicated on the Site:
(i) the full reference price against which the discount is calculated;
(ii) what that full reference price corresponds to.
products purchased by the Customer are shipped directly by Menabòh or by the brands if the parties had agreed on a dropshipping contract and under the specific conditions indicated for each brand.
Right of Withdrawal: without prejudice to the Customer’s right to exercise the right of withdrawal in the forms provided for in Article 7.2, by notice to be sent to Menabòh within 7(seven) days from when it acquires physical possession of the Partner’s Product, notwithstanding the provisions of Article 7.3 below, within 7 (seven) days from the date of notice of withdrawal, the Customer shall ship, to the address indicated in the email summarizing the Order, the costs will be borne by Menabòh. In the event that the Customer exercises the right of withdrawal, Menabòh will refund, within 10 working days of the request, the Customer the price paid for the purchase of the Partner’s Product, minus shipping costs;
replacement of Product from Menabòh that is defective or does not correspond to the one ordered: in the event that Customer receives a Product from Menabòh that is defective or does not correspond to the one ordered, Partner shall send Customer a replacement Partner’s Product – of the same type and value as the defective ones – within 7 days from the time that Customer has sent Menabòh appropriate notice, accompanied by pictures proving errors, defects, missing or tampering, at the address indicated in Article 7.2 below.
It is understood between the Parties that the Customer’s failure to report within 7 (seven) days of receipt of the order itself is equivalent to its full and conscious acceptance.
2) DISCOUNT CODE AND PROMOTIONAL CODE
2.1 The Company recognizes the possibility for its Users and/or Customers to take advantage of Discount Codes and/or Promotional Codes and/or other promotions in the manner described below.
Discount Codes and/or Promotional Codes cannot be used more than once by the same Customer and cannot be combined with each other or with other commercial offers, except in the cases expressly indicated.
Should the Customer use the same Promotional Code several times to make a subscription purchase, Menabòh reserves the right to cancel its validity.
3) SITE REGISTRATION
3.1 In order to use the Services, the Customer must first register in the manner indicated by the Site.
Registration on the Site is free of charge. To register for the Site, the user must fill out the appropriate form.
3.2 Registration on the Site is completed by a declaration that you have read and accepted these General Conditions. If the User does not intend to accept even one of the provisions set forth in the General Conditions, the User is requested not to use the Service and to leave the Site.
4) MODE OF PAYMENT
To proceed with the purchase of the Products and/or Subscription Service, the Customer must select the payment method from those available on the Site.
- Payment with Debit or Credit Card
- Payment with Bonifico