Returns and Exchange

Definitions

For the purpose of these General Terms and Conditions, the following terms shall have the following meanings:

“Business Day” means a calendar day, other than a Saturday, a Sunday or a public holiday, on which the banks are open for normal business.

“Consumer” means any natural person not acting in the course of a profession or business (consument) that enters into an Agreement with MONTE NAPOLEONE via the Monte Napoleone Tailor Webshop.

“Agreement” means any agreement with respect to orders placed for Products available on the Monte Napoleone Tailor Webshop concluded between Monte Napoleone and the Consumer via the Monte Napoleone Website.

“Durable medium” means any instrument, including email, which enables the Consumer to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;

“MN” means MONTE NAPOLEONE., own by DC GARMENT AS, a private limited liability company incorporated under the laws of the Norway, whose registered brand under company name office is at Stjernemyrveien 36, 0673 Oslo, Norway. Organisation number 918463585. You can reach our support team by email: support@montenapoleonetailor.com, or phone: +47 22992922.

“Monte Napoleoene Webshop” means the online webshop of Montenapoleone on the montenapoleonetailor Website.

“Monte Napoleone Website” means the website of MONTE NAPOLEONE TAILOR on www.montenapoleonetailor.com

“General Terms and Conditions” means these General Terms and Conditions of Monte Napoleone.

“Intellectual Property Rights” means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the Products and the MN Website.

“Parties” means Monte Napoleone and the Consumer collectively.

“Product” means all goods Monte Napoleone produces and/or sells under the (trade) name “Monte Napoleone” or ‘Monte Napoleone Tailor’.

Returns & Exchanges

Returning a READY TO WEAR product is always possible, by sending the product(s) back to us. When requesting a return or exchange, make sure to mind the following information:

You can return your order within 14 calendar days after receiving your parcel. Please fill in the form you have received with your purchase (if not please send us an email) and put it inside the box that you would like to return to us. Please note that when returning/exchanging an item, the shipping costs are at your own expense.

All goods are inspected upon return and should be clean and unworn. For your own convenience, and ours, please return the shirts/ item(s) in a prober way as you’ve received them in or use another sturdy bag to make sure we receive the goods in optimal condition.

Return address: TNHH DC GARMENT, Duong TL40 – KP1, P.Thanh Loc, Q.12 Ho Chi Minh City. Vietnam.

Attn.: Ms. Dieu

We aim to process any returns or exchanges within 14 calendar days and will contact you once the process is completed. Be aware that it might take up to 10 calendar days for the funds to be credited into your bank account, depending on your bank or card issuer.

Online orders may also be returned to our office. Please note that the refund cannot be given directly in our retailer store, but will be issued through our system within 14 calendar days.

Any returns that do not comply with the aforementioned may be denied at discretion of Monte Napoleone.

International returns

All returned items should be declared as ‘Returns and Repairs of Norwegian Merchandise’ on the customs declaration. This should be written on the packaging as well as in the declarations form. Returned packages that don’t have this mention may not be successfully delivered to our warehouse and might be subjected to additional fees.

Incorrect order

We aim to provide a smooth and easy order process. If you experience any issues with your order, please contact us on email us at support@montenapoleonetailor.com Please include your order reference at all times when emailing us

Our Support Service is available during weekdays from 10:00 am until 18:00 pm (CET).

CANCELLATION & RETURNS ON CUSTOM-MADE

All tailor-made products are 100% individually customize according to customers preferences. Hence, we DO NOT accept returns for any reason except production error.

  • In case of production errors the customer is required to take and upload pictures of him or her wearing the product displaying the error and email this information to us.
  • In case of measurement errors or the areas which customer feels does not fit him or her, we recommend user holding a measurement tape, showing the measurements. If your request for return is return is accepted, the customer will be notified immediately.
  • Slight differences in shading of a product of the same fabric (due to variations in the dying process) are possible.
  • The product design interface on our website is simply a visualization and minor differences in appearance may occur.
  • Once an order is placed online, it is processed immediately and the production process is commenced instantly. Please note that cancellation of orders is thus not possible after the transaction is completed.

Applicability

These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the MN Webshop to which MN is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and from integral part of all quotations and offers made by MN and all acceptances, acknowledgements and confirmations by MN of any orders made by the Consumer.

By placing an order, the Consumer agrees to be bound by these General Terms and Conditions.

In the event that specific Product related terms and conditions apply in addition to these General Terms and Conditions, those terms will be explicitly specified in the offer of the specific Product and in the event of contradictory terms and conditions, the Consumer may invoke the applicable condition that is most favourable to the Consumer.

These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the Monte Webshop.

Offers and orders

The material on the Monte Napoleone Website is provided for general information only. Obvious errors or mistakes in the offer do not bind Monte.

Monte Napoleone will indicate on the MonteNapoleoneTailor Website if an offer is of limited duration.

An offer is subject to availability. If a Product is out of stock, despite appearing on our Webshop, we may cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.

The agreement

Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfilment of the applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the Montenapoloene Webshop. Promptly after receiving an order, Monte Napoleone will send an automated email confirming the receipt of the order.

Monte Napoleone may obtain information – within statutory frameworks – about the Consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.

Monte Napoleone reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:

  • The Product is not available or the Product is out of stock.
  • The order is flagged by MN’s security systems as an unusual order or an order susceptible to fraud.
  • The Consumer’s billing information is not correcting or not verifiable.
  • MN has reason to believe the Consumer is a reseller.
  • There was an error in the price displayed on the MonteNapoleoneTailor Website
  • MN cannot deliver to the shipping address provided by the Consumer.

In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.

Prices

All prices quoted on the Monte Napoleone Website are in USD, NOK or EURO and include VAT and shipping, except for B2B orders.

Monte Napoleone reserves the right to change the prices quoted on the Monte Napoleone Website without notice. MN will not be liable to the Consumer or any third party for price changes.

Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance shall be at the Monte Napoleone expense. All returns shall be in customer´s expense.

Right of withdrawal

The Consumer has the right to withdraw from the Agreement within 14 calendar days without giving any reason. The Consumer can either dissolve the agreement and receive a refund or exchange the ordered Product. The withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product.

Products that are not suitable for return due to health protection or hygiene reasons (such as underwear, swimwear and pierced accessories) and/or sealed Products that were unsealed after delivery cannot be returned or exchanged.

To exercise the right of withdrawal, the Consumer must inform MN of his decision to withdraw from the Agreement by requesting a Return Merchandise Authorisation on the MN Website or sending an email with an unequivocal written statementwithin the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Consumer to request a Return Merchandise Authorisation or send the unequivocal statement to Monte before the withdrawal period has expired.

During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

If the Consumer exercises its right of withdrawal, the Consumer will return the Product to MN at its own risk and expense, by following the instructions on the Return Merchandise Authorisation, without undue delay and in any event no later than 14 calendar days from the day on which the Consumer communicated his decision to withdraw to MN. This deadline is met if the Consumer sends back the Product before the withdrawal period of 14 calendar days has expired.

The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.

If the Consumer timely exercises its right of withdrawal, MN will reimburse the relevant payments received from the Consumer, excluding the costs of delivery and excluding the return costs, without undue delay and in any event not later than 14 calendar days from the day on which MN is informed of the Consumer’s decision to withdraw from the Agreement. The return costs will be deducted from the Consumer’s refund. In the event that the Consumer wishes to exchange the Product, no return and/or additional delivery costs will be charged. MN may withhold the reimbursement until MN has received the Product back, or until the Consumer has supplied adequate evidence of timely having sent back the Product, whichever is earliest. MN will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise.

Notwithstanding paragraph above, MN will not reimburse the delivery costs if the Consumer opted for a type of delivery other than the least expensive type of standard delivery.

MN is entitled to refuse to accept a returned Product and the reimbursement of payments if the Consumer does not comply with the instructions of this clause abouve.

Payment by the Consumer

Save as otherwise provided in the Agreement or in applicable additional terms and conditions, the sums payable to Monte Napoleone will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.

Monte Napoleone does not accept any other method of payment than the payment methods indicated on the Monte Napoleone Tailor Website. We may change these payment methods at any time. All actual costs of payment will be passed on to the Consumer.

The Consumer has the duty to inform MN of any inaccuracies in payment data provided or stated.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, Monte offers you the following payment options. Payment is to be made to Klarna:

  • Pay later
  • Slice it

Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

VIPPS

The seller can demand payment for the item from the time it was sent from the seller to the buyer. If the buyer uses a creditcard or debit card when paying, the seller can reserve the purchase price on the card when ordering.

The card is charge the same day the item was sent. Upon paying with the invoice, the invoice to the buyer is issued upon shipment of the item. The payment duedate is stated on the invoice and it is minimum of 14 days from receipt.

The buyer under 18 years old cannot pay with a subsequent invoice.

Shipping and delivery

The ordered Product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer. In such event the Products will be shipped from our warehouse to the Consumer within 1-3 Business Days after the last order.

Instead of having the order shipped and delivered, the Consumer can decide to collect the order from one of our physical retailer store in Oslo. If the Consumer decides to do this, the Consumer should indicate accordingly when placing the order with the Monte Webshop.

When the Consumer has placed an order on a Business Day and has received an email confirmation before 5:00 PM CET, the order will be ready within 3-15 Business Day depend on product´s availablity:

  • LUI: Hegdehaugsveien 25, in Oslo. Norway

The shipping and delivery terms indicated in these General Terms and Conditions, on the Monte Napoleone Website or otherwise communicated by our retailers are indicative and not guaranteed. If MN is unable to meet the (estimated) shipping date, Monte will notify the Consumer accordingly. MM shall not be liable for any damages and costs arising out or in connection with delayed delivery.

Monte Napoleone ships to shipping addresses in the countries indicated on the MN Website. MN will deliver the Product at the shipping address specified in the order of the Consumer.

If the shipping address is located outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported.

Monte Napoleone is authorised to engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services used by MN provide a tracking number.

Monte Napoleone retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of Monte Napoleone vis-à-vis the Consumer are paid in full. The Consumer shall in no event have a right of retention with regard to the Product. Monte Napoleone is entitled to repossess the Product if the Consumer fails to fulfil any of its obligations under the Agreement and/or if Monte infers from the Consumer’s behaviour or communication that the Consumer will fail to fulfil any of its obligations under the Agreement.

All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to MN.

Complaints

Monte Napoleone wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods. The Consumer is obliged to closely examine the delivered Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.

The Consumer shall inform Monte Napoleone of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address:support@montenapoleonetailor.com The email shall contain a clear description of the complaint, the Consumer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case, no later than two (2) months after the discovery of the defects.

Complaints submitted to MN will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give MN all such assistance as MM may require for the purpose of examining the complaint. Monte Napoleone (MN) is only obliged to take complaints into consideration, if MN is given the opportunity to verify the complaint.

In the event of a timely, correct and justified complaint, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of the Product.

The Consumer shall return the defective or non-conforming Product in its entirety to Monte Napoleone. The defective or non-conforming Product shall become MN’s property as soon as it has been replaced or credited.

A complaint that does not meet the requirements, shall not be taken into consideration by Monte Napoleone, the Product shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.

Liability

Monte Napoleone shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by MN or the use there of by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilful recklessness of Monte Napoleone.

Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of Monte to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by MN or its managerial staff).

Force majeure

Monte Napoleone shall not be liable for any failure or delay in performance if such failure or delay results from interruptions in the Product’s manufacturing process or if such failure or delay is caused by force majeure, whether or not such force majeure was foreseeable at the time of the Agreement. As a result of such force majeure and/or default by one of Monte’s suppliers, Monte Napoleone cannot reasonably be required to execute its obligations.

In the event that, as a consequence of force majeure and/or default by one of MN’s suppliers, MN is prevented from fulfilling its obligations to the Consumer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of MN’s suppliers, the Consumer shall not be entitled to any compensation whatsoever.

In the event that the force majeure and/or default by one of Monte Napoleone’s suppliers extends or reasonably expected by MN to extend for a period of three (3) consecutive months, MN shall be entitled to cancel the affected Agreement without any liability towards the Consumer.

Intellectual property rights

All Intellectual Property Rights shall remain the exclusive property of MN or its licensors. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties’ name, or for its own or others’ behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.

The Consumer shall not copy any Products or (any part of) the MonteNapoleoneTailor Website, nor (otherwise) use any Intellectual Property Rights, without Monte’s prior written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.

Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.

Privacy

MN will process personal details of the Consumer in accordance with the privacy statement published on the MN Website.

Availability of the MONTE NAPOLEONE TAILOR webshop

Monte Napoleone does not guarantee that the MonteNapoleoneTailor Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the MonteNapoleoneTailor Website is permitted on a temporary basis. Monte Napoleone reserves the right to suspend, withdraw, discontinue or alter all or any part of the MonteNapoleoneTailor Website at any time as it sees fit without notice. MN shall not be liable for any reason due to which the MonteNapoleoneTailor Website is unavailable at any time or for any period.

Miscellaneous

The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.

Monte Napoleone reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been amended, Monte will give a notice of this by stating on the Monte Website that the General Terms and Conditions have been amended, thereby indicating the date of such amendments.

Monte Napoleone may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer’s rights and obligations.

The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from MN.

Governing law and jurisdiction

These General Terms and Conditions and any Agreement shall be exclusively governed by and construed in accordance with the laws of the Italians, excluding (i) any conflict of law rules under Italian private international law and (ii) the applicability of the United Nations Convention on Contracts for the International Sale of Good (Vienna Convention of 1980).

The competent court in Norway, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal and that of appeal to the Supreme Court.

ODR Dispute solution for consumer in EU-countries

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage