TERMS AND CONDITIONS OF SALE
These terms and conditions govern the sale of products on the lauvastore.it Site and govern their use. The Seller reserves the right to periodically modify these Terms and Conditions of sale and the Privacy Policy. The aforementioned changes will be made known to Users through the Site with a specific notice and for a duration of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the rules of the Consumer Code Legislative Decree 206/2005 and of the Electronic Commerce Code D.lgs. n. 70/2003. The Site's online store is hosted by Prestashop which provides the online e-commerce platform that allows you to sell the Seller's products. The following are the Terms and Conditions of sale applicable to any Product sold on the Site.
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions apply:
Seller: MENEGHETTI ANNA with registered office in via Risorgimento 6/11 35024, Bovolenta (PD), VAT number 05356760289 email: info@lauvastore.it
Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Site: the lauvastore.it Site
Users: any person who accesses the Site and continues browsing it.
Customer: any person who purchases the products sold through the Site.
Consumer: the natural person who acts for purposes unrelated to professional activity or entrepreneurial.
Products: e-commerce retail, mainly clothing and fashion accessories.
Purchase Order or Order: the purchase proposal made by the User through the Site procedures and in particular through the Shopping Cart.
Purchase: the onerous purchase of the above products from the day of conclusion of the purchase.
Cart: the phase of the purchase procedure in which the User makes his purchase proposal, selecting the methods of payment, delivery of goods and the like.
Electronic Commerce: particular mode of commerce, governed in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the distance contract thanks to the services of the information society without their physical and simultaneous presence. Given the distance, the delivery of the products is not contextual and usually takes place via shipment through third party operators (couriers / forwarding agents).
ART. 2 SUBJECT
These Terms and Conditions of sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who, as a Consumer pursuant to the regulations in force, makes a purchase on the Site. If one of the conditions is null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these Terms and Conditions.
ART. 3 DESCRIPTION OF PRODUCTS
The Site deals with retail sales, under the Electronic Commerce regime, mainly of clothing, fashion accessories, women. All the products offered are described and illustrated on the Site, in the respective sections. The images of the Products on the Site are for demonstration and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic / photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site do not therefore constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if they are significant.
ART. 4 PRICES AND ADDITIONAL EXPENSES
The prices of the Products are shown in euros. In particular, the cart will show in detail:
- the price of the Product
- any other costs, taxes, if due
- delivery costs
The prices of the online store may vary. In such cases, the prices published at the time of the Order on the online store are considered.
ART. 5 REGISTRATION
In order to be able to make purchases at the Site Store, the User can make a specific registration, through which to enter their personal data and specify the gender. In the case of registration, at the time of entering the data, the User guarantees that:
- be of age and legally capable;
- possess the proper requirements for registration required at the time of registration;
- observe all legal and contractual provisions applicable to these Terms and Conditions;
- be the legitimate owner of the data entered, to be considered true, correct and updated. Registration coincides with the opening of an account. In their reserved area, the User can, among other things, enter and change their address, view the order history, the history of returns, any vouchers, credit notes and notices. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. In this case, you will be asked to leave the information strictly necessary for the purchase and delivery of the Products. It is forbidden to use temporary emails for registration. All data transmitted will be treated with the utmost respect for the legislation on the protection of privacy. The Seller will use them exclusively to complete the Orders and only in the event that explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ART. 6 PROCEDURE OF PURCHASE AND CONCLUSION OF THE SALE
The User may purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures provided for on the Site. When purchasing the Products, the Customer must follow all the instructions contained in the specific page of the Site For the purchase of the Products, the Customer must complete and send the Purchase Order form in electronic format to the Seller, following all the instructions contained in the specific page of the Site. You will find a summary of the main commercial conditions, including the price, the means of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must put the Product he wishes to purchase in the appropriate "Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy , will have to select the desired payment method and proceed with the payment. The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer via an email, sent to the email address communicated during the order placement. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or that involve the delivery of the Products ordered in some disadvantaged geographical areas. The Seller will notify the Customer of any impossibility of accepting the orders received as soon as possible starting from the moment in which the Customer has sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an Order by the Seller.
ART. 7 METHOD OF PAYMENT
The payment methods available on the Site are as follows:
1) Payment by bank transfer
In this case, the Order is deemed to have been completed when the Seller receives the actual credit on his bank account, which must take place within 2/3 working days of its execution. After this deadline, the Order will be deemed automatically canceled. The dispatch of the order will only take place when the amount due is actually credited to the Seller's current account. The bank transfer must indicate the reason, name and surname of the customer and the order number.
2) PayPal
If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account easily and immediately. PayPal protects the buyer's information as no financial information is passed on. A confirmation e-mail from PayPal will be sent to each transaction performed with this method. The amount of the order is debited from the PayPal account at the time of order acquisition. In the event of cancellation, the amount will be refunded to the Customer's PayPal account.
3) Credit card
If the Customer chooses to pay by credit card, the amount is charged directly to the same (Visa, Visa Electron, MasterCard). Customer information is confidential as no financial information is saved. A confirmation e-mail will be sent to each transaction performed.
4) Prepaid / reloadable card
If the Customer chooses to pay with a prepaid or rechargeable card, they must have reloaded their card with the amount necessary to pay the indicated amount, which will be deducted from the same card used by the Customer.
ART. 8 PROCESSING OF THE ORDER, SHIPPING TIMES AND DELIVERY OF THE PRODUCT
The Order is usually processed within 48 hours of receipt of the same, unless specifically indicated on some products to be made on commission and which are indicated on the site. The Seller will carry out the delivery of the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. The Products shipped in Italy are delivered within 6-8 working days, except for disadvantaged areas, islands, public holidays and national holidays. The delivery terms indicated above are purely indicative and not essential. Any variation to the above will be promptly communicated via e-mail to the Customer. The cost of shipments may be free for orders exceeding certain thresholds indicated by the Seller on the website.
The Shipping and Returns section of the Site is an integral part of the terms and conditions of sale, as it specifies the times, the shipping costs in Italy and abroad and the price supplements relating to both Italian and foreign minor islands and islands. Specifically for the following areas (Andorra, Ceuta, Gibraltar, Melilla, Azores, Balearic Islands, Canary Islands, Corsica, Scotland, Wales, British minor islands, Channel Island, Greek islands, Greek minor islands, Madeira, Northern Ireland) the costs of shipping will be calculated after the purchase and will be communicated via email to the recipient customer. The Seller reserves the right to contact the customer in any case even for both Italian and foreign areas/islands/cities not specified in brackets above should there be additional delivery costs relating to the address to be reached indicated by the customer during the purchase.
At the time of shipment of the package, the Tracking number will be sent by email, which will allow you to follow the entire route of the shipment by going to the carrier's website. The Customer must check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product arrives that has been damaged during transport or different from the one ordered, the Customer must accurately document the unpacking phases of the goods with a photograph, in order to be able to demonstrate any damage or the wrong Product. The Customer may request the replacement from the Seller by email and the Seller will return the correct product or refund the price and collect the product to be replaced or collected from the Customer's home and at his own expense. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including the transport documents.
ART. 9 RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return the purchased product and to obtain a refund of the expense incurred. To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to notify the Seller of wanting to withdraw in whole or in part from the purchase by means of any explicit declaration to this effect, such as for example by e-mail or a form prepared by the Seller. . The Seller will collect the product from the Customer's home. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including the transport documents, and the completed Return form. Upon receipt of the goods, once the integrity of the returned Product has been verified, the Seller will refund the price. Without prejudice to the above, it is finally recalled that the Customer is responsible for the decrease in the value of the Products resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning. The Customer acknowledges and expressly accepts that:
- the right of withdrawal does not apply to products received more than 15 working days ago.
- the right of withdrawal cannot be exercised in the event that the purchased products have been used, even partially assembled, or the packaging changed as it must be closed exactly as received. In this case, the Customer will be required to pay the costs for returning the non-compliant goods.
ART. 10 LEGAL WARRANTY
The Consumer Customer, in case of receipt of non-compliant or defective Products, has the right to the legal guarantee of 24 (twenty-four) months. In case of receipt of non-compliant or defective Products, the Customer must notify the Seller by e-mail within 2 months from the discovery of the lack of conformity, attaching a photograph certifying the defects found. The Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price unless the requested remedy is objectively impossible or excessively expensive compared to the other. One of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the Seller compared to the other, taking into account:
a) the value that the asset would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience to the Consumer. The Consumer can request, at his choice, an appropriate price reduction or the termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively expensive;
b) the seller has not repaired or replaced the goods within the appropriate term;
c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer. In determining the amount of the reduction or the sum to be returned, the use of the property is taken into account. After reporting the lack of conformity, the seller can offer the Consumer any other remedy available, with the following effects:
a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the expiry of the appropriate term, unless the consumer accepts the alternative remedy proposed;
b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
ART. 11 FORCE MAJEURE
The Seller assumes no responsibility for inefficiencies attributable to force majeure which prevented, in whole or in part, from executing the contract within the foreseen time frame. The Seller is not responsible towards the Customers for any damages, losses and costs incurred as a result of the failure or delay in the execution of the contract, since the Customer is only entitled to a refund of the price paid. In the event of force majeure, the execution of the Order will be suspended. This suspension may last for a maximum period of 1 month, after which the Order will be considered automatically canceled.
ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the photographs and all related intellectual and industrial property rights are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, also retransmit on other websites, transfer or otherwise make available to third parties for any reason whatsoever or in any case use for purposes other than conservation and / or consultation of the Sites and / or the Contents of the Site, without the prior express and formal approval of the Seller.
ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the photographs and all related intellectual and industrial property rights are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, also retransmit on other websites, transfer or otherwise make available to third parties for any reason whatsoever or in any case use for purposes other than conservation and / or consultation of the Sites and / or the Contents of the Site, without the prior express and formal approval of the Seller.
ART. 13 FAILURE TO EXERCISE A RIGHT
Failure by the Seller to exercise a right does not represent any waiver of action against the Customer or against third parties for the breach of commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.
ART. 14 TREATMENT OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be subject to processing based on principles of correctness, lawfulness, transparency and protection of confidentiality pursuant to current regulations. The Seller, as Data Controller, processes the Personal Data of Users by adopting appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. The processing is carried out using IT and / or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. User Data is collected for the execution of pre-contractual measures; to fulfill the obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing the Products; to follow up on specific requests addressed to the Owner by the User; for sending information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications relating to the Products purchased without the need for the express and prior consent of the User, as required by art. 130, paragraph 4, of the Privacy Code as amended by Legislative Decree 101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to the processing where required (Cookie Policy).
ART. 15 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and termination of the contracts stipulated online by the Consumer Customer with the Seller will be the exclusive competence of the court of the judge of the seller's city of residence (competent court of Padua).
ART. 16 DISPUTE RESOLUTION
Any disputes between the consumer Customer and the Seller will be handled by the Mediation Chamber of Padua (registered at No. 14 in the National Register of Mediation Bodies) which is authorized to manage the mediation procedure provided for by Legislative Decree 28/2010 "Implementation of article 60 of law no. 69 of 18 June 2009, on mediation aimed at conciliating civil and commercial disputes".
ART. 17 COMMUNICATIONS
For further information of any kind, you can contact the Seller at the following addresses: info@lauvastore.it Pursuant to art. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and accepted all the clauses of these Terms and Conditions of sale and in particular those of articles 6, 9, 10, 11, 12, 15 and 16.