Terms and Conditions

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Terms and conditions of sale

The following terms and conditions relate to the purchase of products and goods through the website www.lavezzi.it. These goods and products are sold by Lavezzi Srl, with registered offices in Piazza Primo Maggio, 9, Robbio (PV), Italy, registered at the Chamber of Commerce of Pavia (PV), with registration no. PV - 227960 of the Business Register, VAT No. 01873250185, Tax Code no. 01873250185, PEC address: info@pec.lavezzi.it.

1. Definitions and scope

1.1 The following terms and conditions apply to all the orders placed on the www.lavezzi.it website, notwithstanding the Customer’s territory and country of origin, and  constitute an integral and substantial part of the contract between the Customer and Lavezzi Srl.  As a result of the Customer completing an order, they acknowledge that they have read and accept these terms of sale.

1.2 “Lavezzi Srl” or “Seller” means Lavezzi Srl, contracting party that sells products and services to the Customers.

“Customer”: means the physical person that makes the purchase as per this contract, for purposes other than business or professional activities.

“Sale agreement”: means the sales contract relating to the products of which  the Seller undertakes to transfer the property to the Customer, entered into using a distance selling system via digital means, managed by the Seller.

2. Scope of the contract

2.1 Under the terms of this contract, the Seller sells and the Customer purchases the goods listed on www.lavezzi.it  via the Internet using a distance selling system.

2.2 The products referred to in section 2.1 are described on their respective web pages and information sheets on www.lavezzi.it – product images may not be perfectly representative of the product’s characteristics, but they may differ in colour, size and product accessories.

2.3 Any product offers on this site should be considered valid only for purchases made on ww.lavezzi.it.

3 Formation of the contract

3.1 The contract forms when the Customer fills the purchase form and clicks on the “Complete order” button, after the order summary – which shows details on the Customer and the purchased products, the price of such products, the shipping cost and address, the payment method, the estimated time of delivery and the right of withdrawal – has been displayed.

3.2 Following the order completion, an order confirmation web page is displayed and the Customer receives an email confirming that the order has gone through.

3.3 The contract between the Seller and the Customer is deemed to be formed and concluded as soon as the Seller accepts the order from the Customer. However, the Seller reserves the right to accept or reject the order.

4. Availability of products

4.1 The Customer can purchase the products listed on www.lavezzi.it and marked as “Available”. If the item that has been purchased is not available in stock, because the order exceeds the amount in stock or because of problems with updating the website, Lavezzi Srl will inform the Customer if the product will become available in the future and the time necessary to supply it, leaving to the Customer the opportunity to:

4.1.1 exercise the right of withdrawal and be refunded in full;

4.1.2 confirm the order, in accordance with the product availability communicated by the Seller, and receive a partial refund for the unavailable products;

4.1.3 wait for the all the products to become available and for the order to the dispatched.

The refund will be made within 14 days of the Customer’s communication of their decision regarding the order.

4.2 As described in section 3.2, once the order has been placed, the Customer will receive a confirmation email.

5. Prices

5.1 The prices listed on the website are prices for the public, including VAT, unless otherwise specified, and therefore are to be considered offers to the public pursuant to article 1336 of the Italian Civil Code.

5.2 The shipping costs for each order are indicated in the order summary.

5.3 Lavezzi Srl reserves the right to change the prices of the products sold at www.lavezzi.it, it being understood that the price of each item is the one indicated on the website until the order has been completed.

5.4 For orders made by customers outside the European Union, the final prices will be calculated not taking into account the VAT, which remains applicable in the country where the order is made. Any additional charges due in the country where the order is made, such as taxes, duties, custom duties etc., are the Customer’s responsibility and have to be paid by the Customer. Lavezzi Srl is cannot be held responsible for the calculation of these charges, which are the Customer’s responsibility.

6. Payment method

6.1 The Seller reserves the right to deliver the purchased products after receiving the payment for the products in full.

6.2 The payment for the products that are purchased on www.lavezzi.it can be made using one of the following methods:

  • PayPal
  • Credit or Debit card, through PayPal’s payment gateway
  • Bank transfer payment (in advance)

6.3 If you choose to pay by bank transfer (in advance), the order will be processed after the payment by the Customer has reached Lavezzi Srl and cleared into Lavezzi Srl’s bank account.

6.4 Any refund to the Customer who has taken advantage of the right of withdrawal in accordance with section 9 below will be credited via the same payment method used by the Customer to buy the product on www.lavezzi.it, in a timely manner and in any case within 14 (fourteen) working days from the date in which the Seller received notice from the Customer of their decision to withdraw from the contract.

6.5 The amount that will be credited to the Customer who has taken advantage of the right of withdrawal shall be equal to the price paid by the Customer, not including the cost incurred by the Customer to return the items to the Seller. Should the Customer choose PayPal, credit card or bank transfer as payment method, the Customer will be charged for the transaction costs.

6.6 The data resulting from the communications relating to the withdrawal will be  subject to a higher level of security encryption, in compliance with the provisions of the law on the protection of personal data.

7. Billing

7.1 The products are delivered together with a document listing the purchased items. Those who need an invoice will have to ask for it in advance. The invoice will be issued by the Seller in digital format.

7.2 All the products are subject to the Italian standard VAT rate. As stated in section 5.4, for orders made by customers outside the European Union, the final prices will be calculated not taking into account the VAT, which remains applicable in the country where the order is made.

8. Shipping and deliveries

8.1 The Seller will deliver the products to the Customer in accordance with what is described on www.lavezzi.it and as indicated on the confirmation email. For further information, please visit our Shipping page.

8.2 The shipping cost is visible to the Customer and is automatically calculated when the order is placed, on the basis of the area and country of delivery, the type of product and its weight.

8.3 The shipping costs displayed on the site are inclusive of VAT.

8.4 The shipping times of the available items, as far as shipping to Italy is concerned, are 2-4 working days since the order confirmation, except for force majeure or bank transfer payments, as described in section 5.3. As far as shipping to other countries is concerned, the Seller will contact the Customer to indicate an estimated time of delivery and to confirm the total delivery cost.

8.5 Orders are processed in  accordance with Seller’s handling time and can take longer where the product is not available. In any case, orders should not take longer than 30 (thirty) days from the day following their completion to be processed, unless otherwise agreed by the parties.

8.6 Delivery times for orders to foreign countries vary depending on the country of destination, but will not exceed 30 (thirty) days since the day after the order.

8.7 The products purchased by the Customer will be given to the courier without flaws. In the case of apparent defects relating to the packaging, external features of quantity of the goods, the Customer will have to give notice to the Seller via email within 7 (seven) days from the day in which the products were received.

8.8 If the address provided by the customer is incorrect, the Seller will not be held responsible for the failure to deliver or the delay in the delivery.

9. Right of withdrawal

9.1 The Customer has the right to withdraw from the sales contract, without having to indicate the reasons and without incurring any penalty, within 14 (fourteen) working days from the day of receipt of the purchased goods, in accordance with art. 52, D. Lgs. 21 February 2014, n. 21.

9.2 The law relating to the right of withdrawal is only applicable to customers that are consumers. If the Customer requested to be billed using their VAT registration number, the right of withdrawal would not be applicable, as the purchase will fall within the scope of professional activity.

9.3 If the Customer decides to take advantage of the right of withdrawal, for orders completed in Italy, they will have to communicate it to the Seller via registered mail sent to Lavezzi Srl, Piazza Primo Maggio, 9, 27038, Robbio (PV). For orders made in other countries of the European Union, the customer will have to send an e-mail to lavezzi@lavezzi.it. The right of withdrawal does not apply to orders made outside of the European Union.

9.4 The right of withdrawal is deemed to have been exercised within the deadline described at section 9.1 if the Customer has communicated to the Seller their intention to take advantage of the right of withdrawal before the expiration of the withdrawal period. The communication should contain the details of the contract that the Customer wants to withdraw from, including the order number and the list of the items subject to the withdrawal.

9.5 The burden of proof regarding whether the notice of withdrawal has been issued within the time limits set in section 9.1 shall be borne by the Customer.

9.6 The Customer must return the products that are subject  to the withdrawal within 14 (fourteen) working days from the date in which they communicated to the Seller their decision to withdraw from the contract.

9.7 The Seller is required to repay the amount paid by the Customer within 14 (fourteen) working days from the date in which the Seller has received notice from the Customer of their decision to withdraw from the contract.

9.8 The Seller shall issue the refund using the same payment method that the Customer had used to buy the products on www.lavezzi.it, unless otherwise agreed by the Seller and the Customer.

9.9 The Seller reserves the right not to issue the refund until the Customer has proved that the products to be returned have been dispatched.

9.10 The sole expenses to be paid by the Customer to take advantage of the right of withdrawal are the direct costs of returning the goods to the Seller, as described in section 6.5.

9.11 The products that are subject to the withdrawal will have to be returned:

a) intact, in the same conditions in which they had been dispatched;

b) in their entirety, including any accessories, documentation or instructions;

c) in the correct package and in their original condition;

d) in good condition, i.e. not damaged or dirty;

e) together with the document included in the original package listing all the purchased items.

9.12 If the conditions set in section 9.11 are not respected, the amount to be refunded will be reduced according to the decrease in value of the goods resulting from a use other than that necessary to establish the nature, functioning and characteristics of the goods.

9.13 The products must be returned to the following address: Lavezzi Srl, Piazza Primo Maggio, 9, 27038, Robbio (PV).

9.14 As set out in section 9.3, the right of withdrawal is not applicable to orders made outside of the European Union.

10. Warranties and Complaints

10.1 Purchases made on www.lavezzi.it are subject to the Italian legislation on product warranties.

10.2 For the purposes of this contract, it is presumed that the consumer products sold to the Customer comply with the contract if, where relevant, the following factors coexist:

a) they are suitable for the use that products of the same type are normally utilized for;

b) they conform to the description made by the Seller and have the characteristics of the products that the Seller showed to the Customer as sample or model;

c) they have the same quality and perform in the same way as other goods of the same type, as it could be reasonably expected by the Customer, taking into consideration the nature of the product and, where appropriate, any public statements on the specific characteristics of the products made by the Seller, the manufacturer or their agent or representative, in particular with regards to advertising and labeling;

d) they are also suitable for the intended use of the Customer, which was brought to the Seller’s knowledge at the time of the conclusion of the contract and the Seller has accepted, even by conduct.

10.3 The Seller shall be liable for any issues as to the conformity of the product, provided that these become apparent within two years from the delivery of the product.

10.4 The Customer shall lose the right to have the product conformity restored if they fail to report the issue with the conformity within two months of the date on which the defect was discovered.

10.5 Unless otherwise proven, it is assumed that issues as to the conformity of the product that become apparent within six months of its delivery were already existent at that time, unless this is deemed to be incompatible with the nature of the good or its conformity issue.

10.6 In the event of an issue with the conformity of the product, the Customer may request that the product be repaired or replaced, that the purchase price be reduced or that the contract be terminated, unless the request is excessively burdensome under article 130.4 of the Consumer Code. The Seller encourages the Customer to describe the nature of the problem in as much detail as possible and, if possible, to forward the order documents or indicate the order number, the Customer number and any other detail that may be useful in order to identify the request.

10.7 The Customer must make the request in writing, by email, to lavezzi@lavezzi.it. The Seller will then communicate their willingness to process the request or the reason it cannot be processed within 7 (seven) working days from the date on which the request was received, it being understood that the Seller will have to contact the manufacturer of the goods, which may mean that it would take longer to contact the Customer.

10.8 If the replacement or repair of the product is not possible, the Customer may request the termination of the contract. The Seller will then communicate their willingness to process the request or the reason it cannot be processed within 7 (seven) working days from the date on which the request was received.

11. Customer obligations

11.1 Upon completion of the order, the Customer undertakes to pay the price of the purchased product, as set out in this contract.

 11.2 The information outlined in this contract is viewed, read and accepted by the Customer at the time of the order confirmation. Acceptance of the terms and conditions is compulsory prior to the order confirmation.

12. Liability for defects and evidence of damage

12.1 Pursuant to article 114 et seq. of the Consumer Code, the supplier (“Seller” as far as this contract is concerned) is liable for damages caused by defects in the goods if they fail to notify the injured party, within three months from the request, about the identity and domicile of the producer or the person who provided the good.

12.2 The Seller cannot be held liable for the damage caused by the defects in the good if the defect is related to a conformity issue or if the technological and scientific knowledge at the time the producer had released the product meant that the product could not be considered defective.

12.3 Compensation is not due when the injured party was aware of the defect and of the resulting danger – nevertheless, they voluntarily exposed themselves to that danger.

12.4  It is the responsibility of the injured party to prove the defect, the damage and the causal connection between the defect and the damage.

12.5 The following circumstances can result in compensation:

a) damage caused by death or personal injury;

b) destruction or deterioration of something other than the defective product, as long as it is of a kind normally intended for private use and so it is normally used by the injured party.

12.6 Damage to items and objects can only be compensated if it exceeds Euro 387 (three hundred and seventy-seven).

13. Privacy and data protection

13.1 Lavezzi Srl guarantees the protection of Costumer data and protects their privacy in accordance with the Personal Data Protection Code (d.lgs n. 196/2003).

13.2 The data voluntarily provided by the Customer using the email addresses and the forms on the site, such as their name, surname, address and email address, are acquired in order to properly provide the requested services, including processing the order and any returns or complaints relating to the warranty of the purchased goods.

13.3 In order to successfully process the order, the Seller may share the data relating to the order and the Customer’s contact details to its partners involved in the delivery of the products and in managing the payment.

13.4 The retention, processing and use of the Customer’s personal data will take place in accordance with Lavezzi Srl’s privacy policy, which can be viewed here.

14 Archiving of orders and contracts

According to art. 12 of D.L. 70/03, the Customer is informed that orders are kept in digital form on the Seller’s server or in paper form at the Seller’s offices following principles of confidentiality and security.

15 Governing law and jurisdiction

15.1 These terms and conditions and the contract between the Seller and the Customer are governed by Italian law.

 15.2 For any legal dispute relating to the interpretation, application and/or execution of this contract, the competent court shall be that of the place of residence or domicile of the Customer.

16 Changes to the terms and conditions  

Lavezzi Srl undertakes to inform the Customer in case of modification to these terms and conditions. The updated terms and conditions will become an integral part of new contracts from the time orders are completed, following the notice of modification.

17. Final clause

This Agreement supersedes any agreement, written or oral negotiation between the Seller and the Customer concerning this contract.

 

May 2017

Lavezzi Srl

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