GENERAL CONDITIONS OF SALE
The products for sale on the website www.lanerossi.com (hereinafter the " Products ") are sold and invoiced by Evologi Srl, with registered office in Via Codalunga, 58 - 31030 - Carbonera (TV) Italy, CFP VAT no. 04616450260, registered with the Chamber of Commerce of Treviso at no. REA 364478/TV of the Companies Register, share capital € €12,500.00 fully paid-up (hereinafter the "Seller ").
For any information regarding orders, shipments and, more generally, purchases, you can contact Lanerossi Customer Care at the following addresses: email@example.com at the following times: from Monday to Friday, from 9.00 to 16.00 .
To speed up purchases, it is possible to register on the website www.lanerossi.com by creating an account so as not to have to enter your data for each purchase. Please remember that it is always possible to proceed with purchases without registration. Registration on the site is free.
1. Scope of application of the General Conditions
1.1 The Seller offers Products for sale on the Lanerossi e-commerce platform to end consumers only. By "consumers" we mean only natural persons who conclude a purchase contract for the satisfaction of needs of daily life unrelated to any entrepreneurial or professional activity exercised, since the subject who enters into the contract in the exercise of such an activity or for a purpose connected thereto.
1.2 If the Purchaser (hereinafter the " Customer "), does not fall within the definition of "consumer" but, on the contrary, qualifies as a professional and therefore does not act as defined in the previous article 1.1, he is hereby invited to refrain from concluding commercial transactions in this way. The Seller therefore reserves the right not to process orders from subjects other than the "consumer" or in any case to orders that do not comply with its commercial policy.
2. Acceptance of the General Conditions and conclusion of the contract
2.1. The distance selling of the Products is governed by these General Conditions of Sale (hereinafter the " General Conditions "). Users are invited to carefully read the General Conditions before proceeding with any purchase. By ticking the box in which you declare that you have read the "General Conditions of Sale" during the online purchase on the website, the Customer accepts them which are an integral part of the online sales contact.
2.2 The online sales contract must be considered concluded with the acceptance of the order by the Seller. In the event of non-acceptance of the order, the Seller will in any case promptly notify the Customer.
2.3 Orders can only be placed by persons of legal age and who are not legally incapacitated. The Customer, in order to conclude the online sales contract for the purchase of one or more Products with the methods set out above and complete the sale, must acknowledge and accept these General Conditions.
2.4 These General Conditions are drawn up in compliance with the provisions of Legislative Decree 70/2003 on electronic commerce and articles 49 et seq. of Legislative Decree 206/2005 so-called Consumer Code as amended
3. Description of products, prices and payment methods
3.1 The products offered for sale are only those present on the Site at the time the Order is placed, as described in the relative information sheets. The essential characteristics of the Products, including the price, are illustrated in the relative descriptive sheet alongside the Product and which can be consulted before finalizing the Order. In any case, it is understood that the images accompanying the descriptive sheet are for informational purposes only and may not be perfectly representative of its characteristics but differ eg. by color and size (also based on the browser and monitor used to access the Site and view the images).
3.2 In order to place an Order, the Customer must fill out the relative form on the Site in its entirety and send it, following the instructions therein, after having carefully read and accepted the General Conditions, as well as the characteristics of the product and/or products which he intends to buy.
3.3 The prices of the Products are inclusive of VAT or other applicable taxes, but do not include any shipping costs (including any additional costs to be incurred for having chosen a type of shipping and delivery other than the standard one). The total price of the chosen Products, inclusive of all expenses, will be indicated as the purchase is finalized and in any case before payment. The Customer must also ask the Seller, if desired, to issue a tax invoice relating to the purchase.
3.4 Any discounts indicated are applied to the base price of the Product and in any case in compliance with the applicable legislation.
3.5 Correct receipt of the Order is confirmed by the Seller by means of an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will summarize the purchase conditions, as required by the applicable legislation, as well as the data entered in the Order by the Customer, so that he can verify its correctness and possibly communicate the necessary corrections of incorrect data without delay.
3.6 The Customer may only purchase Products whose availability is confirmed by the Seller. If, in exceptional and unforeseeable cases, after the completion of the Order or payment by the Customer, the Product is no longer available, the Seller will immediately notify the Customer, who will be able to wait for the product to be restocked or, possibly request a refund of any amount paid.
3.7 Payments can only be made by credit card and via PayPal and the transaction will take place via a secure server chosen by the Seller.
3.8 In no case and at any stage of the payment will the Seller be able to know the information relating to the Customer's credit card, transmitted via secure connection directly to the website of the bank which manages the transaction. None of the Seller's computer files will keep such data and therefore in no case can the latter be held responsible for any fraudulent or illegal use of credit cards by third parties at the time of payment.
4. Delivery of products and related costs
4.1 The purchased products will be delivered to the address indicated by the Customer in the Purchase Order and within the times indicated therein, by the Seller or its logistics service providers, at the cost specifically indicated on the Site before sending the Order.
4.2 Delivery will be deemed to have taken place through the acquisition by the Customer or an authorized third party of the Product/s, which will be proven by signing the delivery note.
4.3 The Seller reserves the right to accept or refuse deliveries requested outside the Italian and European borders, without prejudice to any regulatory impediments or import restrictions. In any case, for deliveries to be made outside the Italian borders, shipping costs and delivery times may vary.
4.4 With regard to deliveries requested in countries outside the European Union, any import customs fees will be charged to the recipient. The Customer is therefore invited to contact the Customs Authorities of his country in advance to check the costs and any import limits.
4.5 The delivery times indicated in the Order phase must be considered as purely indicative and a delay with respect to them, or any delivery made with subsequent split shipments does not entitle the Customer to refuse the delivery itself and to request compensation or compensation.
4.6 Upon delivery of the products, the Customer is required to sign the delivery note after having duly checked: i) that the number of packages delivered corresponds to that indicated in the transport document; ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal strapping).
4.7 Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately identified by affixing a specific indication on the delivery document of the product to be returned to the courier.
5. Right of withdrawal (returns and refunds)
5.1 Customers can exercise the right of withdrawal by returning the Products received to the Seller, without having to provide any reason and without any penalty, within 14 (fourteen) days from the date of delivery/receipt of the Product/s.
5.2 The Products being returned (hereinafter the " Returns ") must not have been used, worn, washed, altered or damaged and the label must still be attached. If the product is returned damaged or worn and without any labels/seals/tags/tags etc, the refund will be denied.
5.3 The following Products cannot be returned/returned: i) which are personalized or made according to the Customer's specifications; ii) which after delivery have become inseparable from other items.
5.4 To exercise this right, the Customer must send a written communication in which he expresses his explicit will to exercise the right of withdrawal by sending a written communication to the e-mail address: firstname.lastname@example.org indicating the number of 'Order to return (e.g. LNRS-00001).
5.5 In exercising the right of withdrawal, the Customer is required to return the Product/s to the Seller without undue delay and in any case within 14 (fourteen) days of delivery/receipt.
5.6 The Products must be returned to the Seller at the following address:
Lanerossi c/o Evologi Srl, via Monastier n. 1, 30020 – Meolo (VE), Italy
5.7 To return the Products, the Customer may use a courier of his/her choice. It is advisable to use a transport service that allows you to monitor and insure the shipment, as the Seller is not responsible during the shipment of the return which remains the responsibility of the Customer until the receipt is confirmed in the warehouse indicated by the Seller. The Seller will not be liable in any way in the event of damage, theft or loss occurring during or in any case in connection with the return shipment. In the event of damage to the goods during transport, the Seller will notify the Customer, to allow him to promptly report it to the courier and obtain the relevant reimbursement; the product will then be made available to the Customer and the withdrawal request will be cancelled.
5.8 Returns must be sent from the same country (country) in which the Order was placed. It will not be possible to accept returns from different countries (countries).
5.9 In case of withdrawal, the Seller will reimburse the Customer for the full amount already paid, including the amount equivalent to the cost of standard shipping of the products purchased (while any additional costs incurred for different types of shipping and delivery will not be refunded). from the standard one), within 14 (fourteen) days of withdrawal, by transferring the amount charged, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not incur any costs as a consequence of said reimbursement. The Seller may suspend the refund until receipt of the returned product or until the Customer demonstrates that he has correctly returned the product, whichever comes first.
5.10 The Seller, in case of exercise of the right of withdrawal by the Customer, has the right not to accept the return of the Products or not to fully reimburse the sums paid by the Customer for the purchase of those Products which, upon delivery, are not provided with of any labels/seals/tags/tags etc and/or which have been altered in their essential and/or qualitative characteristics and/or which have been damaged in any way.
5.11 The Seller shall, within 15 (fifteen) working days of receiving the Customer's return package, carry out the necessary checks relating to their compliance with the conditions and terms indicated in this article. In the event that the checks give a positive result, the Seller notifies the Customer via e-mail of acceptance of the return and the refund due. Otherwise, the Seller will notify the Customer, via e-mail, of any refusal or the existence of a decrease in value of the returned products and the amount that will be deducted from the refund, without prejudice, alternatively, to the possibility for the Customer to get back, at his expense, the Products in the state in which they were returned.
5.12 In the event of forfeiture of the right of withdrawal, the Seller will return the purchased product to the Customer, charging the same for the shipping costs and, if already reimbursed, the price of the product.
6. Legal guarantee
6.1 The mandatory legal guarantee provided by law in favor of consumers is applicable to all Products sold by the Seller to cover any lack of conformity existing at the time of delivery of the goods in accordance with the provisions of articles 128 et seq. of Legislative Decree no. 206/2005 ("Consumer Code") as amended by Legislative Decree 170/2021. It should be noted that the defect that occurs within 1 (one) year of delivery is presumed to exist at the time of delivery, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
6.2 The legal guarantee covers any lack of conformity that may appear within 26 (twenty-six) months from the relevant delivery.
6.3 The guarantee covers any defects in conformity of the goods provided that they have been used for the purpose for which they were intended and have been used correctly, for uses consistent with their nature and following the use and washing instructions provided. There is a lack of conformity when a Product does not present, where pertinent, the subjective and objective requirements pursuant to art. 129 of the Consumer Code and for example: i) correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics envisaged by the sales contract; ii) be suitable for any particular use desired by the consumer, which has been brought to the attention of the seller by him at the latest at the time of conclusion of the sales contract and which the seller has accepted; iii) be supplied together with all accessories, instructions; iii) be suitable for the purposes for which goods of the same type are normally used; iv) be of the quantity and possess the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and which the consumer can reasonably expect, taking into account the nature of the good and, in particular, in advertising or on the label.
6.4 In the event of a lack of conformity, the Customer has the right to the remedies pursuant to art. 135 bis and precisely to the replacement or repair of the Product, at your choice, except in the case in which the requested remedy is objectively impossible or excessively onerous compared to the other. In the event that replacement and repair are impossible or excessively onerous, the Customer will have the right to a price reduction or termination of the sales contract with consequent return of the goods and reimbursement of the price paid, pursuant to art. 135 bis of the Consumer Code. The Consumer has in no case the right to terminate the contract if the lack of conformity is minor. The replacement or repair are carried out without expense and considerable inconvenience for the Customer and within a reasonable period of time.
6.5 The lack of conformity must be communicated to the Seller in accordance with the provisions of this article. The communication can also be made by writing to the Lanerossi Customer Care e-mail address: email@example.com.
6.6 It should be noted that this regulation, as amended by Legislative Decree 170/2021, applies to sales after 01.01.2022, for previous sales apply the articles 128 ss in the previous version.
7. Request for information and complaints
7.1 Any request for information or complaint also relating to any defects or lack of conformity of the goods in accordance with the provisions of art. 6 of these General Conditions can be addressed to Lanerossi Customer Care at the following e-mail address: firstname.lastname@example.org.
8. Processing of personal data
8.1 The personal data collected with the forwarding of the Order will be processed for the purposes and in the terms better indicated in this Information on the processing of personal data.
9. Governing Law, Jurisdiction and Dispute Resolution
9.1 The distance selling contract referred to in these General Conditions and its execution is governed by Italian law, with non-application of conflict rules and the United Nations Convention for the International Sale of Goods.
9.2 For the resolution of related disputes, in the event of legal action, the Judge of the place of residence or domicile of the Consumer Customer will be competent.
9.3 In the event of disputes arising from the contract referred to in these General Conditions, the Customer may resort to the extra-judicial dispute resolution procedures - ADR procedure, referred to in articles 141 to 141-decies of the Consumer Code.
9. Finally, we inform you that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, including cross-border ones, accessible on the website http://ec.europa.eu/odr.
10. Right to modify the General Conditions
10.1 We reserve the right to review and modify these General Conditions at any time, without prejudice to the fact that for each purchase contract the General Conditions in force at the time of sending the Purchase Order apply, unless a modification of these conditions does not have to be made pursuant to the law.