These general terms (hereafter, “General Terms”) regulate the distance sale of Society Limonta branded products finalised via the website www.societylimonta.com/it (hereafter, the “Website”) under the following terms.
Products purchased on the Website are sold directly by Limonta S.p.A. (hereafter, the “Seller”), with registered headquarters in Italy, Via Cesare Battisti 15 – 23845 Costa Masnaga (LC), registered at the Companies Register of Lecco at no. 81509, Tax Code and VAT No. 00201760139.
The Seller, in order to meet the needs and expectations of its customers, has decided to create, alongside its exclusive Society Limonta sales outlets and the network of dealers of the Society Limonta brand, a distance sales network for its products (or part of them) via the Website. The list of Society Limonta products available for distance sales can be consulted on the Website.
These terms of sale regulate the sale of products branded Society Limonta.
- SALES POLICY
- The distance sales service described in these General Terms is aimed at “Customers” meaning both individuals aged over 18 and legal entities.
- The resale, rental or transfer for any commercial purposes or for profit of products purchased on the Website is expressly prohibited.
- In view of its sales policy, the Seller may, in any case, reserve the right not to process orders that it deems not to be compliant.
- The Seller may make changes to these General Terms at any time. Therefore, the Customer is responsible for verifying and accepting the General Terms in force when making a purchase.
The Seller reserves the right not to recognise the authenticity of products offered and on sale on websites of other dealers other than its authorised partners. The Seller provides a list of its authorised partners on its Website, and disclaims any liability for purchases of non-compliant items on unauthorised websites.
- PRODUCTS AND AVAILABILITY
- The Website sets out the essential characteristics of the products, their price and availability. For each product, in addition, photographic images and descriptions are provided to allow for the correct representation of the items on sale.
- The Seller reserves the right to vary the products on sale on the Website at any time.
The Seller does not guarantee that the products found on the Website are available in the stores and vice versa. Customers must rely upon the description and characteristics of the product presented on the Website.
- The Seller undertakes to enter on the Website images and/or faithful reproductions of the original products, using every possible technological solution to reduce inaccuracies to a minimum. However, the images and colours of the products on sale on the Website may not correspond to the actual characteristics due to the resolution of the monitor and browser used by the Customer. As a result, the Seller will not be responsible for any inadequacy of the images found on the Website due to technical reasons.
- The products put on sale on the Website shall be construed as “available” and subject to availability at the time of purchase.
Problems may occasionally arise in relation to the availability of the products. In these cases, the Seller will inform the Customer promptly (by telephone or e-mail) offering the possibility of choosing a product of the same nature as that which is not available or cancelling the order.
If the Customer decides to cancel the order and if the charge has already been paid, the Customer will be promptly reimbursed.
- For some sizes, the products may be available “upon request”. In this case, the Customer may send the request to the Seller which will check if the product is available in the warehouse, responding to the Customer as soon as possible and, in any case, within 45 (forty-five) days commencing from the day after that on which the order request was sent.
The Seller reserves the right not to implement an order request that is incomplete or incorrect or if the products are not available.
- All products are equipped with an identification tag. The tag must not be removed from the product. The Seller, if the Customer exercises the right of withdrawal, is entitled not to accept products without this tag or products that are damaged or altered in their essential or qualitative characteristics.
- FINALISATION OF CONTRACT
- To finalise the purchase contract on the Website, the Customer must: place the products into the Basket (using the specific functions), complete the order form in electronic format, select the payment method, accept the General Terms and send the order form to the Seller electronically.
- Before sending the order form, the Customer is required to read carefully all instructions provided during the purchase process, also with regard to delivery charges, the right of withdrawal and information on Privacy, as well as these General Terms.
- Once you have confirmed the order, it will be sent to the Seller and can no longer be changed or cancelled. The order will be considered binding only if the entire purchase process has been duly completed without errors.
- The Seller may not be held liable in any way for any errors resulting from any problems concerning the Customer’s connection to the Website.
- Before confirming and sending the order form, the Customer may make any changes to the data entered (for example, correct the number of products or shipping address).
- The purchase contract is deemed to be finalised when the Customer receives confirmation of the purchase order, on a durable medium, after the availability check and the full price has been charged to the Customer.
- The order confirmation will contain:
- A summary of the main characteristics of the purchased products;
- Detailed indication of the price and payment methods;
- Information relating to shipping costs and delivery timescales;
- Conditions for exercising the right of withdrawal;
- Information on after-sales support services.
- The Customer is prohibited from entering false or invented names in the purchase process and in any other communications.
The Seller, therefore, is exonerated from liability for issuing incorrect tax documents due to errors relating to data provided by the Customer when entering the order.
- The Seller may refuse an order proposal:
- Where the products are unavailable (without prejudice to what is stated at points 2.5 and 2.6)
- Where the payment is unsuccessful (failure to charge the Customer’s credit card)
- In the event of previous non-fulfilment by the Customer of its obligations.
- PRICE AND SHIPPING COSTS; TAXES AND DUTIES
- The prices of all products sold on the website include taxes, rates and customs charges.
- The prices are indicated in Euro (EUR) in shipments to all countries of the European Union, as well as European countries not belonging to the European Union, such as Iceland, Norway, Switzerland, Bosnia Herzegovina, Serbia, Montenegro, Albania and Macedonia.
- The total price shown during the purchase process includes the fixed price shipping costs indicated in point 4.5, and applicable taxes and rates.
- The prices of the products may be updated. The Customer is required to check the final sale price when sending the purchase request.
- Shipping costs, including the total cost shown in the basket during the purchase process prior to confirming the order, are charged to the Customer in a fixed amount equal to:
- € 10.00 (vat excl.) for each order to be delivered in Italy, including the islands.
- € 20.00 (vat excl.) for each order to be delivered in France, Germany, Spain, Portugal, Netherlands, Sweden, Finland, Denmark, Belgium, Austria, Ireland, Luxemburg, Great Britain, Croatia, Bulgaria, Czech Republic, Estonia, Greece, Hungary, Lithuania, Poland, Romania, Slovakia, Slovenia, Latvia and Malta.
- $ 60.00 / € 60,00 for other countries.
- PAYMENT METHOD
- The Customer may pay the fee due to the Seller for the products contained in the order form, together with the shipping costs, by way of PayPal.
- When the Customer is sending the order, an iframe will open up in the same web session, which allows for payment to be made securely on the Seller’s website, without being redirected to the PayPal website.
- The Customer can choose whether to complete the payment using a PayPal account or credit card (Visa, MasterCard, Carta Aura, American Express, Discover, Maestro) or prepaid card (PayPal prepaid card, Postepay), in accordance with the terms of the PayPal service. The price will be charged at the time of sending the order form, only after the necessary checks for availability of the items.
- Where it is not possible to debit the price due from the Customer, it will not be possible to finalise the contract and the order will be cancelled.
- Where one or more products are unavailable, the Customer will be promptly informed of this and will have the right to cancel or change the order. The Customer will, therefore, only be charged the price and shipping costs for the confirmed available products.
- For each order, the Seller will issue a due invoice which will be sent to the Customer by e-mail or post. The invoice is issued based upon the information provided by the Customer when making the order, and it is not possible to amend the same after it has been issued.
- SHIPMENT AND DELIVERY
- The Seller is not required to ship the products until it has received full payment for the same.
- The products will be delivered by the courier selected by the Seller (hereafter, the “Courier”) to the address provided by the Customer in the order proposal, and the Customer or its delegate will be required to sign for delivery.
- For security reasons, the Seller does not make deliveries to post office boxes or by placing the products in letter boxes or similar places.
- The purchased products will be delivered by Courier from Monday to Friday, thus excluding Saturdays, Sundays and local and/or national public holidays. Deliveries are made at the latest within 30 (thirty) days from the date of finalisation of the contract or by a different deadline that may be agreed with the Customer (except where cases of force majeure or unforeseeable circumstances occur, such as the suspension of the work or sudden faults with the machinery and other events outside the Seller’s control that may make impossible or delay the delivery within the agreed terms).
- Shipping times depend on the shipping Country:
- ITALY: 1-3 working days;
- EUROPE: 1-2 working days;
- AMERICA: 2-5 working days;
- ASIA: 2-5 working days;
- OCEANIA: 6-8 working days.
- If the Seller does not fulfil its obligation to deliver the products by the deadlines established in point 6.4, the Customer may invite the Seller to make the delivery within an appropriate additional term of ten (10) days, in accordance with the provisions of the Consumer Code at Art. 61.
If the purchased product is not delivered within the additional set term, the Customer is entitled to terminate the contract immediately.
- The risk of loss or damage to the products is transferred to the Customer when the Customer or its delegate materially enters into possession of the product.
- Where, on the other hand, the loss or damage of the products is directly attributable to the Seller, the latter will proceed to replace the product free of charge, subject to the express request of the Customer to be sent by e-mail to Customer Services.
- Upon delivery by the Courier, the Customer is required to check:
- that the number of packages delivered corresponds to what is indicated in the delivery note;
- that the packaging and identification tags are intact and not altered or damaged in any way;
Any damage to the packaging and/or wrapping of the products or lack of correspondence of the number of packages must be immediately disputed by the Customer in writing on the Courier’s delivery note. Once the Courier’s document is signed without any dispute, the Customer may no longer object regarding the characteristics of what has been delivered.
- GUARANTEE AND CONFORMITY OF PRODUCTS
- The Seller guarantees that the products sold on the Website are authentic items obtained by way of a production process that makes each item different and unique. Therefore, small discrepancies compatible with the craftsmanship of the products and which do not, in any case, affect the functionality and/or appearance and/or image of the products are not considered to be defects and deformities.
- The measurements indicated on the product specifications on the Website are subject to a tolerance of +/-3%. The Seller, therefore, is not liable for alterations of the dimension of the products within those limits.
- Where the products have any defects or deformities, the Customer is entitled to the restoration of conformity of the product at no cost, by way of repair or replacement, unless the requested remedy is objectively too onerous. In compliance with Art. 130, Paragraph 7 of the Consumer Code, the Customer may request an appropriate reduction of the price or termination of the contract. The Customer forfeits that right if it fails to report to the Seller the lack of conformity within the term of two (2) months from the date on which the defect was discovered. Any action to invoke defects not maliciously concealed by the Seller is limited, in any case, to the term of twenty-six months from delivery of the product.
- Where the Customer requests, as set out in point 7.3, the repair or replacement of the product due to a proven defect of conformity of the product, the delivery costs relating to the return and subsequent re-shipment are borne by the Seller.
- In the case of an alleged defect of conformity, the Customer is required to contact the Seller by e-mail or by post, at the following addresses:
SS 36 – km 36, no. 9
23846 Garbagnate Monastero (LC) – Italy
For the attention of Online Sales Support
- The Seller disclaims any liability for defects or deformities of the product that occur over the course of two years as a result of any failure to respect the washing instructions or due to negligence, fault or wilful misconduct or for improper use of the products.
- RIGHT OF WITHDRAWAL
- In accordance with Art. 52 of the Consumer Code, the Customer is entitled to withdraw from the contract within fourteen (14) days from the date on which the product was delivered without providing any reason. To exercise the right of withdrawal, the Customer is required to complete the specific “return form” found in the packaging of the purchased products and also attached to the order confirmation e-mail, or to send a specific communication highlighting the clear intention to withdraw from the contract. That communication should contain an indication of the Product for which the Customer intends to exercise the right of withdrawal and the order number. The return form or any communication must also be sent to the Seller by way of e-mail to the following address: email@example.com. The Seller will promptly send to the Customer confirmation of receipt of the return form or the cited declaration.
- The right of withdrawal is understood to be correctly exercised if the following conditions are in place:
- The return form or communication must be sent by the set deadlines:
- The products must not have been used, washed or worn;
- The identification tag must not have been removed from the product;
- The products must be returned in their original packaging;
- The products must be returned to the Seller within 5 (five) days from the date of exercise of the right of withdrawal;
- The products must not be damaged.
- If the Customer exercises the right of withdrawal:
The Customer undertakes to return the products within five 5 (five) days from the communication of withdrawal (sent in accordance with the methods set out in article 8.1) to the following address:Society Limonta
SS 36 – km 36, no. 9
23846 Garbagnate Monastero (LC) – ItalyAll costs related to the return of products are borne in full by the Customer.
- The Seller undertakes to refund the price as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal.
The Seller, however, may retain the refund until it has received the goods.
- The Seller will make the refund using the same payment method used by the Customer for the initial transaction, unless otherwise agreed with the Customer.
- If the returned product is found to be in one of the conditions set out in point 8.2 and the return cannot be accepted, the Seller will contact the Customer and, in this case, the Customer may choose to have the product back at its expense. Where, on the other hand, the Customer does not wish to have the product back, the Seller reserves the right to retain the products and the sum corresponding to the purchase price of the goods.
- In accordance with Art.57, Paragraph 2 of the Consumer Code, the Customer is solely liable for the reduction in value of the goods resulting from any handling of the same other than what is necessary to establish their nature, characteristics and functioning. The Seller, therefore, reserves the right to refuse the return of any products that may be damaged, dirty, deteriorated or are in a condition that infers that they have been used for purposes other than those indicated above. The Seller also reserves the right to claim compensation for damage that may be attributed to the wilful misconduct or negligence of the Customer when returning the products. The Seller will not be deemed liable in the event of loss or theft of the returned products, not attributable to it, as well as in the event of return to an incorrect address or delays in delivering the products. It is therefore understood that the Customer accepts any shipment risk.
- INTELLECTUAL PROPERTY
- The brand Society Limonta, along with the set of figurative and non-figurative trademarks and more generally the illustrations, images and logos present on the Website are and will remain the exclusive property of Limonta S.p.A.
- The total or partial reproduction, tampering or use of those trademarks, images or logos, for any reason and on any media, without the prior written agreement of the Seller, is strictly prohibited.
- APPLICABLE LAW AND COURT WITH JURISDICTION
- Any dispute relating to the application, implementation, interpretation and violation of the purchase contract entered into “online” via the website societylimonta.com will be subject to Italian jurisdiction; these General Terms refer, for anything not expressly set out herein, to the combined provisions of Italian Legislative Decree no. 50 dated 15/01/1992 and Italian Decree no. 185 dated 22/05/1999.
- For any dispute between the parties in relation to this contract, the Court in whose circuit the consumer has its domicile will have jurisdiction if located in the territory of the Italian state; for all other customers, it is agreed that any dispute will be under the exclusive jurisdiction of the Court of Milan.
- For further information and assistance on the Website and on the online purchasing methods, the Customer may contact the Seller at the following details:Society Limonta
SS 36 – km 36, no. 9
23846 Garbagnate Monastero (LC) – Italy
Tel. 031 857111
Fax 031 857569