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general conditions of Sale
Index
1 . Definitions1. Definitions
The terms and locutions listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.
● Customer: means any subject (natural or legal person) who purchases one or more Products through the On-Line Shop, accepting the General Conditions.
● Labolsina srl: means Labolsina srl, with registered office in via Monte Bianco 4 Monza 20900, a company that carries out the retail sale of the Products through the On Line Shop.
● Parties: means jointly and the Clients.
● General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by Labolsina srl
● On Line Shop: means the virtual shop, managed by and accessible via the URL http://www.labolsina.com , through which it is possible to purchase the Products.
● Sale and Purchase Agreements: means the sale and purchase agreements for the concluded Products, pursuant to art. 3, between Labolsina srl and the Customers through the On Line Shop.
● Orders: means purchase orders for Products sent by Customers, in accordance with the General Conditions and following the procedure set out in art. 6.
● Order Confirmation: means the e-mail message through which Labolsina srl communicates acceptance of Orders to Customers.
● Price: means the sale price of the Products as indicated in the On-Line Shop in correspondence with the Products themselves.
● Products: means the products published in the On Line Shop for the purpose of their sale.
● Profile: means the area of the Online Shop in which Customers can, after authentication: (i) view and modify their personal data and the addresses where the Products object of the Orders must be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function related to their activity in the Online Shop.
2. Object
2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part thereof.
2.2 Labolsina srl reserves the right to modify the General Conditions at any time, it being understood that those published in the Online Shop at the time the Orders are sent by the Customers will be considered applicable to the Sale and Purchase Agreements.
2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Purchase Agreements published in the On-Line Shop, the most favorable terms and conditions for Customers will apply.
3. Conclusion of the Sale and Purchase Agreements
3.1 Labolsina srl undertakes to send the Order Confirmation to the Customers within 2 working days of receiving the Orders from the Customers.
3.2 The Sale and Purchase Agreements are understood to be concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the term indicated in art. 3.1, the relevant Order shall be considered rejected by Labolsina srl and, therefore, ineffective.
3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchasing the Products pursuant to art. 6 and that I have fully accepted the General Conditions as well as that I have read all the additional information contained in the On-Line Shop, also referred to via links.
3.4 The Orders will be filed in the Online Shop database, according to the methods and in compliance with the provisions of Legislative Decree 06.30.2003 n. 196 ("Privacy") and will be accessible by contacting the references referred to in art. 16 or by accessing the Profile.
4. Availability of Products
4.1 Without prejudice to the provisions of art. 4.6, for each Product published in the Online Shop, indicate whether it:
(i) is available at its warehouses;
(ii) is not available in its warehouses;
(iii) is available "upon request";
(iv) is "customizable".
4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without this implying any liability towards the Customers.
4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" pursuant to art. 4.1 (ii) cannot be ordered by Customers. In the event of unavailability of a Product indicated as available at the time the Order is sent by a Customer, Labolsina srl, without prejudice to the provisions of art. 3.2, undertakes to indicate to this Customer, in a subsequent communication by e-mail, the indicative times foreseen for a new availability of the Product/s object of the Order sent by the Customer. The Customer can withdraw the Order within 48 hours of receiving this communication (without prejudice to the right of withdrawal pursuant to art. 9) by sending an e-mail message to the address specified in art. 16. In this case he undertakes to reimburse the Price as quickly as possible.
4.4 If in correspondence with a Product there is the indication available "on request" it means that such Product, at that moment, is not available in the warehouses but that it will be care to order it from the central warehouses after the Customer has ordered it.
4.5 If in correspondence with a Product there is the indication "customizable" it means that this Product can be modified/adapted/customized according to the specific requests of the Customers. In this case, Customers must specify their requests in the space provided when placing the Orders. After sending the Order Confirmation, he undertakes to communicate to the Customers, by e-mail, the deadline for the shipment of the customized Product. While undertaking to do everything in its power to ensure compliance with this deadline, the same is to be understood as merely indicative and does not imply any constraint for Labolsina srl;
4.6 Labolsina srl reserves the right not to indicate the availability of or some Products published in the On-Line Shop.
5. Price and shipping costs; taxes and duties
5.1 The Price is expressed in € (Euros). The applicable Price is the one published in the Online Shop at the time the Orders are sent by the Customers.
5.2 The Price is inclusive of VAT (at the rate applicable at the time of the order) if the Products are shipped from and delivered within the European Union. If the Products are shipped from and delivered outside the European Union, the Price does not include VAT.
5.3 The Price does not include shipping costs. Labolsina srl reserves the right to ask Customers for a contribution towards shipping costs which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination.
5.4 The contribution requested by Labolsina srl for shipping costs is indicated, separately from the Price, before the Customers send the Order and will be paid by the Customers together and simultaneously with the payment of the Price according to the methods set out in art. 7.
5.5 Any taxes, duties, and other charges established by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the appointed courier of the delivery.
6. Methods of sending Orders
6.1 In order to proceed with sending the Orders, Customers are required to register in the Online Shop by entering all the "mandatory" data and choosing a password to send the Orders and to access their Profile, even at a later time.
6.2 Customers can purchase the Products by selecting them in the section of the On-Line Shop dedicated to the type of Product they are looking for and placing them in the "cart". If the Products that the Customers intend to purchase are more than one, the same procedure above must be repeated by clicking on "add other products". Once the choice of Products has been completed, the Customers must, if they have not already done so, proceed with the registration pursuant to art. 6.1 or, if already registered, they must authenticate themselves by entering their e-mail address and password in the spaces provided and click on "proceed to checkout". Once the correctness of the data relating to the selected Product/s and the "shipping information" has been verified, the Customers must choose the payment method pursuant to art. 7. Choosing the method of payment, Customers can proceed with sending the Orders by clicking on "send".
7. Methods of payment
7.1 Customers can pay the Price and the contribution for shipping costs pursuant to art. 5 by credit card, postal order, PayPal, bank transfer or other means of payment which may be indicated by in the On Line Shop. reserves the right to vary, at any time, the means of payment that can be used by the Customers, it being understood that those published in the On-Line shop at the time the Orders are sent by the Customers will be understood to be usable.
7.2 In case of payment by credit card, the charge to the Customers of the Price and the contribution for the shipping costs referred to in art. 5 takes place, once the credit card details have been verified and the debit authorization has been received from the company issuing the credit card used by the Customers, at the same time as the Order Confirmation is sent. The credit card data sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment is made directly on a secure server, with a TREDSECURE encryption key in order to guarantee the absolute security of the transaction. The credit card details are not accessible by or in any case third parties, neither at the time the Orders are sent nor subsequently.
7.3 In case of payment by postal order, Customers must make the payment, to the postal current account indicated in the Online Shop, at any post office, indicating the order number in the reason for the transfer (including the initial letters ) communicated by at the time the Order is sent by the Customers and in the Order Confirmation.
7.4 In case of payment by bank transfer, Customers must make the transfer to the bank details indicated in the On-Line Shop, indicating in the description the order number (including the initial letters) communicated by when sending the Order by Customers and in the Order Confirmation.
7.5 In case of payment via PayPal, at the time the Orders are sent by the Customers, the Web session will be transferred to PayPal's secure website. On this website, Customers can complete the payment of the Price and the contribution for the shipping costs referred to in art. 5 using their PayPal account and according to the conditions of use of the PayPal service signed by the Customers at that time or previously. The debit of the Price and of the contribution for the shipping costs pursuant to art. 5 on the Customer's PayPal account takes place at the same time as the Order Confirmation is sent.
7.6 If requested by the Customers together with the sending of the Orders, it will send the Customers a regular invoice, by e-mail or post. For the purpose of issuing the invoice, the information provided by the Customers shall prevail. No variation of the invoice will be possible after its issuance by Labolsina srl 7.7 The information received by under this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in case of exercise of the right of withdrawal pursuant to art. 9. by Customers.
8. Shipping and delivery of Products
8.1 Given that "shipping" of the Products by Labolsina srl means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Labolsina srl is not required to ship the Products until it has received payment of the Price; once payment of the Price has been received, Labolsina srl undertakes to ship the Products:
(i) in the case of available Products (as defined in Article 4.):
- within 3 working days of receipt of the debit authorization communication pursuant to art. 7.2 when paying by credit card;
- within 3 working days from the moment in which the information of the payment was made available in case of payment by means other than credit card;
(ii) in the case of available Products which have become unavailable (as defined in art. 4.3), within 3 working days from the moment in which such Product or such Products are available again at the Labolsina srl warehouses without prejudice to the Customer's right to withdraw the Order pursuant to the same art. 4.3;
(iii) in the case of "on request" Products (as defined in art. 4.4.), within 3 working days from the moment they are available in the Labolsina srl warehouses
(iv) in the case of "customized" Products, (as defined in art. 4.5.), within 3 working days from the moment they are available in the Labolsina srl warehouses
(v) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.6) and the Products are available in the warehouses at the time the Order is sent by the Customers:
- within 3 working days of receipt of the debit authorization communication pursuant to art. 7.2 when paying by credit card;
- within 3 working days from the moment in which the information of the payment was made available in case of payment by means other than credit card;
(vi) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.6) and the Products are not available in the warehouses at the time the Order is sent by the Customers , within 3 working days from the moment the Products are available in the Labolsina srl warehouses
8.2 Labolsina srl guarantees the shipment of the Products, in the States indicated in the On-Line Shop, by express couriers selected from time to time according to the Product object of the Order and the place of destination. The Products are shipped by Labolsina srl and delivered by the courier selected by Labolsina srl to the address indicated by the Customers at the time of registration pursuant to art. 6.1 or to a different address indicated when the Order was sent.
8.3 Labolsina srl undertakes to do everything in its power so that the Products shipped pursuant to articles 8.1 and 8.2 are delivered by selected couriers:
- in Italy within 48 hours from the shipment date;
- outside Italy within 10 days from the shipping date.
8.4 The delivery terms pursuant to art. 8.3, cannot, in any case, be considered binding and Labolsina srl, not being able to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.
8.5 In order to allow Customers to follow the status of the Orders, generate an Order number which, inserted in the "My orders" section - accessible from all pages of the On-Line Shop - allows you to check all the information relating to Orders.
8.6 Customers can also check the status of the Orders thanks to the online "Order Tracking" function provided by the courier chosen for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the tracking data communicated by Labolsina srl by e-mail or by accessing the Profile.
8.7 Customers, or other subjects appointed by Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:
(i) the Products correspond to what is indicated in the courier's transport document (DDT) both in terms of number and type;
(ii) the packaging/package of the Products is intact, not damaged, wet or otherwise altered, even in the sealing materials.
8.8 Any damage to the packaging/packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the courier's proof of delivery. It is understood that, once the courier's document has been signed without any objection, the Customers can no longer raise any objection to Labolsina srl with reference to the external characteristics of what was delivered.
8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must affix a signature to certify the delivery. Couriers do not deliver to post office boxes or by placing the Products in letterboxes or other similar places.
9. Right of withdrawal
9.1 If the Customers are "consumers" (ie a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), the Customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by customers by sending a written communication, by e-mail to the address indicated in art. 16, containing:
(i) the manifestation of willingness to exercise the right of withdrawal;
(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In case of exercise by the Customers of the right of withdrawal pursuant to this art. 9:
(i) Customers undertake to return the Products within 10 working days from the date of the notice of withdrawal pursuant to art. 9.1;
(ii) all costs associated with returning the Products are entirely borne by the Customers;
(iii) undertakes to reimburse the Price in the shortest possible time, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging/packaging of the Products is also returned and is intact;
- any accessories, instruction manuals, etc. are also returned and are intact;
- the Products have not been used;
(iv) will communicate to the Customers the methods of reimbursement of the Price and may, for this purpose, ask the Customers for their bank details (IBAN and current account holder).
9.3 If the Customers exercise the right of withdrawal in a way that does not comply with the terms and conditions set out in this article 9, the Customers are not entitled to a refund of the Price.
9.4 As an alternative to exercising the right of withdrawal pursuant to this art. 9, "consumer" Customers (according to the definition in article 9.1) can opt for a "product change" according to the methods and terms specified in the On Line shop.
10. Defects / discrepancies of the Products
10.1 If the Products present a guarantee recognized by the manufacturer of the same (commercial / conventional guarantee), any defects/non-conformities of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the guarantee itself.
10.2 "Consumer" Customers (as defined in art. 9.1) can request from the seller, within the term set out in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided by the same Consumer Code for defects in conformity of the Products existing at the time of delivery of the goods.
11. Product Liability
The manufacturer of the Products is the person responsible for any damage caused by defects in the Products themselves.
12. Privacy
Labolsina srl declares and guarantees that the Customers' personal data will be treated in compliance with the provisions of Legislative Decree 196/03, and subsequent amendments. The details relating to the methods of data processing are communicated to customers at the time of registration pursuant to art. 6.1 or 6.2.
13. Errors and/or inaccuracies in the Online Shop
13.1 Labolsina srl undertakes to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Store contains, or may contain, errors, inaccuracies or omissions over time. 13.2 therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.
14. Intellectual Property
All intellectual property rights associated with the On-Line Shop (including the contents) are the exclusive property of Labolsina srl The On-Line Shop and its contents may not be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of .
15. Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 governs distance contracts - and by Legislative Decree 70 of 09/ 04/2003 on electronic commerce) and must be interpreted in the light of this.
15.2 For any controversy that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements, the Court of Monza will have exclusive jurisdiction.
16. Contacts
For further information and assistance on the On-Line Shop or on the methods of purchasing on the On-Line Shop or on the Sale and Purchase Agreements, Customers can contact our customer service department, or by letter to the address below:
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