GENERAL CONDITIONS OF SALE
of the website “www.lamaffei.com”
1.1 The General Conditions of Sale published herein shall govern the agreement of sale (hereinafter, for the sake of brevity, the “Agreement”) to users of the website (hereinafter, for the sake of brevity, the “Purchasers” or “Purchaser”), through electronic means, of goods (hereinafter, for the sake brevity, the “Item” or “Goods”) displayed on the website www.lamaffei.com (hereinafter, for the sake of brevity, the “Website”), managed by LVM S.r.l. – with headquarters in Via Ernesto Pontieri, 9/A 83100 – Avellino (AV) VAT no. : 03020210641(hereinafter, for the sake of brevity, “La Maffei”).
1.2 The General Conditions of Sale published on the Website shall be viewed and acknowledged by the Purchaser prior to the purchase of an Item; by sending the purchase order, the Purchaser acknowledges having reviewed and accepted said conditions.
1.3 Moreover, Purchasers will benefit from the protection provided for in the event of entering into distance agreements pursuant to Title III, Section II, of the Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), as well as all further statutory protections set out for Purchasers under the same Consumer Code http://www.codicedelconsumo.it/.
1.4 The sections “Shipping and Delivery”, “Returns and Exchange”, “Payment” on the Website shall be considered to be an integral and substantial part of these General Conditions of Sale.
- Conclusion of the Agreement
2.1 In order to purchase Goods, the Purchaser shall send their purchase order and carry out payment according to the procedures described in the relevant sections.
2.2 In particular, the steps to proceed with a purchase are as follows:
- the Purchaser may have free access to the Website and view the main features of the displayed Goods, including their price, as well as the images published to illustrate the Goods themselves;
- the Purchaser can select one or more Goods which he/she intends to purchase, by including them in a virtual “shopping cart”. The contents of the shopping cart can always be viewed by the Purchaser prior to placing the order; moreover, by accessing the shopping cart, the Purchaser can find out, before buying and paying, any information related to the purchase of the Goods, including shipping charges and estimated delivery times;t
- to make the purchase, the Purchaser shall register on the site, by providing their e-mail address and choosing a password, which will allow them to access the Website;
- as an alternative to the Website registration, the Purchaser will be able to make the purchase as a guest. In this case, the data required to complete the order will be kept in La Maffei database only for the period of time necessary for the execution of the order, and the Purchaser will be asked to enter the same data for each new order;
- in order to complete the order, the Purchaser shall also enter the shipping address and data required for payment in the “shopping cart” section;
- the Purchaser may change the selected Goods and data entered up until the final submission of the order, which takes place by selecting the “Payment” button.
2.3 The Purchaser can make payment by credit card or bank transfer. More in-depth information regarding payment methods is available in the “payment” section of the Website.
2.4 Once the purchase order has been received, La Maffei will send an order confirmation receipt to the Purchaser’s e-mail address containing a summary of the information in relation to the purchase and will proceed with the order itself. In any case, the order shall be deemed to be accepted and, consequently, the agreement shall be deemed to be concluded when the Purchaser receives the order confirmation in his/her e-mailaccount.
2.5 The Agreement will be filed in pdf format and sent using said e-mail address; it will also be stored electronically by La Maffei.
- Rights and Obligations of the Parties
3.1 La Maffei will carry out the delivery of the Goods to the address provided by the Purchaser in the purchase order, using a dedicated carrier. More in-depth information regarding the shipping timeframes, costs and locations can be found in the “Shipping and Delivery” section of the Website.
3.2 La Maffei assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness when filling in the purchase order by the Purchaser, or for any damage incurred by the Goods after delivery by the carrier, or for any delivery delays caused by the carrier, weather conditions, international customs issues or by other circumstances which are beyond La Maffei’s control.
3.3 In the event that one or more Goods are unavailable, La Maffei will notify the Customer by sending an e-mail to the e-mail address he/she provided at the time of registering on the Website. In this case, La Maffei will refund the Customer – by crediting the Purchaser’s payment card or account provided for purchase – for the sale price and also, where the purchase relates only to the one Item which is unavailable, the shipping costs. Subject to the Purchaser’s consent, La Maffei may send an Item other than the one ordered, of equivalent value.
3.4 Where the designers decide to make changes in the production phase and/or not to manufacture one or more products, where there is a change or where the pre-ordered product is not delivered by the designer, La Maffei shall contact the Customer to ask for his/her express consent to proceed with the shipping in any case or to cancel the order and provide a refund.
3.5 In any event, the unavailability of one or more Goods ordered shall not provide grounds for cancellation of the entire order by the Purchaser.
3.6 At the time of delivering the Goods by the carrier responsible for their transport, the Purchaser shall check, in the presence of the carrier:
- that the packaging used to transport the Goods is undamaged and not tampered with, even only in the materials used to seal the Goods;
- that the quantity and type of Goods ordered is as indicated in the delivery note and order.
3.7 Should the Purchaser find any irregularities or discrepancies, he/she must immediately notify the carrier upon delivery of the Goods.
3.8 The Purchaser is solely responsible for the accuracy and correctness of the information and data he/she provides to La Maffei and shall undertake to promptly notify them of any changes in the previously provided data.
- Conformity of the Goods
4.1 La Maffei shall undertake to ensure that the description and/or photographic representation of the Goods on the Website are as faithful as possible to the Goods themselves.
However, given the fact that the image quality may depend on the IT tools used by the Purchaser, the Purchaser’s perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves; therefore, the images and videos accompanying the presentation of the Goods must be published on the Website as a mere description.
4.2 In the event that the Goods delivered are found to be faulty or different from the Goods ordered, La Maffei shall undertake to provide the Customer with a legal guarantee of conformity, to be effective under the terms and conditions pursuant to Articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Purchaser shall have the right to request, as an alternative:
- the delivery of Goods which are identical to those ordered according to stock availability, or
- the delivery of equivalent Goods in quality and price according to stock availability, or
- the refund of the price of the Goods and shipping costs.
4.3 The guarantee provided for in this article shall apply only when the Goods have been handled with due diligence and in accordance with their intended purpose, as well as upon the Purchaser presenting the delivery note received and order number.
4.4 In any case, the guarantee referred to in this article shall not apply with regard to defects resulting from the Item’s normal wear and tear.
5.1 In accordance with the provisions of the Consumer Code, the Purchaser is entitled to withdraw from the agreement without paying penalties and without specifying their reasons, starting from the receipt of the order confirmation sent by La Maffei and within fourteen working days from receipt of the Goods.
5.2 Should he or she wish to exercise this right of withdrawal, the Purchaser shall send the relevant notification to La Maffei within said period of 14 working days from the date of delivery of the Goods.
5.3 In the case of exercising this right of withdrawal, the Purchaser is also obliged to return the Item(s) to La Maffei no later than two weeks from the sending of said notification.
5.4 More in-depth information concerning the procedure and instructions to be followed to exercise the right of withdrawal and related expenses can be found in the “Returns and Exchange” section of the Website.
5.5 An essential condition to exercise the right of withdrawal will be the substantial integrity of the product being returned. It is sufficient that the Goods be returned in a normal state of preservation, being safeguarded and, where necessary, handled using normal diligence.
5.6 In particular, the Goods must be returned:
- properly packaged in their original packaging, in perfect condition for resale (not ruined, damaged or dirtied) and with all accessories and documentation where present;
- bearing the delivery note (found in the original packaging), to allow La Maffei to identify the Purchaser (Order number, name, surname and address);
- without manifest signs of use, apart from those associated with the performance of a normal test of the Item.
They should not bear any traces of prolonged use (over several minutes), exceeding the time required for a trial and shall not be in a condition that does not allow them to resold.
5.7 The costs of returning the Goods shall be borne by the Purchaser, as specified more clearly in the “Returns and Exchange” section of the Website.
5.8 As a result of the Purchaser exercising his/her right of withdrawal in accordance with these General Conditions of Sale, La Maffei shall refund the customer for the same amounts paid by crediting the payment card or checking account provided for the purchase. The refund shall take place within 14 days from the date when La Maffei is made aware of the Purchaser’s exercise of the right of withdrawal.
5.9 Where the Purchaser fails to comply with the conditions laid down in Article 5.5 and 5.6, the Seller reserves the right to deduct an amount corresponding to the decreased value of the returned Goods from the refund of the amounts paid by the Purchaser, giving proper notice to the Purchaser.
Following this communication, the possibility remains for the Purchaser to regain, at his/her own expense, the products in the condition in which they were returned to the Seller.
5.10 The right of withdrawal, however, shall not apply in relation to:
- a) customised Goods or Goods which, by their nature, cannot be returned or are liable to deteriorate or change rapidly;
- b) Sealed electronic/IT goods, cosmetics and perfumes which have been opened by the Purchaser
- Protection of personal data
6.1 La Maffei undertakes to respect the confidentiality of personal information collected when registering on the Website and/or provided at the time of purchase by the Purchaser, and to process it in accordance with the rules laid down under Legislative Decree. 196/03.
6.2 In this regard, please refer to the detailed information outlined in the “Privacy” section.
7.1 La Maffei reserves the right to modify, at any time, the present General Conditions of Sale.
7.2 The General Conditions of Sale applicable to the sale of each Item will be those published on the Website on the date of the order of the Item itself. The Purchaser, therefore, must read and agree to the General Conditions of Sale before making any purchase.
7.3 Should any provision of these General Conditions of Sale be deemed void or invalid, the present General Conditions of Sale shall, in any case, remain valid and effective in the remaining parts.
7.4 La Maffei’s mere tolerance or failure to dispute any non-compliance by the Purchaser with the information contained in the General Conditions of Sale shall not be interpreted as tacit acceptance of such non-fulfilment, nor as a desire to waive the provisions agreed between the parties.
8.1 For any communication and/or request for assistance and/or complaints relating to the Goods purchased, the Purchaser may contact La Maffei at the addresses indicated in “Contacts” section of the Website.
- Applicable Law and Settlement of Disputes:
9.1 The present General Conditions of Sale are governed by Italian law and shall, therefore, be interpreted and enforced accordingly.
9.2 In the event of a disservice or dispute between LVM SRL and one of our users/customers, we guarantee, as of now, our participation in an attempt to achieve a friendly solution, which the user can put forward on RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of Avellino’s Chamber of Commerce, which makes it possible reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure manner.
Summary Window prior to Order Acceptance:
Products purchased on this Website are sold directly by LVM S.r.l. with headquarters in Via Ernesto Pontieri, 9/A 83100 – Avellino (AV), VAT No. : 03020210641 (hereinafter, for the sake of brevity, “La Maffei”). For further information, refer to the Legal Section (insert link). You will also find information about orders and shipping, refunds and returns of products purchased on this Website in the “Returns and Exchange” section of the Website. Remember that, even after your purchase, you can always contact La Maffei using the following “Contact” section (Insert link).
You have the right to withdraw from the agreement concluded with La Maffei, without any penalty and without specifying the reason within fourteen (14) days from the day of receipt of the products purchased on this Website. To cancel the agreement, you must send an e-mail to firstname.lastname@example.org to request a return authorisation number. The written request must contain the order number, the code of the item being returned and the reason for the return: refund, change of size/colour. Once the written request has been received, email@example.com will send you a written confirmation with a return authorisation number. You must write this return authorisation number on the return form attached to each item and on the outside of the box.
The right of withdrawal being properly exercised shall depend on the following conditions also being met: a. The Return Form and security seal must still be intact and attached to the returned items. They must not be removed or cut in any way. b. The items articles must not have been worn, washed or altered in any way and must not show any sign of use. The soles of footwear must be in perfect condition and must not be marked in any way. c. Items must be returned with all original tags, packaging and other accessories (bags, hangers, garment bag, etc.) that were received with your order; the returned products must be delivered to the forwarding agent within fourteen (14) days starting from when you notify La Maffei of your decision to withdraw from the agreement.
The shipping costs for the return of items purchased at full price or discounted by less than 50% shall be borne by La Maffei.
The shipping costs for the return of items discounted by more than or equal to 50% shall be borne by the customer.
Any customs charges shall also be paid by the customer.
La Maffei recommends that all returns be shipped via DHL using the codes provided by our customer service. If you wish to use another carrier other than DHL, you will be responsible for all transportation costs and there will be an additional charge of 10% of the total value of the returned goods.
All information on the subject of withdrawal is available in the Legal Section – “General Conditions of Sale” (insert link) and in the “Returns and Exchange” section (insert link) of the Website.
CONDITIONS OF WEBSITE USE TRADE POLICY
The Website www.lamaffei.com is managed by LVM S.r.l. with headquarters in Via Ernesto Pontieri, 9/A 83100 – Avellino (AV), VAT No. : 03020210641 (hereinafter, for the sake of brevity, “La Maffei”).
Access and navigation of the website www.lamaffei.com are governed by these Conditions of Use, so by accessing and browsing the website www.lamaffei.com, users shall agree to comply with such Conditions.
Access to the Website and its services is intended solely for personal use unrelated to any commercial, business or professional activity.
The site and its contents (by way of example and not limited to: the works, images, pictures, dialogues, music, sounds and videos, documents, drawings, figures, menus, webpages, graphics, colours, patterns, tools, fonts and website design), as well as the trademarks and distinctive signs used by La Maffei in connection with the sale of goods, are protected by intellectual property regulations. Consequently, it is forbidden to reproduce, communicate, distribute, publish, alter or change, in any way or for any purpose, the Website content, trademarks and distinctive signs used by La Maffei unless expressly authorised by Universal or by other rights holders where present.
The trademarks and distinctive signs present on the Website used to distinguish the products sold on www.lamaffei.com are the property of their respective owners and are used within the Website only for the purpose of distinguishing, describing and advertising the Goods for sale.
The user is solely responsible for his/her use of the Website and its content, and is solely responsible for the safeguard and proper use of his/her personal information, including the credentials used to access the Website and any harmful consequences that may result from incorrect use, loss or theft of such information.
Excluding liability for intent and gross negligence, La Maffei assumes no liability for use of the Website and its content by the user that does note comply with current regulations, nor for providing incorrect or fake information, or data that pertains to third parties without the express consent of the latter.
La Maffei assumes no liability in relation to the malfunctioning of the Website or to damages caused to the user by using the Website, which are not causally related to La Maffei.
La Maffei publishes information on its website in order to provide a service to users; however, it is not liable for any technical inaccuracies and/or typographical errors. When reported, La Maffei will immediately make any corrections.
La Maffei makes no guarantee that the information published on its website complies with the laws of the relevant jurisdiction applying to the user.
The website is a secure website according to international Internet standards; therefore, the user’s device will not be affected by any viruses while browsing when this is carried out properly. However, La Maffei shall not be liable for any problems, damages, viruses or risks which the user may incur during improper use of the website, and shall not be liable for any malfunction of the website due to the deactivation of cookies in the user’s browser.
Users must agree to the terms and conditions of this legal notice, and must periodically visit this page for any updates, changes or corrections.
La Maffei reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website where necessary without notice.
The offer and sale of products on the website www.lamaffei.com are governed by the conditions set out in the paragraph General Conditions of Sale.
La Maffei sells its own products and carries out its e-commerce activities exclusively to end-users who are “consumers”.
“Consumer” shall be taken to mean any natural person who operates on www.lamaffei.com for purposes unrelated to entrepreneurial, business, craft or professional activities.
In view of its trade policy, La Maffei reserves the right not to follow up on orders from persons other than “consumers” or, in any case, orders that do not comply with its trade policy.
In particular, to make orders on the Website, Customers must: – be consumers – be over 18 years old – qualify to enter into a legally binding contract – have a valid POP e-mail address – have a valid credit card: Visa, American Express, MasterCard or bank account.
On www.lamaffei.com, only brand name and top-quality products are offered for sale.
The main features of the products are presented on www.lamaffei.com inside each product description.
La Maffei shall undertake to ensure that the description and/or photographic representation of the products are as faithful as possible to the products themselves.
However, given the fact that the image quality may depend on the IT tools used, the perception of the description or photographic representation of the products may not correspond exactly to the products themselves; therefore, the images and videos accompanying the presentation of the products must be published on the Website as a mere description.
Prices and Currency
The prices published and final invoices will be in Euros (EUR) for every country in the world except for the United Kingdom and United States of America. For these countries, Pounds (GBP) and Dollars (USD) will be used respectively.
To help customers estimate the prices in euros in their local currency, the website has a currency converter. The final amounts charged to the credit card may vary depending on currency fluctuations and bank charges.
La Maffei invites customers to contact their bank to find out the conversion value of the prices and bank charges relating to the transaction.
Credit cards will be charged in euros, after which, due to variable exchange rates, the final price will be calculated and charged to the credit card with the exchange rate that applies on the day of the transaction.
Customers who have received a PROMO CODE via newsletters, social networks or on compliant promotional websites may enter the code when purchasing the order or during the checkout. Each code has a validity start and end date restricting its use, which cannot be extended.
La Maffei reserves the right to refuse an order in the event that Global Collect does not receive approval from the customer’s bank. Once an order of available products has been placed, it is not possible to make changes to said order. Orders placed separately will be dispatched separately. La Maffei reserves the right to delay a shipment if the order cannot be shipped for reasons beyond La Maffei’s control. Please note that during sales and promotions, there may be delays in delivery. La Maffei reserves the right to refuse to process any order and/or service at any time.
INFORMATION ON PERSONAL DATA PROTECTION
PURSUANT TO ART. 13
OF LEGISLATIVE DECREE 196/03 as subsequently amended
- DATA PROCESSING CONTROLLER
Please be advised that while browsing the website www.lamaffei.com and purchasing products for sale, data relating to identified or identifiable persons may be processed. The OWNER of said data processing is LVM S.r.l., Tax Code and VAT No. 03020210641, registered in Avellino’s Companies Register under No. 03020210641, with its registered office in Via Ernesto Pontieri, 9/A 83100 – Avellino (AV), Italy. Its e-mail address is: firstname.lastname@example.org
The complete list of external managers who perform the processing of your data can be requested directly from LVM S.r.l.
- PLACE OF DATA PROCESSING
The processing of data collected through the website www.lamaffei.com takes place in Italy at the registered office of LVM S.r.l.
- TYPES OF DATA PROCESSED
3.1. Browsing data: the information systems and software procedures relied upon for the functioning of the website www.lamaffei.com acquire personal data as part of their standard operations; the transmission of said data is an inherent feature of Internet communication protocols. This information is not collected to related to identified subjects, however it might allow enable users to be identified, given its nature, after being processed and matched with data held by third parties.
This data category includes IP addresses or domain names of the computers used by users connecting to this website; the URI (Uniform Resource Identifier) addresses of the requested resources; the time of such requests; the method used for submitting a given request to the server; the returned file size; the numerical code relating to the server response status (successful, error, etc.), and other parameters related to the user’s operating system and computer environment.
This data is used only to obtain anonymous statistics on site usage and to check its correct functioning and are deleted immediately after processing. The data may be used to establish liability in the event that computer crimes are committed against the website.
3.2. Data provided by the user during registration or by filling out and sending the order: pursuant to Article 13 of the Code regarding personal data protection – Legislative Decree No. 196 dated 30.06.2003 as subsequently amended, we inform you that your personal and tax details acquired during registration or by filling out and sending the order to LVM S.r.l. will be processed:
1) (contractual purposes) to establish and implement the contractual obligations that concern you, as well as to fulfil the resulting legal obligations and/or secondary regulations. Please be advised that providing these details is compulsory. Therefore, refusal to supply the data requested during registration or by filling out and sending the order, in whole or in part, or failure to consent to its processing and/or communication to third parties, will result in LVM S.r.l. being unable to provide the services requested;
2) (promotional marketing purposes) to send commercial communications, newsletters, advertising material, direct sales.
3.3. Interaction with external platforms and social networks: LVM S.r.l. can acquire data from third-party services accounts and perform interactions with social networks, or other external platforms, directly from the site www.lamaffei.com.
The Interactions and data acquired in this way are, in any case, subject to the user’s privacy settings for each social network and the permissions expressed. The data acquired in this way will be processed for the purpose of marketing and special offers.
- PROCESSING COMMUNICATIONS
Without prejudice to the communications provided in pursuance of legal obligations, the data may be passed on in Italy to:
- debt collection companies;
- professionals and consultants;
- companies tasked with managing promotional marketing activities on behalf of La Maffei S.R.L;
- providers of electronic communications services and manufacturers of electronic tools;
- companies tasked with the maintenance of the website www.lamaffei.com.
The data will not be passed on abroad and/or disseminated to third parties in Italy or abroad.
- PROCESSING METHODS
The data processing will be carried out by formally identified employees and managers using paper, magnetic, IT and or telecommunication tools in order to ensure its security and confidentiality and secure against the loss of data, unlawful or improper use and unauthorised access. The processing can also be carried out through automated tools to store, manage and send electronically the data itself. The databases are safeguarded in protected environments whose access is controlled by and compliant with the provisions set out in the Privacy Code.
- RIGHTS OF THE PERSON CONCERNED
With regard to the data itself, you can exercise the rights provided for in Article 7 of Legislative Decree No. 196 dated 30.06.2003, [insert link] within the limits and under the conditions laid down by Articles 8, 9 and 10 of said Legislative Decree.
In particular, you have the right to object wholly or in part:
a) for legitimate reasons, to the processing of your personal data, even if it is pertinent for collection purposes;
b) to the processing of your personal data for the purpose of sending advertising materials, direct sales, or for carrying out market research or promotional communications.
You can freely and at any time exercise such rights with a written request sent to LVM S.r.l., at the postal address or e-mail address email@example.com, to which we will promptly reply.
The data will be processed for the duration of the contractual relationship established, and subsequently for promotional/marketing purposes and to fulfil all legal requirements.
The undersigned declares to have received complete information, pursuant to Article 13 of Legislative Decree No. 196 dated 30.06.2003, and expresses his/her consent to the processing and communication of his/her data deemed personal under said decree within the limits and for the purposes of promotional marketing as specified in the information notice.