General conditions of online sale
Art. 1) Scope of Application of General Conditions of Sale - Subject Matter of the Sale
1.1) These General conditions of sale (the “Conditions”) form an integral part of each contract of sale (the “Contract”) that has:
- been executed between Lilibay di Venezia Antonella Valentina & C. S.A.S, having its registered office in Via Roma 185, 91025 Marsala (TP), Italy, Tax Code and VAT n. 02653280814 (the “Seller”) and a consumer user of the website https://www.lilibay.com (the “Buyer”);
- been executed in accordance with Article 2 below; and
- as the subject matter, the purchase, via the website https://www.lilibay.com (the “Website”), of products offered for sale thereon (hereinafter referred to collectively as the “Products”).
It is clearly understood that: (a) these Conditions do not apply to the supply of services and/or the sale of products by third parties, different form the Seller, that may be accessed through the Website via links, banners or other hypertext links, and (b) the Seller is not responsible for the supply of services and/or the sale of products by such third parties referred to in (a) above, or for any possible contractual or non-contractual relations between the users of the Website and such third parties.
1.2) Each Contract shall apply exclusively to the specific Products referred to therein and excludes the supply of any other Products, merchandise and/or services.
The Products are manufactured pursuant to Italian law, therefore the Buyer shall be sole responsible for the use of said products in Countries other from Italy, any liability on the part of the Seller, including liability for damages, expressly excluded.
The Buyer declares to have read and understood the characteristics of the Products and the instructions and warnings supplied in relation to the reasonably foreseeable use of the above-mentioned Products by means of their presentation/illustration on the Website. Furthermore, the Buyer declares that in his/her use of the Products he/she will follow the instructions and warnings indicated on the Products themselves and/or on the packaging in which the Products are delivered.
Art. 2) Conclusion and entry into force of the Contract
2.1) The official language of the Contract is Italian. The Contract shall be binding upon the parties as of such time as both parties have accepted it. In any event, the Contract shall enter into force provided that the following conditions have been met:
- the insertion by the Buyer of all data requested during the Products purchasing process, where the Site shall provide a summary of: these Conditions; the essential characteristics of each Product ordered and the relating price thereof (inclusive of all applicable taxes and duties); the method of payment that the Buyer may use for the purchase of each Product; the method of delivery of the Products purchased; the costs of delivery; the conditions relating to the Buyer’s right of withdrawal and the methods and applicable periods for the return of the Products purchased, (the “Order”);
- these Conditions, as well as any further information referred to via links in these Conditions, have been read and accepted by the Buyer by “point and click” (please note that it is possible to save or print a copy of these Conditions, available also in the General Conditions of Sale section of the Website);
- the Seller has received the Order electronically from the Buyer;
d. the Seller has accepted the Order issued by the Buyer, without prejudice to the terms of articles 2.2 and 5.
Without prejudice to the terms of Article 11 below, the Order shall be archived in the Seller’s electronic database for the period of time necessary for the delivery of orders, and, in any event, as required by law; the Buyer may access his/her Order by consulting the My Orders (if registered) or Guest Tracking (if not registered) section(s) of the Website.
Without prejudice to the terms of Articles 2.2 and 5 below, once the Contract has been entered into, the Seller will send a receipt, in respect of the purchase order, via e-mail to the Buyer, at the address provided by this latter, summarising the information in the Order (regarding the conditions applicable to the Contract, information on the essential characteristics of the Products sold, detailed indications in respect of the price, methods of payment, rights of withdrawal, costs of delivery and applicable taxes and duties).
2.2) The Seller reserves the right not to fulfil purchase orders which have been made in compliance with the terms of Article 2.1 above in the event that: a) the Seller has not received payment for the Products; b) the details inserted by the Buyer in the Order are incomplete and/or incorrect and/or; c) the Products ordered by the Buyer are not (even temporarily) available.
The Seller shall in any event be entitled not to fulfil purchase orders which are made in compliance with the terms of Article 2.1 above.
Save for the event mentioned at point c) above, the sums paid by the Buyer in relation to purchase orders not fulfilled by the Seller will be refunded to the credit card, prepaid credit card or Paypal account used by the Buyer to make payments for such orders.
Art. 3) Price - Payment of Price - Costs, taxes and duties
3.1) Without prejudice to the terms of Article 3.3 below, the price of the Products as mentioned in the Order includes all the applicable costs, taxes and duties.
3.2) All costs, taxes and duties are at the sole expense of the Buyer.
3.3) Any import tax and/or customs duty provided by the laws of the State where the Products are delivered (in accordance with the indications provided by the Buyer during the purchase procedure) are not indicated in the Order and are at the sole expense of the Buyer who will issue the relevant payments at the time of delivery of the Products purchased.
3.4) Payment of the price for the Products may be made by the Buyer via credit card, prepaid credit card or Paypal only, of which details must be supplied by the Buyer when completing the Order and in compliance with the instructions supplied by the Seller.
The relevant financial information supplied (for example, the number of the credit card or the date of its expiration) shall be encrypted and forwarded to the banks that provide electronic payment services at a distance in such a way that third parties are not permitted access. The above-mentioned information shall also be used solely by the Seller to complete the procedure in relation to the payment of the Products, to issue any reimbursements where the Seller has not supplied the Products ordered or where the Products are returned by the Buyer after the exercise of his/her right of withdrawal under Article 5 below, or where it becomes necessary to prevent, or to advise the police authorities of the occurrence of fraud on the Website.
Art. 4) Terms of Delivery - Packaging
4.1) Without prejudice to the terms of Article 8 below, the delivery of the Products shall be carried out by means of courier service and in accordance with the delivery schedule set out in the Order (where the number of days for delivery shall be also indicated).
4.2) The Products that have been ordered by the Buyer shall be delivered by the Seller to the Buyer in packaging that is in compliance with normal industry practice.
Art. 5) Buyer’s Right of Withdrawal
5.1) The Buyer may exercise his/her right of withdrawal within 14 (fourteen) days of receipt of the Products purchased from the Website. The Buyer may exercise his/her right of withdrawal by sending a communication by means of which the Buyer expressly declare to withdraw the Contract, to the Seller’s e-mail address (email@example.com) or by means of the Website contact form.
The Products must be returned to the Seller within 14 (fourteen) days from the date of their receipt.
The only expenses which will be incurred by the Buyer in exercising his/her right of withdrawal under this Article 5, are the direct costs relating to the return of the Products to the Seller, at the address which shall be expressly indicated by the Seller to the Buyer.
5.2) The Buyer’s right of withdrawal will be deemed to have been exercised correctly where the Buyer has met the following conditions:
- the communication the withdraw the Contract has been correctly sent to the Seller;
- the Products have been returned to the address expressly indicated by the Seller;
- the returned Products are returned to the Seller in one single delivery. The Seller reserves the right not to accept Products, contained in the same Order, that have been returned separately
- the Products have not been unpacked nor, in any event, used, altered and/or damaged;
- identification tags are still attached to the Products in their original single use seals;
- the Products are returned in their original packaging; and
- the Seller receives the Products within 14 (fourteen) days from the date in which the Buyer received them.
5.3) Where the Buyer has exercised his/her right of withdrawal in accordance with the terms of Article 5.2 above, the Seller will refund the total price of the purchased Products, including shipping costs (without prejudice to the Seller’s right not to refund extra costs in the event that the Buyer chose a more expensive shipping service than the cheapest service available during the order procedure), to the credit card, prepaid credit card or Paypal account used by the Buyer to pay such Products under Article 3.4 above.
In particular, once the Seller has received the goods from the Buyer and checked that all requirements under Article 5.2 above have been met: (i) the Buyer will receive via e-mail, at the address provided by him/her during the purchasing procedure, confirmation of acceptance of the returned goods; and (ii) the Seller will commence procedures so as to refund the purchase price to the Buyer within 14 (fourteen) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Buyer, save for the latter’s right to suspend the refund until the Products are returned. It is clearly understood that the actual amount of time to re-credit or return the sums paid by the Buyer for the purchase of the Products will depend on the type of credit/debit card used.
It is further understood that: (a) the date of credit of the refund will be the same as the debit date and, consequently, the Buyer will not suffer any loss in terms of bank interest; and (b) in the event that the details of the person who is indicated in the Order as the recipient of the Products do not correspond with the details of the person who paid for the Products, the Seller will refund the purchase price to the person who effected payment.
5.4) Where the Buyer has not exercised the Buyer’s right of withdrawal in accordance with the terms of Article 5.2 above, and the return of the goods cannot be accepted, as it does not comply with the above conditions, the Seller will inform the Buyer of such by sending an e-mail to the address provided by him/her during the purchasing procedure. In this case, the Buyer may choose (duly communicating such decision to the Seller via e-mail) to have the Products purchased returned to him/her at his/her own expense, or, where the Buyer is not so interested, the Seller reserves the right to keep the Products and the corresponding amount paid for the purchase thereof.
Art. 6) Products Warranty
6.1) With regard to any possible defects in the Products there shall apply only a warranty consisting in either the repair or the replacement of the Products; said warranty shall run for a period of:
a) 12 (twelve) months as of the date of delivery of the Products in the event that the Buyer has purchased the Products as a professional operator, indicating a VAT number;
b) 24 (twenty-four) months as of the date of delivery of the Products in the event that the Buyer has purchased the Products as a private consumer.
6.2) The warranty consists: (i) in the repair or replacement of the Products, at the Seller’s expense (it being also understood that all the shipping costs relating to the warranty management for Products sold outside the territory of the European Union shall be solely borne by the Buyer) or; (ii) where the repair and/or the replacement of the Products is impossible or excessively onerous on the Seller, of an appropriate reduction of the purchase price or in the termination of the Contract (where the degree of non-conformity of the Products is such as to render a reduction in the purchase price unacceptable). Any further damages are excluded from this warranty.
Without prejudice to the above, the Buyer may request, at his/her choice, an appropriate reduction of the purchase price or the termination of the Contract where:
- the Seller has not repaired or replaced the defective Products within 90 (ninety) days after his/her request; or
- the repair or replacement previously carried out has caused considerable inconveniences to the Buyer.
The Seller shall repair or replace the Products in the shortest time possible, to be determined on a case by case basis, and the Seller retains the right to request the return of the Products and/or the defective parts replaced.
In determining the amount of the reduction in price or the amount to be refunded, consideration will be given to the use of the Products.
A slight defect, which is not possible or is excessively onerous to repair or replace, will not give right to the termination of the Contract.
6.3) The warranty shall be subject to the Buyer duly informing the Seller, in accordance with the terms of Article 9 below, within 8 (eight) days following the discovery thereof of the particular defect (failing which, the Buyer shall lose his/her rights under the warranty in respect thereof) and shall also be subject to the Buyer making an express request to the Seller, in accordance with the terms of Article 9 below, to provide assistance under the warranty.
6.4) The warranty shall not apply in relation to normal wear of the Products and, in any event, the warranty shall lose any and all effect should: (i) any modification be made to the Products; (ii) any use of the Products has been made in ways other than their intended purpose; (iii) the Seller verify that no defects exist in the Products.
The Seller accepts no liability for damages of any kind that arise from improper use, poor maintenance and/or any conduct or acts which are not in line with the instructions and warnings supplied by the Seller and on the Website, on the Products themselves and/or on the packaging in which the Products are delivered.
Art. 7) Buyer’s Obligations
7.1) The Buyer shall be obliged to observe the utmost confidentiality and not make any kind of use, even after the termination of the Contract, of any and all technical or commercial information (including, but not limited to, documentation, catalogues, instruction manuals, Frequently asked questions, product codes, price lists and correspondence, hereinafter referred to as “Information”) received from the Seller or in any event learnt during the performance of the Contract or during the making of the order via the Internet.
7.2) It is understood that access to the Information shall not give rise to any right to the Buyer to the Information; any transfer of rights to or in the Information, be it by way of licence or any other title or form, being thus excluded.
7.3 In consideration of the terms of Article 7.1 above, the Buyer shall not duplicate, disclose or use the Information, in any way, for the purposes of carrying out or having carried out, be it directly or indirectly, on his/her own, by means of or on behalf of third parties, any activity that is in, or may potentially be in competition with the Seller’s activity (even after the termination of the Contract with the Seller).
Art. 8) Force Majeure
8.1) Force majeure shall mean any act or event which is unforeseeable, beyond the parties’ will or control and in respect of which a remedy may not be found in a timely manner (such as, for example, acts of war, even if undeclared, embargo, riot, insurrection, epidemic, fire, sabotage, natural disaster, acts or provisions of government authorities, strikes organised by category specific unions, inability to procure raw materials, equipment, fuel, energy, components, labour or transport).
8.2) Upon the occurrence of any event of force majeure which is such as to prevent either party hereto from fulfilling its obligations hereunder, then the time for the party so affected to fulfil its obligations shall be automatically extended for a period corresponding to the duration of the event of force majeure, without any damages (including liquidated damages) being payable by said party, save for the Buyer’s obligation to pay the amounts due by way of the price, in respect of which the contractually agreed due dates shall remain in full force and effect.
8.3) Upon the occurrence of any event of force majeure, both parties have the right to terminate the Contract where the duration of the event of force majeure is such as to be beyond a reasonably acceptable timeframe in the light of the interests of both parties.
Art. 9) Notices
9.1) All notices to be made under the Contract, as well as all notices given by the parties hereto during the performance of the Contract, shall, without exception, be in writing ("in writing" being deemed to include e-mails).
9.2) Such notices shall be effective at such time as they are delivered to the address (including any possible e-mail address) of the other party. In the event of any change of address, the parties hereto shall immediately notify the other party thereof.
Art. 10) Applicable Law - Jurisdiction
10.1) These Conditions and the Contract shall be governed by Italian law.
10.2) Any and all disputes arising out of or relating to the Contract shall be settled by the courts of competent jurisdiction for the place where the Seller’s registered office is located. Notwithstanding the foregoing, the Seller may bring an action against the Buyer before any court having jurisdiction over the Buyer.
Art. 11) Informative note in respect of the treatment of personal data
11.1) For the purposes of the Italian regulations with regard to the handling and/or use of personal data, the Seller hereby informs the Buyer that the personal data (personal details, fiscal and financial details) relating to the legal entities which enter into a relationship with the Seller, in addition to the personal details of the individuals which act on their behalf, are collected, recorded, re-ordered, memorised and processed for administrative/accounting purposes. In particular, such purposes relate to the following activities: the management of orders and invoices; the conclusion of possible agreements (including agreements for the purposes of insuring the Seller’s credit vis-à-vis the Buyer and agreements relating to the assignment of said credit); the management of suppliers; the carrying out of contractual obligations and other obligations provided by law. The above-mentioned data may be communicated to third parties in relation to the purposes for which they have been acquired and collected. Any further information concerning the handling and/or use of the above-mentioned personal data by the Seller is available on the Privacy Statement of the Website; the Buyer declares that it has been made fully aware of said information at the time of accepting of this Conditions.
11.2) The terms of this Article 11 shall be deemed as a valid informative note for the purposes of and pursuant to the above-mentioned regulations and the Buyer hereby declares that it agrees to the handling and/or use of the above data by the Seller for all purposes provided by law. The Buyer further declares that it is fully aware of the text of Article 13 of Legislative Decree no. 196 of 30 June 2003 in relation to “the rights of the interested party”.
In accordance with the terms of Article 1341 of the Italian Civil Code the Buyer, having read every clause provided by this Conditions and reread the clauses provided by Article 1 (Scope of Application of General Conditions of Sale; Subject Matter of the Supply), 3 (Taxes, duties and/or customs duties at the sole expense of the Buyer), 5 (Exercise of the Buyer’s Right of Withdrawal), 6 (Terms and conditions of the warranty), 9 (Notices), 10 (Applicable Law - Jurisdiction), 11 (Informative note in respect of the treatment of personal data), declares to integrally accept this general conditions and the clauses specifically reread.