This document contains the general terms and conditions on the basis of which the use of the e-commerce site www.lamberticordami.com is offered to users.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: Lamberti Cordami S.r.l., with registered office in Via Delle Arti e Dei Mestieri, SNC – Cava de’ Tirreni (SA), VAT number / Tax Code 03156980652, fully paid-up share capital € 1,500,000.00, PEC address firstname.lastname@example.org.
- Web site: the lamberticordami.com website.
- Products: the products provided to the user by the Owner.
- User: any person who accesses and uses the website.
- Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity that may be carried out.
- Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity.
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the website.
2. Detailed information on the functioning of the site
The website provides Users with the ability to view and purchase the related products.
3. Scope of the Conditions
The use of the website implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notice, information published or referred to therein, he / she will not be able to use the website or the related services. The Conditions can be changed at any time. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product. Before using the website, the User is required to carefully read the Conditions and to save or print them for future reference. The Owner reserves the right to change at its discretion, at any time even after the User registration, the graphic interface of the website, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the website, communicating to the User, where necessary, the relative instructions.
4. Purchase or supply request through the website
All the Products offered through the website are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the website and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element. Purchases and / or requests for the supply of one or more Products through the website are allowed to both Consumer Users and non-Consumer Users. Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the website must be screened and authorized by the parents or by the parental responsibility operators. The offer of the Products through the website constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and / or request for supply, subject to confirmation and / or acceptance by the Owner as described in following. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain for any reason whatsoever. The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods to exercise the right of withdrawal or its possible exclusion and the guarantee. The contract for the sale or supply of the Products is not considered effective between the parties in the absence of what is indicated in the previous point. In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.
6. Account cancellation and closure
The registered User can interrupt the use of the website at any time and deactivate his account or request its cancellation through the website interface, if possible, or by sending a written communication to the e-mail address email@example.com.
In case of violation by the User of the Conditions or the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
7. Prices and payments
For each Product, the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated. Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the delivery method chosen and / or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change. The User undertakes to pay the price of the Product in the times and methods indicated on the website and to communicate all necessary data that may be requested. The website uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.). Should such third party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be held responsible in any way.
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing to the Owner the fullest indemnity in this regard.
9. Methods of delivery of material Products
The material products and / or digital goods provided on a material medium will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the website and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment of taking charge of the courier. All items available on the online catalog are generally shipped within 24/48 hours of receipt of payment. In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible. If the User does not intend to accept the new term or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Holder became aware of the refund request.
The express couriers agreed for our national shipments are BRT and SDA. When the order is shipped, the customer receives an e-mail message containing all the details of the delivery, including the tracking number, which can be used on the courier’s website to check the shipment status. Please note that the courier can activate the tracking service within the next 24/48 hours from the shipment of the package. Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. Once the delivery document has been signed, the User will not be able to make any objection about the external characteristics of the Products delivered. The times could be extended for all deliveries to be made for islands and smaller islands or disadvantaged locations. The delivery times of the ordered goods are purely indicative and may undergo variations due to force majeure or due to traffic conditions and road conditions in general or by act of the Authority. The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to force majeure.
Delivery by courier will take place from Monday to Friday, making the first attempt without notice. In case of absence of the Customer, the courier will retry the delivery in the following 24 hours by giving notice; in case of further absence, storage will be opened by the courier and the Customer will be contacted by the Owner with whom he will define the details of the delivery and release of the inventory. If the fourth attempt is also unsuccessful, the goods will be returned to the Owner with consequent cancellation of the order. Any amounts will be credited within 7 working days. In no case is it possible to refuse the ordered goods at the time of delivery. This circumstance will not be considered application of the right of return, but rather a breach of contract.
An anomaly case can be opened by writing to the email address: firstname.lastname@example.org. Any damage or hidden anomalies must be reported in writing by e-mail or registered letter with return receipt to the courier whose address is specified on the accompanying document. In the event that the goods delivered and accepted by the customer subject to control, are damaged and not insured, the Owner will reimburse the customer according to the times and amounts established by the courier. The delay in reimbursement is in no way attributable to the Owner but depends solely and exclusively on the timing of the management of the damage practices by the carrier.
10. Exclusion of the right of withdrawal of non-consumer users
The non-consumer user is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided.
11. Right of withdrawal of Consumer Users from the purchase of material Products
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within the term of 14 days (Article 52 of Legislative Decree 206/2005 and Article 9 of Directive 2011/83 / EU) starting from the date of receipt of the Product, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form referred to in the following article or any other written declaration. In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day deadline for exercising the right of withdrawal starts from the day the last Product was received. In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product. In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he / she wishes to withdraw from the contract. The Owner is not required to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner. The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back. The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, , etc.). In such cases, the Owner will return the purchased Product to the sender, transferring the shipping costs to the sender.
12. Exclusion of the right of withdrawal of the Consumer User
The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to the supply of:
- Sealed products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
- Goods made to measure or clearly personalized;
- Assets that are likely to deteriorate or expire rapidly;
- Products or services whose price is linked to fluctuations in the financial market that the trader is unable to control and which may occur during the withdrawal period;
For more information, contact the Data Controller at the e-mail address firstname.lastname@example.org.
13. Optional form to exercise the right of withdrawal
The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address email@example.com before the withdrawal period expires:
I hereby communicate the withdrawal from the sales or supply contract relating to the following product
Name and surname:
E-mail associated with the account from which the order was placed:
14. Warranty of material Products for Non-Consumer Users
In relation to the tangible Products, non-Consumer Users will be subject to the guarantees for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. of the Italian Civil Code).
15. Guarantee of conformity of material Products for Consumer Users
The legal guarantee of conformity is recognized, provided for by art. 128-135 of the Consumer Code, for all Products sold through the website that fall within the category of “consumer goods”, as governed by art. 128, paragraph 2 of the Consumer Code: any movable property, also to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by proxy to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specific quantity, iii) electricity. The legal guarantee of conformity is reserved for Consumer Users only. The Owner is obliged to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:
- they are suitable for the use for which goods of the same type are usually used;
- comply with the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model;
- present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where appropriate, the public statements on the specific characteristics of the Products made in this regard by the Owner, by the manufacturer or its agent or representative, particularly in advertising or on labeling;
- they are also suitable for the particular use desired by the Consumer User and that it has been brought to the attention of the Owner at the time of the conclusion of the contract and that the Owner has also accepted for conclusive facts.
Any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
16. Industrial and Intellectual Property Rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the website and / or the Contents available on the website. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the website are and remain the property of the Owner or its licensors. and are protected by current trademark laws and related international treaties. The Conditions do not grant the User any license to use the individual content and / or materials available therein, unless otherwise regulated. Any reproductions in any form of the explanatory texts and Website Contents, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
17. Warranty Disclaimer
The website is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the website, nor does it provide any guarantee that the website will be able to meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free. The Data Controller will endeavor to ensure that the website is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the website is not accessible and / or operational at any time or for any period. . Access to the website may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
18. Limitation of Liability
The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its suppliers. Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the failure to execute the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred. The Data Controller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, holder’s name, password, etc.).
The Owner will not be responsible for:
- Any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
- Incorrect or unsuitable use of the website by Users or third parties
- The issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry
In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.
19. Major force
The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. . The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.
20. Link to third party sites
The website may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications. Some of these links may lead to third party sites / applications that provide services through the website. In these cases, the general conditions for the use of the website and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
22. Applicable law and competent court
The Conditions are subject to Italian law. For non-consumer users, for any dispute relating to the website, execution and interpretation of these Conditions, the court of the place where the Data Controller is located, or the Court of Salerno (SA), is competent. For Consumer Users, any dispute relating to the website, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles. 18, 19 and 20 of the civil procedure code. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
23. Online dispute resolution for Consumer Users
The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online.
The platform is available at the following address: https://ec.europa.eu/consumers/odr