1. General Terms & Conditions
1) GENERAL TERMS AND CONDITIONS OF SALE
The general conditions of sale and use here transcribed below (the " Terms" ) have to be applied to all sales (hereinafter referred to as "Services " or individually "Service ") provided by www.luxitaly.it , through its domain www.luxitaly.it - ( "Site " ) . The use of the Services is permitted only to registered users , who have:
a) read the Information concerning the processing of personal data;
b ) accepted the General Conditions;
c ) created an account luxitaly.it, as indicated below.
Pursuant to and for the purposes of articles . 7 and 12 of the Decree. n . 70 of 9.4.2003 of the Italian Republic , luxuryzone.net communicate to users the following information : the person providing the services is subject to the Terms AGSC Srl , with registered office at Via Via Alessandro Paoli, 4 - 20124 Milan , Italy , P. IVA 05626220965 . ; firstname.lastname@example.org , registered at the Chamber of Commerce of Milan to n.1975067. Here in luxitaly.it will be indicated by the name "Luxitaly" , which is the hallmark under which he carries on sales activities on the Site . The General Conditions will also apply to new types of services that will be provided in the future by Luxitaly, unless it is otherwise provided at registration or the first delivery of the new service. The user is asked to print a copy of the General Conditions and/or store them in a durable medium.
2) GENERALITY AND SCOPE
2.1. These General Conditions have to be applied to all sales made by Luxitaly on the Web site.
2.2. General Conditions may be changed at any time, subject to the right of withdrawal of the user referred to paragraph 8.1 below. Any changes and/or new conditions will be in place by the time of their publication in the "Conditions" of the Site. For this reason, we encourage you to regularly access to the Site and to check the publication of the General Conditions latest.
2.3. Applicable General Conditions are those running from the date of submission of the purchase order.
2.4. In case that the user does not intend to accept the changes to the General Conditions shall have the right to withdraw by notice by registered letter with acknowledgment of receipt or e-mail with 7 days notice.
2.5 The continued use of the Service once the term is expired, referred to in paragraph 2.4 is manifestation of the will to accept the General Conditions.
2.6 These Terms do not govern the sale of products and/or the provision of services by anyone other than Luxitaly that are present on the site through links, banners or other hypertext links. Before carrying out commercial transactions with these parties is necessary that you verify their conditions of sale. Luxitaly is not responsible in any way for the provision of services and/or sale of products on the part of such individuals . On websites accessed through such links Luxitaly does not control and/or monitoring. Luxitaly is not responsible for the content of those sites nor for any errors and/or omissions and/or violations of the law by the same.
3.2 The Registration to the site is free. To register, you must complete the registration form by entering your name, surname, address, e- mail address and a password (hereinafter the "Credentials Registration"). The Registration will be confirmed by mail by sending an automatic link to validate the user supplied by the user.
3.3 Registration Credentials should be used only by the user and can not be sold to third parties. The user must notify with no delay Luxitaly on suspicion misuse of the same. Registration Credentials may be modified by the user at any time by accessing the Site under "My Profile".
3.4 The user must guarantee that the registration credentials provided during the registration process to the site are complete, true and correct. You agree to keep Luxitaly free from any claim, resulting penalty and/or in any way related to the violation by you of the rules on the registration on the Site. The User only is responsible for the access to the Site by the Registration credentials and is liable for any damage or injury of a Luxitaly or third parties from misuse, loss, misappropriation by others or by the failure of the confidentiality of their registration credentials. All transactions conducted through the Registration Credentials are considered made by the customer to which the Registration credentials are related.
3.5 By registering with the Site you agree to receive newsletters and invitations to sales and business proposals from Luxitaly. At any time, by clicking on the link at the bottom to the invitation, the user can request not to receive further newsletters or invitations to sales. You may in any case participate in the sales through direct access via their credentials on the Website.
3.6 The Services are provided in English and Italian.
3.7 Is possible to make just one registration per user. The multiple registrations will be deleted from Luxitaly.
3.8 In "My Profile" personal area you can check open, recently shipped and/or completed orders and invoices. You can also manage and store all your personal data and the newsletter subscription.
3.9 Luxitaly reserves the right to reject, at its sole and absolute discretion, the registration of any user. The Luxitaly also reserves the right not to accept orders from anyone, that are anomalous in relation to the quantity and the paid amount for the products purchased or the frequency of purchases made on the Site, as well as in connection with the misuse.
3.10 The user may cancel the own membership at Luxitaly at any time, using the " Delete my profile " button within the reserved area.
4. PRE-CONTRACTUAL DISCLOSURE
4.1 In accordance with Legislative Decree 9 April 2003 n.70 of the Italian Republic provides the rules of commerce, The LUxitaly informs you that: to conclude the purchase of one or more products on the Site, you must fill out an electronic format order form, and send to Luxitaly, following the instructions that pop up from time to time on the Site, and will accompany the different phases of the purchase; the contract is concluded when Luxitaly records the order form, after verification of the correctness of the data referred to the order and payment; before submitting the order form the user can identify and correct any errors in data entry by following the instructions from time to time indicated on the Site, and will accompany the different phases of the purchase; when you register your order form, Luxitaly will send you the email address indicated an e-mail with a summary of the General Conditions, information on the characteristics of the product purchased, the details of the price, the means of payment used, the procedures for the exercise of the right of withdrawal, the cost of shipping and any additional costs as well as an indication of the service. Please keep the e-mail receipt as proof of purchase or store it in a durable medium; The order form will be stored in the database The Luxitaly for the time necessary to execute the order and, in any case, in terms of law. To access your order form, the user will see "My Profile" - "My buying" Site where you will find a list of all orders placed.
5. TERMS AND CONDITIONS OF PURCHASE
5.1 The offers published on the Site may be limited in time and available with a limited amount of products. The possible date of validity of offers is indicated on the Site.
5.2 All prices listed on the site are in Euro and are inclusive of VAT. The contribution to the costs of order processing and delivery is explicitly stated and are inclusive of VAT. This amount will be shown separately on the order in advance, and on the e- mail confirmation of the order.
5.3 The price of the products may be changed without notice until the order is confirmed, notice that the price charged to the user will be posted on the board at the date of the order.
5.4 The products will remain the property of Luxitaly or its suppliers until payment of the purchase price and expenses from the user.
5.5 Luxitaly shall proceed to the purchase order only after receiving confirmation of authorization to pay the total amount due, consisting of the purchase price, shipping costs and any additional cost, as indicated in the order form.
5.6 Luxitaly reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or which are pending disputes.
6.1 The products offered on the site are limited in number and can be sold at discounted prices. It may happen that the ordered product is no longer available after the registration of the purchase order. In any case of unavailability of the product ordere , the user will be promptly notified by e-mail and the purchase order will be canceled. If payment has already been executed, the supplier of the product ordered on Luxitaly will refund the paid amount by the user, including contributions to the costs of order processing and shipping, immediately, and in any case within the period of thirty days from the day after the order. The refund amount will be notified by e-mail, and credited on the same means of payment used for purchase or by bank transfer or by voucher.
6.2 Luxitaly disclaims any liability for any delay in crediting not attributable to him. In any case, the date of the credited amount will have the same.
7.1 Deliveries are made only in the Italian territory from the supplier of the product ordered on Luxitaly. Deliveries are made to the address specified by the user in the order form . The user is solely responsible for provided shipping address.
7.2 Delivery times are as indicated in the purchase order registered in the " My Profile " section on the Site and specified in the purchase order confirmation. In case of non-disclosure of a specific term of delivery , it will take place within thirty days from that after the order.
7.3 Deliveries are made from Monday to Friday , during normal business hours, excluding national holidays.
7.4 In case of impediments to the delivery due to force majeure the supplier of the product ordered will be required to promptly inform Luxitaly which in turn will contact you by e -mail to inform them of the delay in delivery. Luxitaly will not be held in any way responsible for any delays due to acts of third parties and or to force majeure .
7.5 Delivery is considered completed when the product is made available to the address specified in the order form.
7.6 In case of non-delivery because of the absence of the recipient at the specified address, the courier will leave a card to certify the delivery attempt. On the card will be shown all the details that the user will use to contact the carrier and define a date for the second delivery attempt. After two resultless delivery attempts, the parcel will be in stock and The Luxitaly Customer Service will contact the supplier and the user in order to unlock the stock and provide the delivery as soon as possible. If the second attempt will fail, your product will be shipped back to Luxitaly. After thirty days from the date on which the product has been returned to the supplier, the contract will be terminated and the purchase order canceled pursuant to art. 1456 cc supplier will refund the paid amount by the user after expenses of delivery of the product is not successful, and the cost of returning the same to the supplier and the costs of keeping. The termination of the contract and the amount of the reimbursement will be communicated to you via e-mail. The refund amount will be credited to the payment method used by you for the purchase. In the event that, before the expiration of the thirty days, the user requesting to resend the product purchased, the supplier will proceed with the new delivery prior charge, in addition to the costs of the same, the cost of returning the product to the supplier and the costs of custody. It is up to the recipient to verify the conditions of the product delivered.
7.7 In the event that the package presents evidence of tampering or alteration, the user will immediately notify The Luxitaly Customer Service by e -mail at the address indicated in the introduction.
8.1 The user who bought products through the Site has the right to terminate its contract with AGSC, without penalty and without specifying the reason, within 15 working days from the date of receipt of the goods, unless otherwise specified. The withdrawal must be exercised by registered letter with acknowledgment of receipt sent to TLuxitaly to the following address : AGSC Srl Via Alessandro Paoli 4 - 20124 Milano (MI ). The withdrawal can be anticipated, in the period of 10 days mentioned above, also by fax or email to the email address: email@example.com. In this case the notice of withdrawal is confirmed by registered letter with acknowledgment of receipt within 48 hours. For the year of withdrawal shall apply the following provisions :
A) The user has a period of 15 working days from the date of receipt of the order to signal its intention to make the return .
B) The user should also cater to ship, using a carrier of its choice and providing its own expenses, within 15 working days from the date of receipt of goods , purchased items, properly packed in their original packaging , complete with all accessories. The user will have to include in the package a copy of the order confirmation . If the item, delivered by the supplier of the product, is damaged or does not meet specifications, the shipping costs will be borne by the supplier . The products will be shipped to the address indicated on the form of delivery and for any information please contact the customer service of Luxitaly.
8.2 Under Article . 67 , paragraph II, of the Consumer Code, constitutes a necessary condition for the exercise of the right to withdraw the integrity of the product to be returned. The products must not have been damaged and/or altered.
8.3 To exercise the right of withdrawal is not required that the goods to be returned is secured against theft and transport’s accidental damage. However, because the risk inherent in the return of the goods it’s up to the user, Luxitaly invites the buyer who wishes to exercise the right of withdrawal to ensure, at its own expense , the shipment for the value indicated in the email confirmation of ' purchase order .
8.4 Under Article . 67, fourth paragraph , of the Consumer Code, only after the return of the product and only after verifying the fulfillment of 7.1, 7.2 , 7.3 above, the supplier will proceed, as soon as possible , to the repayment of the sums paid by user. The refund amount will be notified by e- mail and credited on the same means of payment used for purchase or by bank transfer . The date of the refunded amount will be the same as the charge. It remains the user's ability to adhere to the commercial offers in progress.
8.5 Under Article . 55 of the Consumer Code , the right of withdrawal is excluded in the event that the sale must relate to tailored or personalized items, or which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
9.1 The payment for goods purchased on the Site is made by credit card or bank transfer. Luxitaly accepts PayPal and GestPay circuits credit cards, for which payments will be processed through a server -to - server connection through the use of secure SSL protocol (Secure Sockets Layer ) with 128-bit encryption.
9.2 At the time of transmission of the order will not be made any charge on the credit card used by the user for payment. The charge will be made only after the data has been verified by the user of the credit card used for the payment, and only after the credit card issuing company will be granted the authorization to charge.
9.3 Invoices of each purchase will be available in the " My Profile - My purchases".
9.4 In case of non-payment, the supplier will charge all the expenses related to the management of insolvent user and reject its purchase order, communicating via e -mail.
9.5 Luxitaly reserves the right to refuse at its sole discretion some payment methods .
10. GARANTEES AND ITEMS NON-CONFORMITY
10.1 The products offered on the site are in compliance with Italian National and Community legislation in force.
10.2 The description of the products offered on the Site is the same that suppliers, under its responsibility, have communicated to Luxitaly. The images and colors of the products displayed on the Site may differ from the real effect of the locale of systems and/or the tools used for their visualization. LUxitaly. is not responsible for the mismatch between the ordered item and the item description on the Site. If the mismatch resulting from errors in the description of which attributable to the supplier and Luxitaly was not and could not be aware with the use of reasonable diligence, will be required of the supplier directly interact with the user in order to remedy the current situation.
10.3 All products sold on the Site are covered by the guarantee provided by the Legal Compliance artt.128-135 of the Consumer Code (" legal guarantee "). The Legal Guarantee is reserved to the consumers.
10.4 In case of lack of conformity of the purchased products from the description published on the Site, the user has the right to repair or replace the product with no additional charge, if this is possible in relation to the number of copies still available for sale and unless the replacement or repair are not excessively burdensome to the seller in consideration of the value that goods would have if there were no lack of conformity, and the extent of the defect. Alternatively , the user has the right to terminate the contract or reduction of the price, in accordance with the following provisions.
10.5 The seller is liable to the consumer for any lack of conformity at the time of delivery of the product and if that occurs within two years from that delivery. The lack of conformity must be filed with the dealer, subject to revocation by the warranty, within two months from the date on which it was discovered.
10.6 Unless otherwise proved, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the product already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity . To take advantage of the legal guarantee , the user must provide proof of the date of purchase and delivery.
10.7 In case of termination of the contract, the supplier will return the price paid by the user, in addition to shipping costs and any additional costs. In case of a reduced price, the supplier will return the amount of the reduction previously agreed with the user. In any case, the refund amount will be communicated to the user via e -mail and credited to the payment method used by you for the purchase. The user will have to be agreed with Luxitaly. Customer Service modes of shipment.
10.8 Are excluded from Legal Warranty products which are repaired, modified or altered in any way by the user. Also excluded from the scope of the legal guarantee any failures or malfunctions or other defects caused by accidental events or by responsibility of the user or by a use of the product not in accordance with its intended use and/ or as provided in the documentation sheet attached to the product, if any , or the instructions of use relating to the same.
10.9 Conventional Guarantees relating to sold items are directly supplied by the manufacturer.
10.10 Luitaly will never be liable for breach of anyone of the obligations arising from it to Present Conditions in the event that the non-performance caused by unforeseeable circumstances and/or by force majeure, there including, a merely way of example, natural disasters, acts of terrorism , network failures and/ or blackout.
11. LUXITALY'S DUTIES AND RESPONSIBILITIES
11.1 Luxitaly. will provide the correction of all mistakes present in the description of the products and facilities on the site , as soon as possible , starting from the Report of the Same. The reporting of these mistakes can be made by contacting Luxitaly Customer Service To Addresses and numbers indicated on the site .
11.2 Luxitaly is not responsible in case of damage of any kind arising from the improperly (and /or non- compliant with the instructions provided by the manufacturer) installation and/or use of the product, as well as in Case of Damage from Unforeseeable circumstances or force majeure.
11.3 Luxitaly will not be responsible in case of loss of income, profits , data or for every other indirect damage of any nature, arising out or connected to subjected to the Terms and Conditions’ Contracts.
11.4 Luxitaly’s responsibility, in every case, may not exceed the total value of the Purchase Order.
11.5 Luxitaly will never be liable for breach of anyone of the obligations arising from it to Present Conditions in the event that the ' non-performance caused by unforeseeable circumstances and/or by force majeure, there including, a merely way of example, natural disasters, acts of terrorism, network failures and/or blackout .
12. SERVICE'S SUSPENSION
12.1 Luxitaly reserves the right to temporarily suspend, without prior notice, the Services for the time required for technical interventions necessary and/or proper to improve the quality of these services.
12.2 Luxitaly may at any time interrupt the service providing if there are justifiable reasons of safety or violations of confidentiality, by giving notice to you.
13 SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
13.1 Luxitaly’s contents, such as, for example, works , images , photographs, dialogues, music , sounds and videos , documents, drawings, figures , logos and any other material , in any format , published on the Site , including menus, web pages , graphics , colors, patterns, tools , fonts, web site design , diagrams, layouts, methods , processes , functions and software , are protected by copyright and any other Luxitaly (and other rights holders) intellectual property right. The reproduction , modification , duplication , copying, distribution, sale or other uses of the images , the content of the Site , unless previously authorized in writing by The Luxury Maison, is forbidden. It 's also forbidden any use of the Site contents for commercial and/or advertising purposes .
13.2 All other hallmarks that distinguish items sold on the Site are trademarks of their respective owners and are used by Luxitaly under license , for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. Any use of hallmarks mentioned above which are not complied with the law is forbidden. It has not, in any way, be used in any distinguishing marks on the Site to take unfair advantage of the distinctive character or reputation of these or to damage them and their owners.
13.3 The user, in any case, cannot alter, change, modify or adapt the Site, nor the material provided by Luxitaly
14. FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION
14.1 General Conditions are governed by Italian law.
14.2 For any dispute concerning Terms and Conditions will be settled by the Court of Milan.
15 MAIL & CUSTOMER SERVICE
Any question or request for assistance should be given to firstname.lastname@example.org by email or registered mail to AGSC Srl - Via Alessandro Paoli , 4 - 20124 Milano ( MI ) .