LIGNIS CONDITIONS OF SALE VALID FROM 17/09/218
1.1. These general terms and conditions of sale (hereafter also the “Conditions”) shall apply to the purchase of “LIGNIS” brand products (hereafter the “Products” or individually the “Product”) via the e-commerce website (hereafter the “Site”). The Site is the property of Leonardo Trade Srl, with registered office in via Eugenio Rigo 37, 33080 Prata di Pordenone (PN), tax code, VAT no. and Pordenone Business Register enrolment no. 01588480937. The site is managed by Leonardo Trade Srl (hereafter the “Seller”).
1.2. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Client.
1.3. Should one or more sales be made to a buyer who does not qualify as a Consumer, but as a Professional, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 9 shall not apply to the buyer;
b) the Product warranty referred to in article 7 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Client which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention 1980.
1.4. Clients must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Client declares compliance with such requirements.
2. Product features and availability.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Client is therefore advised to check the final prices before submitting the purchase order.
3. Product purchase – Conclusion of each single purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Client to make a contractual offer to purchase and is not an offer to the public. The purchase order submitted by the Client to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Client undertakes to fully accept the same without reservation.
3.2. The Client’s purchase order is accepted by the Seller by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the order process;
3.3. Any contract for the purchase of the Products shall be deemed concluded when the Client receives the order confirmation from the Seller by e-mail
4. Delivery and acceptance of goods
4.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
4.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site. Anyway, the Seller is not able to communicate with certainty the delivery date since the shipping service is supplied by third parties. Supplying dates, therefore, are given for indication only.
4.3. The Client undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 7 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Client reaches its destination visibly damaged, the Client is invited to refuse to accept the delivery from the carrier/courier or accept the delivery with reservations.
5. Prices, shipping costs, customs duties and taxes
5.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Client. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be indicated when the Client places the order, and which the Client agrees to pay to the Seller.
5.2. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Client hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Client is invited to check with the relevant authorities in his country of residence or destination of Products.
5.3. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Client.
5.4. The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 5.2. and 5.3. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
6.1. The Client expressly agrees that processing of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
6.2. Payments for orders can be effected via PayPal, at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website’s payment section.
6.3. Payment via PayPal: the payment procedure is processed in secured and encrypted severs belonging to PayPal which provides to manage data without any Seller intervention.
7. Seller’s legal warranty of conformity, reporting of non-conformities and interventions under warranty.
7.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereinafter “Consumer Protection Code“), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
7.2. The Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, sending the relative information by email to firstname.lastname@example.org, clearly indicating the defect and/or non-conformity detected, along with at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt.
7.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the “RMA Code” Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the “RMA Code” within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
Leonardo Trade Srl
Via Eugenio Rigo 37, 33080 Prata di Pordenone (PN)
Telefono +39 0434 611220
7.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product.
8. Defective Products Liability
8.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable.
9. Right of withdrawal
9.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from the day on which the Product is delivered or if several Products on one order are delivered separately, from the date the last Product was received. The Consumer shall be responsible for the direct risks and costs of returning the goods
9.2 To exercise a right of withdrawal, the Consumer shall send an explicit declaration to the email address email@example.com of his intention to exercise the right of withdrawal indicating:
Name and Surname/address/telephone number/e-mail address
Order number/RMA code/reason for return (optional)
9.3 On completing the requirements of paragraph 9.2 above, the Consumer will receive a withdrawal confirmation email containing, in the case where the ordered product has already been received, the RMA form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to:
Leonardo Trade Srl
Via Eugenio Rigo 37, 33080 Prata di Pordenone (PN)
Telefono +39 0434 611220
9.5. The product shall be returned in its original packaging together with its accessories and manuals.
9.6. Leonardo Trade s.r.l. will ensure that the product is undamaged, than the Seller will send the Client an e-mail confirming the receipt of the product. Successively, the amount payed by the Client will be refound and a second confirmation e-mail will be sent to the e-mail address indicating when processing the order.
9.7. In case the product is not delivered, the Client mut show proof of the delivery or the document with the signature of the person who received the returned package. If the Client doesn’t supply the delivery proof, Leonardo Trade S.r.l. won’t be able to grant the refound.
9.8 If the Consumer withdraws from this contract, a refund of all payments received will be effected, excluding the costs of delivery, without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
9.9 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product.
10. Intellectual Property Rights
10.1. The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Leonardo Trade S.r.l. and/or its assignees, with no rights arising on the part of the Client in relation to the same as a result of access to the Site and/or purchase of the Products.
10.2. Unless prior specific consent is granted in writing by Leonardo Trade S.r.l., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
11. Protection of Client Personal Data
11.1. In order to proceed with the contract conclusion under these Conditions of sale, the Client is required to provide certain personal details. The Client hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Leonardo Trade S.r.l. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended – the Privacy Code (Personal Data Protection Code), to process each purchase via the Site.
11.2. The Client hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12. Data Security
12.1. While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Client on the Site, even after the Client has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13. Applicable law, settlements and jurisdiction
13.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, if the Client is a Consumer, the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer’s country of residence.
13.2. If no settlement attempt is made, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Consumer’s place of residence or domicile address.
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