Conditions of Sale

Date of publication on the site and enter into force: 28/11/2016

 

1. Object

1.1. These General Terms and Conditions of Sale are applicable to the purchase of "Legami" branded products (hereinafter “Products”) made on the e-commerce site www.legami.com (hereinafter “Site”) by users qualifying as "Consumers", within the meaning of article 1.2. further on. The Site, whose holder is Legami Srl, with registered office in Via Ozanam no. 2, 24126 Bergamo, is owner of the Site, registered with the Chamber of Commerce of Bergamo under no. Bg-335305, Registry of Companies, tax code no. 02937550164, VAT Reg. no. 02937550164 (hereinafter “Owner”), is managed by Triboo Digitale S.r.l. – a company belonging to the Triboo Group - with registered office in Viale Sarca, 336 - 20126 Milan, Italy, tax code, VAT Reg. and Registry of Companies no. 02912880966 (hereinafter “TRIBOO DIGITALE”).

1.2. TRIBOO DIGITALE engages in the sale of products through the Site on behalf of the Owner. For purchases of Products made through the Site, the parties to the transactions shall be TRIBOO DIGITALE, acting as vendor (hereinafter the "Vendor”) and the party purchasing one or more Products for reasons unrelated to its business, commercial, trade or professional activity, is the buyer (hereinafter the "“Consumer”), (Vendor and Consumer will be referred to collectively further on as the “Parties”).

1.3. The Owner is not a party to these General Terms and Conditions of Sale but the holder of the rights to the domain name of the Site, the logos and trademarks relating to products presented on the Site and the copyright to the Site content.

1.4. Any notifications made by a Consumer in connection with and/or related to the purchase of the Products - including any reports, complaints and requests regarding the purchase and/or shipping of the Products and the exercise of the right of withdrawal, etc. - must be sent to the Vendor at the addresses and in the manner indicated on the Site and to the e-mail address: customercare@legami.com.

1.5. Each purchase is governed by the General Terms and Conditions of Sale in the version that will appear on the Site at the time of placing the order by the Consumer.

1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use by Consumers. Any parties that are not Consumers are advised to refrain from placing purchase orders. Whenever one or more sales are made to a party which does not qualify as a Consumer, these General Terms and Conditions of Sale shall be applicable but, in derogation of the provisions thereof:

(a) the buyer shall not be granted the right of withdrawal referred to in article 10;

(b) the buyer may not benefit from the Product warranty referred to in article 8;

(c) no other protection provided herein to the Consumer shall be recognised to the buyer, which reflects or is in compliance with legally binding provisions;

d) the sales contract concluded between the Vendor and the buyer shall be governed by Italian law and shall exclude the United Nations Convention on Contracts for the International Sale of Goods - the 1980 Vienna Convention.

1.7. At the same time the purchase order is forwarded, the Customer accepts that the confirmation of the order information and these General Terms and Conditions of Sale will be sent to him/her by e-mail, to the address stated during registration with the Site or during the purchasing process.

1.8. For making purchases through the Site, the Consumer must be a legal adult (aged 18 years) and have the legal capacity to act, of which the Consumer represents to be in possession.

1.9. The Customer shall be solely liable for any costs of Internet connection to the Site, including telephone charges, according to the rates applied by the operator selected by the Consumer.

 

2. Product features and availability in various geographic areas

2.1. The Products are sold with the features described on the Site and in accordance with the General Terms and Conditions of Sale published on the Site at the time the Consumer places the order, with the exclusion of any and all other terms or conditions.

2.2. The Vendor shall be entitled to amend these General Terms and Conditions of Sale, at its own discretion and without any prior notice to the Site users. Any changes shall be effective from the time of publication on the Site and shall be applicable only to sales made from said date onwards.

2.3. The prices and the Products sold on the Site and/or their features are subject to change without prior notice. Before sending the purchase order referred to in 3 further on, the Customer is advised to check the final sales price.

2.4 The Site may be accessed from anywhere in the world. However, the Products available on the Site may only be purchased by users who ask for shipping to one of the States listed on the Site.

 

3. Product purchasing methods - conclusion of each single purchase contract

3.1. The presentation of Products on the Site, not binding on the Vendor, represents a mere invitation directed at the Consumer to enter into a proposed purchase contract and is not an offer made to the general public.

3.2. The purchase order sent by the Consumer to the Vendor by means of the Site has the value of an offer to enter into a purchase contract and it is governed by these General Terms and Conditions of Sale, which are incorporated into said order by reference thereto, and which the Consumer, on sending the order to the Vendor, warrants to accept in full and without any conditions whatsoever. Before proceeding with the purchase of Products, by sending the purchase order, the Consumer will be asked to carefully read these General Terms and Conditions of Sale and the legal notice on the right of withdrawal, to print a copy using the print command and to store or reproduce a copy for personal use. In addition, the Customer will be asked to identify and correct any errors to his/her entered data.

3.3. The Consumer's purchase order is accepted by the Vendor by sending the Consumer, to the e-mail address given to the Vendor at the time of registration on the Site or by sending the order, whenever the Consumer is not registered with the Site, of an e-mail order confirmation, which will contain the link to these General Terms and Conditions of Sale, the summary of the order and the description of the features of the Product ordered. The Consumer's order, the Vendor's order confirmation and these General Terms and Conditions of Sale, applicable to the relationship between the Parties, shall be stored electronically by the Vendor in its computer systems and the Consumer may request a copy by sending an e-mail request to the Vendor at the address: customercare@legami.com.

3.4. Each purchase contract shall be understood as concluded at the time the Consumer receives the order confirmation from the Vendor via e-mail.

 

4. Procedure for selecting and buying products

4.1. Products presented on the Site may be purchased by the Consumer selecting the Products of interest and by placing them in the relevant virtual shopping cart. Once the Products have been selected and for purchasing those placed in the shopping cart, the Consumer will be invited to: (i) register with the Site, by providing the requested data, or (ii) login, if the Consumer is already registered, or (iii) provide his/her personal data for the purpose of allowing the contract to be concluded. Whenever the information shown in the order is different from that provided on registering with the Site, the Consumer will be asked to confirm his/her data (including, but not limited to, name, last name, etc.), as well as the address to which the selected Products will be shipped, the invoicing address and, optionally, a telephone number for contacting the Consumer in the case of any notifications regarding the purchase made. The Consumer will display a summary of the order to be executed, the details of which may be changed; then, the Consumer, after careful reading, shall expressly approve these General Terms and Conditions of Sale, by ticking the relevant check-box shown on the Site and, finally, by clicking on "Enter order", the Consumer will be asked to confirm his/her order which will be sent definitively to the Vendor and will produce the effects described in previous section 3.2. of this agreement. The Consumer will also be asked to choose the shipping method and the payment method, from amongst those available. Whenever the Consumer decides on the immediate payment method (at the same time as purchase) by credit card or PayPal, he/she will be required to provide relevant details via secure connection. For accounting and administrative purposes, the Vendor shall be entitled to check the personal information provided by the Consumer. Whenever payment is made by credit card, the purchase amount will be charged only when the order confirmation is sent by the Vendor to the Consumer.

 

5. Shipping and acceptance of goods

5.1. The Site shows the availability of the Products and their shipping times; however, such information should be considered for information purposes only and non-binding on the Vendor.

5.2 The Vendor warrants to take all reasonable measures within its power to comply with the shipping times shown on the Site and, in any case, to make delivery, by and no later than a maximum of 30 (thirty) days from the day following that on which the Consumer sent the order. In the event the Vendor fails to execute the order, due to the unavailability of the Product, the Vendor will also provide the Consumer with written notice and will refund any sums already paid by the Consumer for the payment of the Product, in accordance with following section 5.3.

5.3. The shipping of Products ordered by the Consumer will be made according to the shipping method selected by the Consumer, amongst those available and shown on the Site at the time of dispatching the order. The Customer warrants to check promptly and in the shortest possible time that the delivery of goods includes all and only the purchased products and to promptly notify the Vendor of any defect of the products received or their non-compliance with the order made, according to the procedure referred to in following article 8 of these General Terms and Conditions of Sale; in default thereof, the products will be deemed accepted. Whenever the packaging or wrapping of the products ordered by the Consumer arrives at its destination in a clearly damaged condition, the Customer is advised to refuse delivery by the shipper/forwarder or to accept the delivery "conditional on goods being checked".

 

6. Prices, shipping costs, duties and taxes

6.1. The price of the Products is that shown on the Site at the time of the order being sent by the Consumer. The prices include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable) but do not include shipping charges that are calculated before the order confirmation is sent by the Vendor to the Consumer and which the Consumer warrants to pay the Vendor in addition to the price shown on the Site.

6.2. The Consumer shall pay the Vendor the total price, as shown in the order and in the order confirmation sent by e-mail by the Vendor to the Consumer.

6.3. Whenever the Products are to be delivered to a country outside the European Union, the total price shown in the order and confirmed in the order confirmation, inclusive of indirect taxes (where applicable), is net of any customs duties and any other sales tax, which the Consumer agrees to pay forthwith, whenever due, in addition to the price shown in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the products will be delivered. The Consumer is advised to consult the competent authorities of his/her country of residence or destination of the products, for obtaining information about any duties or taxes applicable in the country of residence or destination.

6.4. The Consumer will be solely liable for any possible additional cost, charge, tax and/or duty which a given country may apply, for whatever reason, to the ordered Products, based on these General Terms and Conditions of Sale.

6.5. The Consumer represents that failure to have knowledge about the costs, charges, duties, taxes and/or duties referred to in sections 6.3. and 6.4., at the time of sending an order to the Vendor shall not be cause for termination of this agreement and said charges may not in any way be charged to the Vendor.

 

7. Payments

7.1. The payment of the price of the Products purchased through the Site shall be made within the material time limit of 10 (ten) days from the time of the sending the order confirmation by the Vendor to the Consumer. The Consumer expressly accepts that performance of the agreement by the Vendor shall commence upon the price of the Product(s) purchased being credited to the Vendor's bank current account.

7.2. The payment may be made by credit card or through PayPal, under the terms and conditions described further on. The Vendor may allow additional payment methods, indicating them in the payment section of the Site.

7.3. Whenever the payment is made by credit card, the Consumer will be redirected to a secure site and credit card details will be communicated directly to Banca Sella S.p.A., with registered office in Biella (Italia), Piazza Gaudenzio Sella, 1 - 13900 Biella, enrolled with C.C.I.A.A. of Biella P.I. 02224410023, the operator that processes payments on behalf of the Vendor. The data transmitted in secure mode will be sent using encrypted data transfer with 128-bit SSL (SecureSocketLayer). These data are not accessible even by the Vendor.

7.4. Whenever payment is made by bank wire transfer to the Vendor, the Consumer shall indicate the "BIC/Swift" and "IBAN" shown in the order confirmation, as well as the order number.

7.5. The Vendor shall promptly transmit to the Consumer, if prescribed by applicable law, the fiscal receipt for the purchase made, in electronic format via e-mail, to the address given by the Consumer, if the Products purchased are intended for delivery within Italy, or enclosed as a paper copy to the purchased Products, in all other cases.

 

8. Vendor implied warranty of merchantability, reporting of merchantability defects and warranty work

8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree 206/2005 (Consumer Code), the Vendor warrants to the Consumer that the Products will be free from design and materials defects, as well as conforming to the descriptions published on the Site for a period of 2 (two) years from the time of delivery of the Products to the Consumer. No warranty shall be applicable in the case of use or washing of the Product which is not conform to that intended for the Product and the instructions/warnings provided by the Vendor and/or Owner, that is, shown in the reference explanatory documentation on tags or labels.

8.2. This warranty shall be forfeited, whenever the Consumer fails to report any defects and non-compliance by and no later than 2 (two) months from the time of discovery, by sending to the Vendor's Customer Service address by e-mail: customercare@legami.com, the relevant form, duly filled in, indicating the defect and/or non-compliance identified, as well as the documentation specified in the return form (at least 1 (one) photo of the Product, the order confirmation sent by the Vendor and/or fiscal receipt).

8.3. Following receipt of the form and relevant documentation, the Vendor will assess the defects and the non-compliance reported by the Consumer via the Owner's help service and, after having conducted quality controls for checking the actual non-compliance of the Product, it will decide whether to authorise the return of the Products, providing the Consumer with a reply, containing the “Return code", via e-mail to the address provided by the Consumer at the time of registering with the Site or on sending the order. Permission to return the Products shall not constitute in any way acknowledgement of defects or non-compliance, the existence of which shall be established after the return. Products for which the Vendor has authorised the return will be returned by the Consumer, together with a copy of the notification authorising the return and indicating the "Return code", by and no later than 30 (thirty) days from the time of reporting the defect or non-compliance, to the following address: PGM LOGISTICA SRL - VIA MOLINARA 16 - 24060 GORLAGO (BG).

8.4. Whenever the Vendor is required to refund the Consumer the price paid, the refund will be made, where possible, using the same means of payment used by the consumer for purchasing the Product or by bank wire transfer. The Consumer will be responsible for notifying the Vendor, by e-mail at: customercare@legami.com, the bank details for making the bank wire transfer to the Consumer and for ensuring that the Vendor is in a position to refund the sum due.

 

9. Liability for damage caused by defective products

9.1. In relation to any damage caused by defective Products, the provisions under European Directive 85/374/EEC and Italian Legislative Decree 206/2005 (Consumer Code) shall be applicable. The Vendor, in its capacity as distributor of the products through its Site, shall be released from any liability whatsoever, with no exclusions and/or exceptions, specifying the relevant name of the product manufacturer.

 

10. Right of withdrawal

10.1 the Consumer is entitled to withdraw from any contract concluded under these General Terms and Conditions of Sale, without any penalty, within 14 (fourteen) days from the time (i) the Product was delivered; or (ii) in the case of purchasing multiple Products delivered separately and with a single order, then on the last Product being delivered.

10.2 For exercising the right of withdrawal, the Consumer shall notify Triboo Digitale, before the limitation period referred to in section 10.1 has expired, of his/her decision by accessing the page "My returns" from “My Account” or, whenever the Consumer is a guest visiting the Site and has not registered, by accessing the dedicated page and entering the order number and the e-mail with which the purchase was made. Alternatively, the Consumer may send an explicit request to Legami Srl, using the contact form or to the e-mail address: customercare@legami.com, of his/her decision to withdraw using the attached withdrawal form.

10.3 As a result of the actions referred to in section 10.2, the Consumer will receive an e-mail confirming the exercise of the right of withdrawal, containing the return form to be placed in the package and instructions for returning the Product, to be sent, by and no later than the following 14 days, to:

 

PGM LOGISTICA SRL

VIA MOLINARA 16

24060 GORLAGO (BG)

 

10.4 Whenever the Consumer has received the Product, he/she is required to return it to Triboo Digitale without undue delay and in any event by and no later than 14 days from the time the withdrawal was notified. The term will be complied with whenever the goods are returned before expiry of the 14-day period. The Consumer shall be liable for the risks and the direct costs of returning the goods. If you exercise your right of withdrawal via the Site, before you confirm your request to withdraw, you will be shown the cost of returning the goods, whenever you opt to use the returns service offered by the Site.

10.5 If you decide to withdraw, you will be refunded the payments you have made, including shipping costs (except for the additional costs arising out of any choice regarding a type of shipping other than the less expensive standard shipping offered), without undue delay and in any event no later than 14 days after the exercise of the right of withdrawal. Said refunds will be made using the same means of payment used for the initial transaction by the consumer, unless the Consumer requests a refund using different means of payment, in which case the Consumer shall be liable for any additional costs arising out of the different means of payment. The refund may be delayed until the returned goods are received by the Vendor or until the Consumer has shown that the goods have been dispatched, whichever is earlier.

10.6 The Consumer shall be liable for any decrease in the value of the goods resulting from the handling of the goods other than that required for establishing the nature, features and working of the goods. Therefore, whenever the goods are returned in a damaged condition (for example, wear and tear, abrasion, scuffing, scratching, warping, etc.) and with any components or accessories missing (including thereunder labels and tags intact and attached to the Product), without the enclosed instructions/notes/user guides, without packaging and original packing and warranty certificate, if applicable, the Consumer will be liable for the decrease the value of the goods, and will be entitled to a refund corresponding to the residual value of the Product. Therefore, to avoid any deductions, the Consumer is advised not to manipulate the goods beyond what is strictly necessary for establishing the nature, features and working thereof, covering the original Product packaging with other protective packaging which will preserve the integrity and protect the goods during shipping also from any writing or labels.

 

11. Intellectual property rights

11.1. The Consumer represents to be aware that all trademarks, names, as well as any distinctive sign, wording, image, photograph, written or graphic text used on the Site or in relation to the Products are and remain the sole property of Legami Srl and/or its successors and assigns, without access to the Site and/or the purchase of the Products giving rise to any right over said intellectual property to the Consumer.

11.2. The content of this Site may not be reproduced, either in whole or in part, by electronic or conventional means and modified or used for any purpose without the prior written consent of Legami Srl.

 

12. Consumer data and data protection

12.1. For the purpose of registration, forwarding the order and hence the conclusion of this contract, the Consumer is required to provide a series of personal data. The Consumer acknowledges that the personal data provided will be recorded and used by the Vendor and by Legami Srl in compliance with Italian Law and, specifically, Legislative Decree 196/2003, as amended. - Privacy Code, for enabling the processing of each purchase made through the Site and, with your consent, for performing any additional activities, as indicated in the relevant statutory privacy notice provided to the Consumer through the Site at the time of registration.

12.2. The Consumer represents and warrants that the data provided to the Vendor during the registration and purchase process are correct and true.

12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Vendor through the relevant section of "My Account" on the Site, accessible after authentication.

12.4. For any further information on the methods used for processing the Consumer's personal data, please go to the Privacy Policy section and read the General Terms and Conditions of Use carefully.

 

13. Security

13.1. Although the Vendor takes measures to protect personal data against any loss, falsification, manipulation and misuse by third parties, due to technical features and limitations on the protection of electronic communications over the Internet, the Vendor may not guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has completed authentication (login), is not accessible or visible to unauthorised third parties.

13.2. The Vendor, for credit card payments, makes use of the services of Banca Sella S.p.a., which adopts technology systems that guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

 

14. Applicable law, alternative dispute resolution and jurisdiction

14.1. The General Terms and Conditions of Sale. Each sales contract concluded between the Vendor and the Consumers, pursuant to these General Terms and Conditions of Sale shall be governed by and interpreted in accordance with Italian law and, specifically, by Legislative Decree no. 206 of 9 April 2003 - the “Consumer Code”, with specific reference to the provisions regarding distance contracts and Legislative Decree no. 70 regarding certain aspects of electronic commerce. In any case, without prejudice to the rights that may be attributed to Consumers under legally binding provisions in the law of their State.

14.2. In the case of disputes between the Vendor and a Consumer, we warrant our participation in an attempt at amicable reconciliation procedure which each Consumer may bring before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which permits a satisfactory settlement to be reached, with the help of a neutral and competent conciliator, in an amicable and secure manner over the internet. For further information on RisolviOnline rules or to submit a conciliation request, please visit www.risolvionline.com.

14.3 Whenever the option for attempting conciliation referred to in section 14.2 above is rejected, or whenever this attempt fails, the dispute will be referred exclusively to the Court of Milan, unless such a provision is not applicable due to provisions of applicable laws in the Consumer’s country of residence.

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