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GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE WEBSITE WWW.LEGAMI.COM
These General Terms and Conditions of Sale (hereinafter, General Terms and Conditions), are only valid between LEGAMI S.R.L. (REA _____ AND VAT no. 02937550164), with legal seat in Bergamo, Via Ozanam no.2 (hereinafter Legami) and any Customer and have as their purpose the regulation of the purchase of products and services, performed through the internet, from the website www.legami.com (hereinafter Website).
The products available on the website consist mainly of stationary, home accessories (e.g. mugs, lights and lamps), gifts, travel and leisure items, beauty products and pastillages with LEGAMI mark and trade name ; the services made available through the website are those connected with the sale of the abovementioned products. All products and services offered are illustrated in detail in the home page of the Website within the respective sections.
The provisions contained in these General Terms and Conditions apply without distinction to all Customers, with the exception of provisions for which applicability has been expressly provided only to Consumer Customers. “Consumer Customer” means the individual who purchases products or services offered by the Website for any purpose unconnected with business or professional activities eventually performed; to the effects of these General Terms and Conditions, it is assumed that the Customer who sends a purchase proposal simultaneously entering his/her VAT number and also the SDI Code (recipient code) in the area of the website where the Customer’s personal data are required is not a Consumer Customer.
Legami invites each Costumer to read carefully, prior to carry out each purchase transaction, these General Terms and Conditions, and, once the purchase procedure provided by the Website has been completed, to print them and keep a copy, also in an electronic format, it being understood that in the order confirmation e¬-mail the Customer will receive, in any event, the link to access the web page where the General Terms and Conditions are published, and therefore he/she will be able to file at the time of purchase a copy of the aforesaid General Terms and Conditions of Sale, in force at the time of purchase, as provided by Article 51, paragraph 1, of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 1: SUBJECT OF THE CONTRACT – OFFER TO THE PUBLIC
In compliance with these General Terms and Conditions Legami sells and the Customer makes a distance purchase of products indicated and offered for sale on the website www.legami.com. The contract is concluded exclusively through the internet network, by the access of the Customer to the address www.legami.com and the execution of a purchase order in accordance with the procedure laid down in the website.
The Customer, before proceeding to the confirmation of his/her order, undertakes to read these General Terms and Conditions and accept them by clicking on the ‘Order Confirmation’ button, thereby declaring that he/she has read and accepted these General Terms and Conditions.
Products and services with related prices displayed on the Website constitute an offer to the public according to the modalities specified in the General Terms and Conditions and on www.legami.com. The Terms and Conditions of that offer apply exclusively to purchases made on the aforesaid Website.
ARTICLE 2: PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER pursuant to Article 49 of Legislative Decree no. 206/2005
The Customer, prior to the conclusion of the purchase contract, undertakes to read carefully the characteristics of the products which are described in the individual product sheets.
Before the validation of the order with the “obligation of payment” the Customer will be informed with reference to:
- total price of goods inclusive of taxes, with details of shipping costs and any other cost;
- payment methods;
- time limit within which Legami undertakes to deliver goods;
- conditions, time limit and procedures for exercising the right of withdrawal (Article 7 of these Terms and Conditions) by the model withdrawal form set out in Annex I, part B of Legislative Decree 21/2014;
- information about the cost of returning goods in the event of withdrawal payable by the Customer and the Consumer;
- existence of a legal guarantee of conformity for products purchased and commercial guarantees provided for by Legami.
ARTICLE 3: PURCHASE PROCEDURE - CONCLUSION ED EFFECTIVENESS OF THE CONTRACT
The Customer can purchase the products displayed on Legami Website respecting the technical procedures set out therein. The order sent by the Customer is valid as contract proposal and implies the complete knowledge and acceptance of these General Terms and Conditions of Sale and Use of the Website.
Confirmation of correct receipt of Customer proposal is attested by Legami by returning an automated response to the e-mail address communicated by the Customer, which confirms exclusively correct receipt of the proposal by the data processing system. That confirmation message will provide the “Customer Order Number” to be used for each subsequent communication with Legami. The message confirms, in addition to information complying with legal obligations, all data entered by the Customer, who undertakes to verify correctness and communicate promptly any corrections relating to personal and shipping data.
Each order can be viewed by the Customer registered on the Website in his/her personal area, immediately after sending the order, in the event the Customer has finalised the order as “Registered Customer”.
Each purchase contract entered into between Legami and the Customer shall be deemed concluded with the formal acceptance of the order by Legami. Legami can accept or reject, at its discretion, the order sent by the Customer, without the latter being entitled to make any demand or claim for compensation for damage, if the order is not accepted.
Acceptance by Legami is considered issued by means of an e-mail to the address of the Customer within 48 working hours after submitting the order.
Legami undertakes to describe and present items sold on the webside in the best possible manner.
The photos of the products presented on the website are not party to the contract, as they must be considered representative only.
Legami clarifies even now that there may be some errors, inaccuracies or minor differences between the product shown on the website and the real product and this is not a reason to report the product received as defective and non-compliant.
Legami undertakes to deliver products within 7 working days in Italy and within 10 working days abroad after sending the order acceptance e-mail to the Customer. In the event delivery times indicated shall undergo a delay, Legami undertakes to communicate this by e-mail to the Customer to the address indicated by the latter.
ARTICLE 4: PRODUCT AVAILABILITY
The availability of products on the website is merely indicative, as not updated in real time, as a result of the simultaneous presence on the website of more users or possible computer abnormalities such as to make a product available for purchase when actually it isn’t.
Situations of partial or total unavailability of goods may occur even after sending the order confirmation e-mail. In this case, Legami shall inform within 48 working hours the Customer by e-mail and the latter will be able to assess in the following 48 hours whether to place a new order with the elimination of the product or the products not available. In the event of failure to reply to the aforesaid e-mail, the order shall be considered deleted and the Customer will receive indication on conditions and timing of refund of the amounts already paid.
ARTICLE 5: METHOD OF PAYMENT
Payments to honour Purchase Contracts entered into through the Website can be made only by credit card, PayPal, or cash on delivery of products exclusively within the Italian territory. The Customer will be required to choose, at the time of the conclusion of the Contract, the preferred method of payment. The latter, once the Contract has been completed through acceptance by Legami, shall not subsequently be changed.
Should Legami identify issues related to payment, it shall notify the Customer without delay, asking the latter to place a new order and choose a different method of payment, but nonetheless among those accepted.
-Payment by credit card: Should the Customer purchase products paying the price by credit card, the reference Bank shall immediately check the credit card validity, but charging the total amount corresponding to each Contract only when, with reference to the order of the registered Customer, the words “Ready for shipment” appear in the personal area of the latter on the Website, or when the non-registered Customer receives an e-mail confirming the shipment of the order, being understood that a preventive block on the Customer’s credit card of the amount equal to the consideration for the product ordered will be carried out.
Information concerning the purchaser’s credit card will be transmitted through the protected connection directly to the website of the bank managing the transaction. In compliance with sector-specific regulations those data will be acquired by Adyen at the request of Legami and used for carrying out payment transactions.
Legami reserves the right to request at any time the Customer to provide additional information (e.g. telephone number) necessary for the performance of the purchase contract or send a copy of documents proving the ownership of the credit card used for the contract execution. In the event of failure of the Customer to send requested information and documentation, Legami reserves the right not to accept the order or to terminate the contract executed where the failure to send information does not allow the performance of the order, giving simultaneous motivated communication to the Customer to the e-mail address supplied.
-Payment by PAYPAL: Should the Costumer choose PayPal as a means of payment, he/she shall be redirected to the website www.paypal.com where he/she shall make the payment of products on the basis of the procedure envisaged and disciplined by PayPal. Data entered into the PayPal website will be processes directly by the same and not transmitted or shared with Legami .
In cases of termination of purchase contracts and in any other case of refund, for any reason, the amount of the refund shall be credited on the Customer’s PayPal account. Time required for the crediting on the payment instrument related to that account depends exclusively on PayPal and the bank system. Once the credit order in favour of that account has been placed, Legami shall not be held responsible for any delays or omissions in the crediting to the Customer of the amount refunded, and in order to complain about the same the Customers shall directly contact PayPal.
On the occasion of the first purchase, a special procedure known as “Reference Transaction” will be automatically activated. This procedure - through a mechanism of automatic recognition of the Customer – will allow to conclude any subsequent order with PayPal without having to provide credentials again. The Customer may deactivate the “Reference Transaction” at any time by entering the specific section of Pay Pal website (recurring payment annulment).
-Payment on delivery (Cash on delivery): The payment of products purchased at the same time with the delivery of the same (hereinafter Cash on delivery) is a method of payment envisaged only for deliveries to be made within the Italian territory. In case of Cash on delivery purchase, the payment shall be made exclusively with cash in Euro 100 to the courier who will make the delivery. It will be the responsibility of the Customer to prepare the exact amount indicated at the time of completion of the Purchase Contract. The courier has no change. Bank cheques, banker’s orders or other means of payment are under no circumstances accepted. Nothing more than what agreed in the Purchase Contract shall be due by the Customer to the courier at the delivery of products.
Should the Customer not pay for any reason or cause, Legami shall address a written invitation to the Customer to provide for the payment of the balance and shall be entitled to charge the Customer for interest on arrears in an amount equal to legal requirements; in that case, until the Customer has not regularised his/her debt position with Legami, the latter reserves the right to annul possible subsequent deliveries of products, to cancel existing Purchase Contracts and lock purchasing functions through the Website, without prejudice to compensation for any further damages.
ARTICLE 6: PRICES
All the prices of products, expressed in Euro, are clearly indicated on the Website and include VAT and WEEE contributions , where applicable. The prices of products do not include further and different taxes or duties set out in related applicable legislation, such as those provided for on import, which will be paid by the Customer when provided.
Shipping costs are not included in the purchase price and are indicated and calculated at the time of conclusion of the purchase process before payment is made.
Legami has the right to change prices at any time, however, for orders under acceptance or accepted, conditions and terms of sale in force at the time the order is sent by the Customer will apply.
ARTICLE 7: CANCELLATION OF PURCHASE ORDER - RIGHT OF WITHDRAWAL
Cancellation of Purchase Order: The Non-consumer Customer (Professional) may cancel his/her order within 14 days from the confirmation of the order receipt. The refund shall be made using the same means of payment used for the initial transaction. In case of cancellation of Order, Legami shall provide to refund to the Customer the amount paid, reduced by any delivery cost.
Right of withdrawal: The Consumer Customer has the right to terminate the Purchase Contract for any reason and without the need to provide explanations within 14 days from the date of receipt of products, subject to compliance with the procedures hereinafter indicated.
Should the Consumer Customer wish to exercise the right of free withdrawal, he/she shall submit a report to the Customer Service through the form “Contact us” available at the following link. The Customer Service shall provide all useful information. In the event the Customer wished to exercise the right of return, he/she shall follow the same procedure described above.
In both cases Legami shall communicate to the Customer to the e-mail address of the latter the confirmation of the order cancellation or withdrawal, with an indication of the return procedure number and the address the product returned shall be sent.
The return shall be carried out by the Customer, through the delivery of the products subject to withdrawal, by courier of his/her choice. Products shall be delivered, with all packaging precautions necessary for the proper preservation of products, not later than 14 days starting on the date on which the Customer has notified his/her decision to withdraw from the contract to the address indicated. Direct costs of returning goods shall be borne by the Customer.
The Customer shall be liable for the reduction in value of Products resulting from the handling of goods other than what is necessary to establish the nature, characteristics and functioning of goods.
In question valid for the purposes of the aforesaid right of withdrawal, the Consumer Customer shall comply with the following conditions and procedures:
- the right of withdrawal shall apply also limited to individual products concerned by a single Purchase Contract, provided that the withdrawal applies to the product in its entirety and therefore, the Consumer Customer shall not be entitled to exercise any right of withdrawal limited to a part of a single product purchased;
- products concerned by Purchase Contracts, in relation to which the Consumer Customer has exercised the right of withdrawal shall be intact and shall be returned in original package, complete with all its parts (including package and any ancillary documentation); in particular, if products have packaging seals, they shall not be broken or removed;
- in accordance with the instructions received from Legami, the Consumer Customer shall undertake, at his/her exclusive care and expense in case of free withdrawal and at care and expense of Legami in case of withdrawal for defective or non-compliant products, the delivery and return of products to Legami.
- if the product returned is damaged during delivery, Legami is required to notify the Consumer Customer of what has occurred in order to allow him/her to make a timely complaint against the courier chosen by him/her, against which make claim. Legami shall not be liable in any way for thefts or loss of products subject to return, therefore, each related risk shall be exclusively borne by the Consumer Customer.
Once the integrity of the returned product has been verified, Legami shall provide to refund to the Consumer Customer the entire amount paid for the products under the Purchase Contract subject to withdrawal and delivery costs incurred within 14 days from the restitution of said products.
In the event of damage of returned products the Consumer Customer shall be liable for the reduction in value of goods resulting from the handling of goods other than what is necessary to establish their nature, characteristics and functioning, within the limits established by Article 57, paragraph 2, of the Consumer Code.
The Consumer Customer expressly agrees that the aforesaid refunds are made by transfer of the amount charged on the credit card provided by the customer or by PayPal, or by bank transfer, in accordance with related instructions and bank details that will be provided by the Consumer Customer.
In the event of failure to comply with conditions and methods of exercising the right of withdrawal provided for by this article and in the event of damage to the products for causes other than the transport of the same products even if different from the cases provided for in Article 57, paragraph 2 of the Consumer Code, the Purchase Contract shall remain valid and enforceable and Legami shall return to the sender Consumer Customer the products unduly returned, charging the same for related delivery costs.
ARTICLE 8: LEGAL GUARANTEES
Legal guarantee for Consumer Customer: The Consumer Customer, as defined in Article 3 of the Consumer Code (Legislative Decree no. 206/05), is entitled to rely on the legal guarantee provided for in the Consumer Code under Articles from 128 to 132.
Legami is responsible to the Consumer Customer for any lack of conformity of products existing at the time of delivery, particularly with regard to products found defective or damaged, for two (2) years following the delivery of products.
The rights of the Consumer Customer shall be declared to be revoked if he/she does not notify to Legami the lack of conformity found within two (2) months from the date on which the lack was found.
Legami shall make every diligent effort to replace at its care and expense, with other products of the same quality available in its warehouse, those products delivered resulting damaged and defective, provided that, at the request of Legami, the same are returned by the Customer in the original package, completed of all the parts making it up. If replacement is not possible (e.g. release from the catalogue of the product) Legami shall provide to refund to the Customer the amount paid for the defective product, excluding any further liability, for any reason, of Legami.
Legal guarantee for Non-consumer Customer (Professional): The Professional Customer, as defined by Article 3 of the Consumer Code, is entitled to rely on the Legal Guarantee provided for in the Consumer Code. That guarantee envisages that the Non-consumer Customer reports to Legami any defect found in the product purchased within eight (8) days from the discovery. The aforesaid legal guarantee is valid for a maximum of twelve (12) months from the delivery of the product. After that period Legami shall not be liable of defects found by the Non-consumer Customer. In order to benefit from the aforesaid guarantee Legami recommends that the Customer keep and provide the purchase number.
ARTICLE 9: DELIVERY METHOD
All deliveries of products shall be at risk of Legami. The risk shall be transferred to the Customer at the delivery of products to the Customer, or to a third party designated, by the freight forwarder or carrier commissioned by Legami . The carrier designated by Legami is BRT S.p.A.. Shipping costs shall be automatically calculated from the Website and visible and available to the Customer before the order is sent. Shipping costs vary from country to country and for Italy may vary according to the method of payment selected.
For each Purchase Contract executed through the Website, Legami shall issue a delivery order (Transport document) or, for Non-consumer Customers having entered their VAT number, an invoice related to products which will be delivered. That documentation shall be sent to Customers to the e-mail address provided.
Deliveries shall be performed as follows:
- 1° attempt
- 2° attempt
Cases of force majeure, unavailability of means of transport, as well as unpredictable or inevitable events that cause delays in deliveries, or make deliveries difficult or impossible, or cause a significant increase in delivery costs borne by Legami shall entitle the latter to divide, postpone or cancel, in whole or in part, the planned delivery or terminate the Purchase Contract. In such cases, Legami shall provide timely and appropriate communication of its decisions to the e-mail address provided by the Customer and the latter shall have the right to receive refund of the price already paid, any further claim excluded, for any reason, towards Legami.
ARTICLE 10: RESPONSIBILITY
Legami does not assume any responsibility for disservices attributable to force majeure or unforeseeable circumstances, even where caused by malfunctions or disservices of the internet, in the event that it is not possible to execute the order within the time frame laid down in the contract.
ARTICLE 11: COMMUNICATIONS AND COMPLAINTS
Each communication and/or complaint can be addressed to Legami through the form “Contact us”.
ARTICLE 12: APPLICABLE LAW AND COMPETENT COURT – EXTRA-JUDICIAL DISPUTE RESOLUTION
These General Terms and Conditions are regulated by the Italian Civil Code, the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments and addenda) and by e-commerce legislation (Legislative Decree no. 70/2003 and subsequent amendments and addenda). In the event of changes of the same the General Terms and Conditions published on the Website shall apply at the time the Order is sent by the Customer.
The Purchase Contract between the Customer and Legami is deemed concluded in Italy and regulated by Italian law.
The Judicial Authority of Bergamo shall be exclusively competent in any dispute, except for disputes with Consumer Customers which shall be the competence of the Judicial Authority of the place of residence or domicile of the Consumer Customer.
The Consumer Customer has the right to promote the extra-judicial settlement of disputes inherent in the consumer relations at Chambers of Commerce, Industry and Craftsmanship under law 29/12/1993 no. 580 and undertake mediation procedures pursuant to Legislative Decree 28/2010 as subsequently amended, under the conditions laid down by the body chosen by the Customer which shall manage that procedure.
ARTICLE 13: TREATMENT OF PERSONAL DATA (PRIVACY)
Last updated: May 28th, 2020
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