GENERAL TERMS AND CONDITIONS OF SALE
Conditions of Sale
1.1. These general conditions of sale (hereinafter also the “Conditions of Sale”) shall apply to the purchase of products branded “Lucia Merlo” (hereafter the “Products” or individually the “Product”) made via the e-commerce section of the site www.luciamerlobags.com (hereafter the “Site”) by final users who may be qualified as “Consumers” pursuant to article 1.2 below. The e-commerce section of the Site, which is the property of Lucia Merlo, with registered offices at Via Muratori Lodovico 7, 20135, Milan, Fiscal Code, no. MRLLCU84L71E625N, VAT no. 10287160963 and Registration number at the Company Registry of Milan no. MI-2519700 (hereafter “Lucia Merlo” or “Producer”) and is managed by Lucia Merlo.
1.2. The Products are offered and sold through the e-commerce section of the Site directly by the Producer. Purchases made via the Site shall have as parties Lucia Merlo as Seller (hereafter also the “Seller “) and the final user consumer who purchases one or more Products for purposes that are personal and outside a business, trade, craftsmanship or profession, as the buyer (hereafter the “Consumer“) (the Seller and the Consumer shall be jointly referred to as the “Parties“)
1.3. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products – including any notifications, claims or requests concerning the purchase and/or delivery of the Products, the exercise of the right to cancel, etc. – shall be sent to the customer care (the “Customer Care“) by using the specific contact form on the Site through the button “Contacts” at the bottom of each page of the Site.
1.4. All purchases of Products are regulated by the version of the Conditions of Sale published on the Site at the time the order is transmitted by the Consumer.
1.5. The e-commerce section of the Site is dedicated to the retail sale of the Products and as such is designed for use solely by Consumers. If you are not a Consumer or you do not wish to accept the Conditions of Sale, we invite you not to use the e-commerce section of the Site to purchase the Products. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
- the withdrawal right referred to in article 10 shall not apply to the buyer;
- the Product warranty referred to in article 8 shall not apply to the buyer;
- no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- 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.
1.6. By transmitting the purchase order for the Products, the Consumer agrees that the confirmation of information concerning the transmitted order and these Conditions of Sale shall be sent to the Consumer by e-mail to the address provided by the Consumer during registration on the e-commerce section of the Site or process of purchase of the Products.
1.7. In order to purchase the Products via the e-commerce section of the Site, Consumers must be aged 18 or over in order and have legal capacity, which the Consumer declares to be and possess. The Seller reserves the right not to accept and/or perform purchase orders of the Products received from minors.
1.8. The Consumer shall be responsible for obtaining and at the Consumer’s own cost and/or expense, any necessary software and/or computing and/or digital equipment and/or instruments and/or telecommunications’ services, including in respect of Internet connection to the Site and/or telephone costs, in accordance with the rates applied by the service provider selected by the Consumer, that are required to access the e-commerce section of the Site.
- Product features and availability in the various geographical areas.
2.1. The Products are offered and sold by the Seller through the e-commerce section of the Site with the features and qualities described therein and in accordance with the Conditions of Sale published on the Site at the time of the transmission of the order by the Consumer, with the exclusion of any other term or condition.
2.2. The Seller reserves the right to amend and/or update these Conditions of sale at any time, in its own discretion, also as a consequence of amendments to applicable laws and/or regulations, with no obligation to give notice to users of the e-commerce section of the Site. Any amendments made to the Conditions of Sale shall come into force from the date of their publication on the Site and will only apply to purchases of the Products concluded from that date.
2.3. The Consumer acknowledges that the Products offered for sale via the e-commerce section of the Site are subject to availability at the time and that the categories, models, style and/or the features of the same, including prices, may be subject to changes and updates without the obligation to give prior notice. Such changes apply solely to orders not yet confirmed on the date of such changes. In any event, we invite the Consumer to check the availability of the Products as well as their price prior to transmission of the purchase order in accordance with article 3 below.
2.4 The Products offered for sale via the e-commerce section of the Site can be purchased by Consumers who request their delivery across European Union, United Kingdom and Switzerland.
- Product purchase procedure – Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, constitutes a mere invitation addressed to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. To conclude a purchase contract for one or more Products through the e-commerce section of the Site, the Consumer will be asked to compile a purchase order of the Products. The purchase order may be compiled in English and once transmitted by the Consumer to the Seller via the e-commerce section of the Site shall be a valid contractual offer subject to these Conditions of Sale, which form an integral part of said order and which the Consumer, by transmitting the order to the Seller is required to accept in their entirety and without reservation. Prior to proceeding with the purchase of the Products by transmitting the purchase order, Consumers will be asked to carefully read these Conditions of Sale as well as the notice concerning the Consumer’s right to cancel, print a copy of the same by using the printing command and/or store or reproduce a copy of the same for the Consumer’s personal use. In addition, Consumers will be asked to check their personal data and correct any errors in the provision of same.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided by the Consumer to the Seller at the time of registration on the e-commerce section of the Site or by transmission of the order if the Consumer did not register on the e-commerce section of the Site, which email will include as attachment these Conditions of Sale, a summary of the order placed, inclusive of the details of the price of the Products, shipping costs and applicable duties, as well as a description of the features of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Conditions of Sale applicable to the purchase contract concluded between the Parties will be archived electronically by the Seller’s on its computing systems and the Consumer may request a copy of same by sending a communication to the Customer Care by using the specific contact form on the Site through the button “Contacts” at the bottom of each page of the Site.
3.4. Each purchase contract for Products shall be deemed concluded between the Parties when the Consumer receives the order confirmation of the Seller by e-mail.
- Products’ selection and purchase procedure
4.1. The Products offered for sale through the e-commerce section of the Site may be purchased by the Consumer by selecting the Products of interest and adding them to the virtual shopping cart. Once selection of the Products is complete, to purchase the Products added to the shopping cart the Consumer will be invited to (i) register on the e-commerce section of the Site, providing the requested data or, (ii) login, if the Consumer is already registered or (iii) provide the Consumer’s data to complete the order and allow the conclusion of the purchase contract without registration on the e-commerce section of the Site. In the event the data provided by the Consumer with the order differ from those provided during registration on the e-commerce section of the Site, the Consumer will be asked to confirm the Consumer’s data (by way of example and without limitation: name, surname etc.) as well as the delivery address of the selected Products, the billing address and, on an optional basis, a telephone number where the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, which content can be modified: then, the Consumer, will be required to carefully read and expressly accept these Conditions and the Privacy Notice by ticking the specific check box inserted in the summary of the order and, finally, confirm the order by clicking the “Place Order” button, which order will thus be effectively sent to the Seller and produce the effects indicated a previous paragraph. 3.2. Prior to proceeding with the placement of the order, the Consumer will also be asked to select the Country and delivery options for the Products and the payment method from those available. As the Consumer selects a method of immediate payment of the Products (at the same time of the purchase) by credit card (DA VERIFICARE), the Consumer will be required to provide the relevant data via a secure connection. The Seller reserves the right to verify the personal data provided by the Consumer for accounting and administrative purposes. As payment is made by credit card, the purchase price will be debited only at the time the order confirmation is transmitted by the Seller to the Consumer.
4.2. In the event that, during the Product selection procedure on the e-commerce section of the Site pursuant to paragraph 4.1 above, the Consumer notes that the price of one or more Products the Consumer intends to select for purchase is evidently lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to an evident technical problem that occurred on the e-commerce section of the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Customer Care by using the specific contact form on the Site through the button “Contacts” at the bottom of each page of the Site.
- Delivery and acceptance of goods
5.1. The Site indicates the Products’ availability and times of delivery; however, such information is to be intended as purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the e-commerce section of the Site and, in any event, undertakes to effectuate delivery within a maximum of 5 (five) days from the day after the date at which the Seller confirmed the order from the Consumer, unless the Seller notifies the Consumer, within the same deadline, that delivery of the Products is not possible by reason of their unavailability, even temporary. In such event, the Seller shall reimburse to the Consumer the amount paid by the Consumer for the Products in accordance with paragraph 5.3 below.
5.3. Delivery of the Products ordered by the Consumer shall be made by courier. The Consumer undertakes to check promptly and within the shortest possible time, that the delivery includes all and only the purchased Products, and to promptly notify the Seller of any defective Products received or any discrepancy between the Products received and those that were ordered in accordance with the procedure of paragraph 8 of these Conditions of Sale; in the event of failure to do so, the Products shall be deemed accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept delivery from the carrier/courier or accept the delivery “with reservation of rights”.
- Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the e-commerce section of the Site in the summary of the order and at the time the order is transmitted by the Consumer. Such price is inclusive of the costs of Products’ standard packaging, VAT (where applicable) and any indirect tax (where applicable), whilst it is exclusive of shipping costs, which are calculated and displayed in the summary of the order prior to its transmission to the Seller and which the Consumer agrees to pay to the Seller in addition to the price of the Products indicated on the e-commerce section of the Site.
6.2. The Consumer shall pay to the Seller the total price, inclusive of the elements indicated at previous article 6.1., as summarized in the order transmitted by the Consumer and the order confirmation sent by e-mail by the Seller to the Consumer.
6.3. The Consumer is invited to request information on any duties or taxes applicable in the Consumer’s country of residence or the country of destination of the Products to the competent authorities in the Consumer’s country of residence or the country of destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties that a country may apply, for any reason to the Products purchased through the e-commerce section of the Site and under these Conditions of Sale is the exclusive responsibility of the Consumer.
6.5. The Consumer declares that the Consumer’s lack of knowledge of the costs, charges, taxes and/or duties indicate at paragraphs 6.3. and 6.4. above shall not constitute a reason for termination of the purchase contract and said costs and/or duties shall under no circumstances be required to be paid by the Seller.
6.6. Finally, Consumer acknowledges that in the event of the Consumer’s refusal of the Products or non-delivery of same for reasons attributable to the Consumer or their recipient (such as incorrect address and/or telephone number of the recipient; repeated absence of the recipient, etc.) the Seller may retain the Products and charge the Consumer an amount that corresponds to the ordinary shipping costs by courier of the Products, the costs of their return and any additional custom duties and taxes applicable to the sale. The Consumer will thus be reimbursed solely of the paid price of the Products.
7.1. Payment of the total price of the Products purchased through the e-commerce section of the Site shall be made by the Consumer within the essential term of 1 (one) day from the date of transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly agrees that performance of the purchase contract by the Seller will commence at the time the price of the purchased Product/s is credited onto the Seller’s bank account.
7.2. Payment may be made only by credit card in accordance with the following conditions. The Seller may also allow other payment methods by indicating them in the payment section on the e-commerce section of the Site.
7.3. The Seller shall promptly transmit to the Consumer, if required by applicable laws, the invoice/tax receipt concerning the purchase of the Products made in electronic format by e-mail to the address provided by the Consumer, if the Products are to be delivered in the Italian territory, or in paper format together with the purchased Products, in all other cases.
- Seller’s legal warranty of conformity, reporting of non-conformity and interventions under warranty.
8.1. Pursuant to European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereafter the “Consumer Code”), The Seller warrants to the Consumers that the purchased Products will be free from defects in their manufacturing or materials and conform to the descriptions published on the e-commerce section of the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. No warranty shall apply in the event the Products have been used or washed in a manner that does not conform to usage and washing of the Product and/or the instructions and/or warnings on the matter provided by the Seller, or displayed on the relevant illustrative documentation, tags or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer is required to report any defects and non-conformity of the Products within 2 (two) months from their discovery, by sending to the Customer Care Service of the Seller a communication by the contact form on the Site through the button “Contacts” at the bottom of each page of the Site, with indication of the defect and/or non-conformity detected, and attaching at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the fiscal receipt.
8.3. Following receipt of the communication above and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer and, after having examined the documentation provided by the Consumer, shall decide whether to authorize the return of the Product and reply to the Consumer by e-mail to the address provided by the Consumer in the process of registration on the Site or when transmitting the order, containing the return form to be included in the package, a sheet with the address of the warehouse to be printed and applied to the outside of the package and the instructions for returning the Product. An authorization to return the Products shall in no event constitute acknowledgement of the defect or non-conformity, which real existence will be assessed after the Products have been returned, that is, upon arrival of the Products at the Seller’s warehouse at the address indicated in the following paragraph. Upon arrival of the Products at the Seller’s warehouse, the Seller will carry out the quality checks of the returned Products, with the assistance of the Seller. If the Seller doesn’t authorize the return because the Product doesn’t have any defects, the Seller will notify the Consumer by e-mail that the Product is compliant and that it doesn’t have any defects, and consequently, will invite the Consumer to recover the Product at his own expense by refusing to carry out any warranty work.
The Products that the Seller authorised to be returned shall be returned by the Consumer, together with a copy of the notice of authorization to return them indicating the “Returned Product Code” within 30 (thirty) days from the date the defect or non-conformity was reported, to the following address:
Via Muratori Lodovico 7
20135 MILANO – IT
8.4. In case of defects or non-conformity, the Consumer shall have the right to the restoration by the Seller of the conformity of the Product, by repair or replacement, or the alternative remedies in the cases expressly provided by article 130 of the Consumer Code.
If the Seller undertook to reimburse the Consumer of the paid price, reimbursement will be effected, where possible, by using the same payment method used by the Consumer to purchase the Product.
- Defective Products Liability
9.1. The provisions of EC Directive 85/374/CEE the Consumer Code shall apply to any damages caused by defective Products. The Seller, in its capacity as distributor of the Products on the e-commerce section of the Site, shall be released from any liability, without exclusions and/or exceptions, by indicating, upon request by the Consumer, the identity and address of the manufacturer.
- Right to cancel
10.1. Subject to the exceptions provided in Article 59 of the Consumer Code, the Consumer shall have the right to cancel any purchase contract concluded pursuant to these Conditions of Sale without the obligation to provide a reason and incurring any penalty, within 14 (fourteen) days from (i) the date of delivery of the Products or (ii) in the event of purchase of several Products with a single order that are delivered separately, from the date of delivery of the last Product.
10.2. To exercise the right to cancel, the Consumer shall notify the Seller, prior to the expiry of the term indicated at paragraph 10.1 above, of the Consumer’ decision by the contact form on the Site through the button “Contacts” at the bottom of each page of the Site and entering the order number and e-mail address used to make the purchase. Alternatively, the Consumer can send to the Seller, at the email address firstname.lastname@example.org an explicit declaration of a decision to cancel, providing the aforementioned information.
10.3. After performance of the terms of paragraph 10.2 above, the Consumer will receive a cancellation confirmation e-mail, containing, if in the meantime the Consumer received the ordered Product, the cancellation form to be inserted in the package, the instructions on how to return the Product, to be sent within and no later than the following 14 (fourteen) days to:
Via Muratori Lodovico 7
20135 MILANO – IT
10.4. If the Consumer received the Product, the Consumer is required to return it without undue delay and, in any event, within 14 (fourteen) days from the date notice of cancellation was given. This deadline is met if the Consumer returns the Products prior to the expiry of the period of 14 (fourteen) days. Shipping risks and costs for the return of the Products to the Seller, as well as the evidence of same, shall be the responsibility of the Consumer. If the Consumer exercises the right to cancel via the e-commerce section of the Site, prior to confirming the cancellation decision, the cost for returning the Products will be indicated through the return service offered by the Site.
10.5. In the event of cancellation, the Consumer shall be reimbursed the payments made, inclusive of shipping and delivery costs to the Consumer (with the exception of additional costs deriving from the choice of a type of delivery other than the less expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 (fourteen) days from the date of exercise of the right to cancel. Reimbursement shall be effectuated by using the same method of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement via a different method of payment. In such event the Consumer will be charged for any additional costs deriving from the choice of such different method of payment. The Seller may suspend reimbursement until receipt of the returned Products or evidence of their shipping by the Consumer, if earlier.
10.6. The Consumer is liable for any diminished value of the Products resulting from a manipulation of same other than that is necessary to establish the nature, features and functioning of the same. Therefore, if the returned Products are found to be damaged (for example they evidence usage, abrasion, nicks, scratches, deformation, etc.), incomplete in all their elements or accessories (including unaltered tags or labels and attached to the Product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, if any, the Customer shall be liable for the decreased value of the Product and be entitled to receive the reimbursement of an amount equal to the residual value of the Product. To this purpose, we invite the Consumer not to manipulate the Product beyond what is strictly necessary to establish the nature, features and functioning of same and to protect the original packaging of the Products with an additional protective packaging that preserves its integrity and protects its during transport even from writings or labels.
- Intellectual Property Rights
11.1. The Consumer acknowledges that all industrial and/or intellectual property rights and/or rights of economic exploitation in and to all or part of the Site, including without limitation the content, information, products or services rendered available via the Site, are and shall remain solely and exclusively owned and/or otherwise available to Lucia Merlo for the world and universe and for the full period of protection (including renewals, extensions and, thereafter if permissible, in perpetuity) provided by applicable law and regulations, in any form, format, manner, by any means and/or onto any media.
Consequently, the Consumer acknowledges and agrees that the said rights shall cover (i) each and every trademark, logo, title, company name, domain name, distinctive sign, product name, whether registered or unregistered, of the Seller that is contained in the Site, (ii) each and every product of the Seller and/or related design, model, whether registered or unregistered, that is reproduced on the Site (iii) each and every textual, visual, audio, audio-visual content and/or material of the Site, including without limitation graphic designs and layouts, informative and/or editorial content, images, , photographs, music, videos.
Nothing contained in the Conditions of use and/or Conditions of Sale and/or Privacy Notice shall have the effect of transferring, licensing and/or otherwise deal with the said rights to the Consumer and/or to any third party. The Consumer undertakes not to do or omit any act that does not conform to or may otherwise prejudice the rights above indicated.
The Consumer may not directly use or authorize any third party to use the Site for any unlawful purpose and/or in breach of any legislation, regulations and/or the rights of any third party and/or the Conditions of Use and/or Conditions of Sale, nor store, copy, reproduce, upload, publish, distribute, broadcast, transmit, communicate, make available to the public, modify, adapt, translate, encode, or otherwise use all or part of the Site, including without limitation the content, information, products and services rendered available via the Site (such as for example all the content of the Site), in any form, format or manner, by any means and/or onto any media, including without limitation by means of software and/or computing and/or digital instruments and/or equipment and/or media and/or telecommunications’ services.
- Protection of Consumer Personal Data
12.2. The Consumer hereby declares and warrants that in providing personal data to the Seller during the registration and purchase process the Consumer shall comply with all applicable laws and regulations, notably by providing true and correct data.
12.3. The Seller, as The Controller, shall grant to take appropriate measures to ensure stored or processed from destruction, loss, even accidental, alteration, unauthorised disclosure and accidental or illegal access.
12.4 The Consumer is entitled, at any time, to update and/or amend the personal data provided to the Seller through the “My Account” section on the Site, which can be accessed after logging in.
12.5. For any further information on how the personal data of the Consumer are processed, we invite you to access the Data Protection Information Notice to Users (INSERIRE IL LINK) section and carefully read the General Condition of Use https://www.luciamerlobags.com/general-condition-of-use/.
- Applicable law, settlements and jurisdiction
13.1. The Conditions of Sale and any purchase contract concluded between the Seller and the Consumer under these Conditions of Sale shall be governed and construed in accordance with the laws of Italy and, in particular, the Consumer Code, with specific reference made to the legislation on the matter of distance contracts, and Italian Legislative Decree no. 70 of April 9, 2003, on certain aspects concerning electronic commerce. In any event, any rights granted to Consumers by mandatory provisions of law in force in the Consumer’s country of residence shall not be prejudiced.
13.2. In the event of a dispute between the Seller and the Consumer, the Seller hereby warrants that it shall participate to the attempt to reach an amicable settlement which a Consumer can request before RisolviOnline, an institutional and independent service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which offers the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
13.3 As an alternative to the settlement attempt of paragraph 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission European in accordance with Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, with the aim of facilitating out-of-court solutions that are independent, impartial, transparent, efficient, rapid and equitable to disputes concerning contractual obligations deriving from on-line sales or service between a Consumer residing in the Union and a trader established in the Union by the intervention of an ADR entity (Alternative Dispute Resolution) adhering to it, and that may be selected from a list available on the platform. For further information on the European ODR Platform, or to start, through it, a procedure of alternative resolution of a dispute concerning a purchase contract concluded pursuant to the Conditions of Sale, please use the following link: http://ec.europa.eu/odr. The Seller’s e-mail address to be reported to the European ODR Platform is as follows: email@example.com
13.4. If no settlement attempt is made under articles 14.2 and/or 14.3 above, or the attempt is not successful, the dispute shall fall under the exclusive jurisdiction of the court of the Consumer’s residence or domicile, if the Consumer resides or is domiciled in Italy, or the court of Milan, Italy, if the Consumer resides elsewhere.
- Language of Conditions
14.1 The Conditions of Sale are published on the Site just in English.