general online sales conditions (via the website shop.lafabbricadellino.com)
(last update on 01.01.2023)
BERGIANTI & PAGLIANI SRL (hereinafter “B&P”), with registered office in Via Ricerca Scientifica, 2/b int.2 41012 Carpi (MO) ITALY, VAT number and Fiscal Code. 03365440365, REA MO 381389, Register of Artisan Companies MO-139005, pec: bergiantiepaglianisrl@legalmail.it (hereinafter “LFDL”), offers all consumer users the opportunity to purchase online products under the LaFABBRICAdelLINO brand and under the LFDL brand (hereinafter the “Products”), offered for sale via the website shop.lafabbricadellino.com ( hereinafter the “Site”) of which B&P is the exclusive owner.
1. GENERAL PROVISIONS - APPLICABILITY OF THE GENERAL CONDITIONS OF SALE
1.1 These general conditions of sale (hereinafter "General Conditions") govern, constituting an integral part of, all distance selling contracts concluded through the Site, between the company Bergianti & Pagliani Srl, Via Ricerca Scientifica 2/b, int. 2 – 41012 Carpi (MO), VAT number 03365440365 ("B&P") and the consumer (the "Customer"), in compliance with the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and the regulations on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments).
1.2 The General Conditions and pre-contractual information (as per art. 49 of the Consumer Code and as per art. 7 of Legislative Decree 70/2003), as provided by B&P and reported on the Site, will remain valid and effective until modified and/or integrated by B&P. Any changes and/or additions to the General Conditions and pre-contractual information will be effective from the date on which they are published and will apply to sales made from said date. The latest updated version of these General Conditions is the one available on the Site.
1.3 The Customer declares and guarantees: (i) to be a consumer, in accordance with the provisions of article 3 of the Consumer Code; (ii) to be of age; (iii) that the data provided by the same for the execution of the Contract are correct and truthful.
2. METHOD OF CONCLUSION OF THE CONTRACT
2.1. The Contract is considered correctly concluded with the transmission, by B&P, to the email address provided by the Customer, of a confirmation email (hereinafter "Order Confirmation") of the Customer's purchase order, placed via the Site according to the methods set out in the following article 2.2 (hereinafter the "Order"). It should be noted that the system is not able to detect errors in reference to the data entered by the Customer in the field dedicated to billing and shipping addresses.
2.2 . Before transmitting their Order, the Customer must read the pre-contractual information provided by B&P and these General Conditions, accepting the latter by placing a flag in the indicated box. Each Order must be placed online by following the procedure on the Site in the "Purchase Guide" section. In particular, the Customer may proceed with the Order according to the following methods:
- Registered customer: by entering your access credentials (username and password) in the "Login" section.
- Unregistered customer: by entering the requested data, necessary to make the purchase, in the appropriate form , accessing the "Register" section.
2.3. The Order Confirmation will summarize the Customer's data, the Order number, the Products purchased, the price of the Products purchased, the delivery costs and the delivery address to which the Products will be sent, and will contain the link to download and archive a copy of these General Conditions (as required by art. 51 paragraph 1 of the Consumer Code). The Customer undertakes to carefully verify the correctness of the Customer's personal data and the Order data summarized in the Order Confirmation and to promptly communicate to B&P any corrections to be made. The Order number indicated in the Order Confirmation must be used by the Customer in all communications with B&P. It is possible that there may be occasional unavailability of the Products offered; in this case, if the Products chosen by the Customer are not, in whole or in part, available, B&P will communicate this to the Customer.
3. PRICES AND SHIPPING COSTS
3.1 All sales prices of the Products offered for sale on the Site (hereinafter the "Price(s")) are expressed in Euros and include VAT and all other taxes.
3.2 Unless otherwise indicated on the Site at the time of the Order, shipping and delivery costs, not included in the Price, are borne by the Customer. These costs, which will depend on the delivery address requested by the Customer, as well as any additional additional costs not included in the Price, will be adequately calculated and indicated at the time of conclusion of the purchase procedure, before forwarding the Order and carrying out the payment.
4. PAYMENT AND BILLING METHODS
4.1 Any payment by the Customer can only be made using the methods indicated on the Site, in the “Payment Methods” section. Unless otherwise indicated at the time of the Order, the Customer will be allowed to choose one of the following payment methods: credit card, prepaid card, bank transfer, PayPal, or any other means of payment indicated from time to time on the Site by B&P. No commissions will be applied to the Customer for any payment method chosen.
4.2 The actual charge will take place when B&P sends the Order Confirmation. Communications relating to payment and the data communicated by the Customer when this is made take place on special protected lines. The security of credit card payments is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
5. DELIVERY OF THE PRODUCTS
5.1 B&P will deliver the Products to the address indicated by the Customer within a period of time which may range between 20 (twenty) and 30 (thirty) days from the Order Confirmation and, in any case, within the terms indicated in the Order Confirmation Order. The expected delivery time may vary from Product to Product. During national holidays, deliveries may be subject to delays due to factory closures. Any variation in delivery times, compared to the times indicated in the Order Confirmation, will in any case be communicated to the Customer via e-mail. During the manufacturing of the Product, the Customer will be constantly informed on the status of the Order, also by accessing the personal page on the Site.
5.2 Upon shipment of the Products, the Customer will receive an email to the email address indicated at the time of the Order containing the tracking number with which to monitor the progress of delivery.
5.3 If the Customer does not receive the Products or the shipment is subject to unannounced delays, the Customer can follow the instructions in the "Shipping" section or contact Customer care at customercare@lfdl.it .
6. RIGHT OF WITHDRAWAL - REFUNDS
6.1 The Customer may exercise the withdrawal from the stipulated contract, without any penalty and without the obligation to specify the reason, within 14 (fourteen) days from the date of receipt of the Products. To this end, the Customer undertakes, before transmitting the Order, to carefully read and accept the information on withdrawal present on the Site in the "Withdrawal, Returns and Refunds" section.
6.2 The Customer who intends to exercise the right of withdrawal must, no later than the aforementioned deadline, communicate this to B&P via an explicit declaration, which may be sent to B&P by registered mail or by e-mail to the address customercare@lfdl. it (using the Withdrawal Form found, via a link, in the “Withdrawal, Returns and Refunds” section). In this case the Customer is required to proceed as follows:
•download, by accessing the link found in the specific "Withdrawal, Returns and Refunds" section, the file to be filled in to communicate the withdrawal and request a refund of the price paid;
•return the Products, intact, in the original packaging and send the Products AT YOUR OWN EXPENSE, complete with the accompanying documentation.
The Product to be returned must be returned to
Bergianti & Pagliani Srl, Via Ricerca Scientifica 2/B, 4012 Carpi (MO) – ITALY
The direct costs of returning the Products are PAID BY THE CUSTOMER and are estimated to be equal to a maximum of approximately 100 (one hundred/00) euros.
Only unused and undamaged Products will be accepted by B&P. Products that have been modified in any way will not be accepted. B&P reserves the right to refuse the withdrawal and not to refund if the Product shows obvious signs of use or damage or modification.
6.3 Without prejudice to the right to verify compliance with the above, B&P will refund the amount paid by the Customer for the Products subject to the withdrawal within a maximum period of 14 (fourteen) days from receipt of the goods, the time necessary to check the Products returns; the amount paid by the Customer will be credited back with the same payment method used at the time of purchase where possible. Otherwise, the Customer must communicate in the Withdrawal Form the bank details on which he wishes to receive the refund.
6.4 In the event that the Customer contacts B&P via the “Tailored for You” section in order to place, via email exchange, orders for the purchase of tailor-made and completely personalized Products, pursuant to art. 59 letter c) of the Consumer Code ("Exceptions to the right of withdrawal") as an exception to articles 52 to 58 of the same Code, the Customer will NOT have the right to withdrawal.
7. LEGAL GUARANTEE OF COMPLIANCE - LIMITATIONS
7.1 Each Product supplied by B&P is made according to a specific non-industrial, but ARTISAN production process, i.e. made one at a time. A 3% variation tolerance is therefore expected and permitted on the measurements of the Product created compared to the measurements chosen by the Customer. B&P undertakes to describe and present the Products sold through the Site in the best possible way, with a photographic representation that is as realistic as possible. Nonetheless, due to the digital rendering of images on the web, the various light settings of the screens or other external conditions, it is possible that the representation of the Products online does not completely conform to reality and/or that the colors are not completely faithful. . The photographs of the Products presented on the Site therefore do not constitute a contractual element, as they are only representative and indicative. By proceeding with the Order the Customer accepts that there may be small discrepancies in this regard.
7.2 In the event of receipt by the Customer of a Product that does not comply with the Order pursuant to the Consumer Code, the Customer has the right to have the Product's conformity restored without charge by repairing or replacing the purchased Product.
7.3 The Customer must report the non-conformity of the purchased Product by sending a written communication to B&P by e-mail to customercare@lfdl.it or by registered letter to the B&P headquarters, illustrating the reported non-conformity and attaching 3 (three) photos of the Product (seen from the front, side, back) so that the defect is clearly visible. The Product will be inspected by B&P staff who, if the Product is actually found to be non-compliant, will notify the Customer of any authorization for the return.
7.4 Any Product returned without following the above procedure will not be accepted and will be returned to the sender. Returns will therefore not be accepted without prior communication via email to customercare@lfdl.it or via registered mail to the following address: Bergianti&Pagliani Srl, Via della Ricerca Scientifica 2/B - 41012 Carpi (MO) - Italy
7.5 Under the aforementioned conditions, and provided that B&P has communicated the return authorization to the Customer, the Product must be returned intact (i.e. unused and complete with all original packaging and accessories) together with the approved Return Form to:
Bergianti & Pagliani Srl, Via della Ricerca Scientifica 2/B
4012 Carpi (MO)–ITALY
For information: info@lfdl.it or +39 059686818.
7.6 Once the above conditions are satisfied, the Customer is entitled to the remedies referred to in Article 130 of the Consumer Code. Only if repair and replacement are impossible or excessively burdensome, or B&P has not repaired or replaced the Product within the deadline identified by B&P and, from time to time, indicated to the Customer, the Customer may request, at his/her choice , an appropriate reduction in the price or the termination of the contract. In the event of termination of the contract, B&P will refund the entire amount paid by the Customer, excluding shipping costs.
8. LIMITATIONS OF LIABILITY
8.1 B&P assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the Order within the times set out in the Order Confirmation.
8.2 B&P cannot be held responsible towards the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers.
8.3 B&P will also not be responsible for damages, losses and costs suffered by the Customer following failure to execute the sales contract for reasons not attributable to B&P, the Customer having the right only to a full refund of the price paid.
8.4 B&P assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, prepaid cards and other means of payment, upon payment of the Products purchased on the Site, if it demonstrates having adopted all possible precautions based on the best science and experience at the time and on the basis of ordinary diligence.
9. JURISDICTION
9.1 These General Conditions of Sale and the contract concluded on the basis of these General Conditions are subject to Italian law.
9.2 Any dispute relating to the application, execution, interpretation and violation of these General Conditions of Sale and of the contract concluded on the basis of these General Conditions will be under the jurisdiction of the Court in which the Customer has his residence or domicile, if located in the territory of Italian State, or the Court of Modena, if the Customer, although purchasing in Italy, has his residence or domicile abroad.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these General Conditions of Sale and the contract concluded by accessing the following site : https://webgate.ec.europa.eu/odr, as better explained in the “Dispute Resolution” section.
10. PROCESSING OF PERSONAL DATA
The Customer's data is processed by B&P in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the specific "Privacy" and "Cookie Policy" section.