1. SCOPE OF APPLICATION
1.1. The present general conditions of online sale ("Conditions") apply to all contracts for the sale of products marketed by ANTONIO LUPI DESIGN S.P.A. with registered office in Via Mazzini 73/75, loc. Stabbia 50050 Cerreto Guidi (Fi) VAT identification number 04980750485 ("ANTONIO LUPI"), and purchased by the final consumer ("Purchaser") through the website www.antoniolupi.it ("Site"). The Purchaser must read these Terms and Conditions made available by ANTONIO LUPI in the specific "General Terms and Conditions of Sale" section of the Site before making any purchase. These Conditions must be carefully read by the Purchaser before proceeding to purchase products through the Site. The submission of a purchase order by the Purchaser by completing the purchase procedure described in these Conditions ("Order") for a product offered for sale on the Site, requires the total and unconditional acceptance of these Conditions as well as the consent to the processing of personal data necessary to allow the Order to be processed by ANTONIO LUPI according to the indications and conditions contained in the Privacy Policy.
1.2. The Conditions may be modified at any time. Any amendments will be in force from the moment they are published in the "General Conditions of Sale" section of the Site. It is understood that the applicable Conditions are those in force on the date the Order is sent by the Purchaser.
1.3. These Conditions, as amended from time to time, will apply for as long as the products are offered for sale on the Site and until the expiry of the terms of the warranties referred to in art. 8 below.
2. REGISTRATION AND PERSONAL PAGE
2.1. In order to make purchases through the Site, the Purchaser may decide to proceed without registering on the Site. In order to complete an Order, the Purchaser who does not intend to register on the Site must, in any case, communicate the information necessary to execute the order (First Name, Surname, email address, invoicing and shipping address complete with Street, City, Province, Country, Postcode).
2.2. It is also possible to register through the specific section of the Site dedicated to Purchasers, creating a specific account. In order to proceed with registration, the Purchaser must provide the following information (First Name, Surname, email address, full address with Street, City, Province, Country, Postcode), must read the privacy policy and provide any consent to the processing of personal data for the purposes of processing that require them, and must also read and accept these Conditions. If the Buyer wishes to receive offers or newsletters from ANTONIO LUPI, it will be necessary to provide the appropriate consents to the processing of personal data for such purposes. Failure to accept the Conditions will result in the inability to register on the Site. Registration to the Site is free of charge. By registering in the appropriate section of the Site, the Purchaser declares that he/she is acting exclusively as a "consumer" within the meaning of Legislative Decree 206/2005 ("Consumer Code"). The term "consumer" refers to any natural person who acts on the Site for purposes that are not related to their own commercial, entrepreneurial or professional activity, if any.
2.3. The Purchaser guarantees that the information and data provided when registering with the Site are complete, correct and true and agrees to hold ANTONIO LUPI harmless and indemnified from any damage, obligation to pay compensation and/or sanctions deriving from and/or in any way connected to the violation by the Purchaser of the rules on registration with the Site or the storage of registration credentials.
Once the registration process has been completed, the Purchaser will receive his access credentials, consisting of a username (email address) and password chosen by the Purchaser during the registration process on the Site. The Purchaser agrees to safeguard the credentials and acknowledges that he/she is solely responsible for access to the Site using the registration credentials and is directly liable for any damage or harm caused to ANTONIO LUPI or third parties by improper use, loss, misappropriation by others or failure to maintain adequate confidentiality of his/her registration credentials. All operations carried out using registration credentials are considered to have been carried out by the Purchaser to whom the registration credentials refer.
2.4. The registered user, through his personal account, can monitor the status of orders in progress, consult the order history, modify the shipping and invoicing data, change the access data.
2.5. The Purchaser may cancel his registration to the Site at any time, communicating his intention to do so through the specific section in his personal account.
3. INFORMATION AIMED AT THE CONCLUSION OF THE CONTRACT
3.1. The Purchaser can select the products to be purchased from the different categories available on the Site. Information on the products and their characteristics is published on the Site.
3.2. Pursuant to Legislative Decree No. 70 of 9 April 2003, the potential Purchaser is informed that in order to make the purchase proposal, he must follow the procedure indicated on the Site, which allows - before the actual transmission - to identify and correct any errors in the order data.
3.3. Once the purchase proposal has been sent, ANTONIO LUPI will process the request, check the receipt of payment for the products to be purchased and, in the event of acceptance of the proposal, will send the Purchaser an order confirmation by e-mail containing: a summary of the information relating to the characteristics of the product purchased, a detailed indication of the price, the method of payment used and the shipping costs.
3.4. Before sending the Order, the Purchaser may view on the Site all the information referred to in Article 49 of Legislative Decree no. 206/2005 (Consumer Code) such as, merely by way of example and without limitation: information relating to ANTONIO LUPI, the price, including taxes and shipping costs, the essential characteristics of the product he wishes to purchase, as well as all other mandatory information required by Italian law.
3.5. The products comply with the applicable legislation in Italy and in the European Union in force at the time of the Order. ANTONIO LUPI cannot be held responsible for the non-compliance of the products with the legislation of the country to which the Buyer wishes the delivery to be made. The Buyer is responsible for checking with the local authorities of the country where the products are to be delivered on how to import and/or use the products and services he intends to order.
3.6. ANTONIO LUPI cannot guarantee that the information on product packaging will be translated into all languages. However, this information will be available at least in Italian and English.
3.7. For any information concerning the products and their use, as well as for any further questions or requests for advice, the Buyer may contact ANTONIO LUPI's Customer Service at the following e-mail address: ecommerce@antoniolupi.it.
4. CONCLUSION OF THE CONTRACT
4.1. Once the Buyer has selected the products he intends to purchase, he must confirm his Order after viewing the Order summary screen containing the final prices of the selected products, including any shipping costs. By confirming and sending the Order electronically, the Purchaser makes an irrevocable proposal to purchase the products selected in the shopping cart, undertaking to pay the relative amount, and with an express request for execution even without prior acceptance.
4.2. Once the Purchaser confirms the Order by clicking on "Buy", the Purchaser declares that he/she has consciously accepted the contents and conditions of the Order and, in particular, these Conditions, the prices, characteristics, quantities and delivery times of the products ordered.
4.3. ANTONIO LUPI has the right to accept or not the proposal, or to accept it partially with respect to the quantity indicated, giving notice by e-mail to the e-mail address that the Purchaser indicated when registering.
4.4. The sale will be final only when ANTONIO LUPI accepts the Order by sending the confirmation e-mail. A second e-mail will be sent to the Purchaser at the time of delivery of the ordered products by ANTONIO LUPI to the shipping carrier. Such e-mails will be sent to the Buyer at the e-mail address entered when registering on the Site and/or when subsequently modified. ANTONIO LUPI will not be liable in the event that an invalid e-mail address is entered and/or the order confirmation e-mail is not received for reasons not directly attributable to ANTONIO LUPI. In this case, the sale will be considered final. However, the Buyer may exercise the right of withdrawal in accordance with Article 9 of these Conditions.
5. AVAILABILITY OF PRODUCTS
5.1. The parties acknowledge that it may happen that a product indicated as available on the Site may not be. In this case, the Purchaser will receive an e-mail from ANTONIO LUPI at the address indicated when registering with the Site or at the address indicated in the event of a change in which he will be informed of the unavailability of the product and the consequent total or partial non-conclusion of the contract or an estimate of the time required for availability and delivery. The Buyer expressly exonerates ANTONIO LUPI from any responsibility for the unavailability of the product requested.
5.2. The products will remain the property of ANTONIO LUPI until payment of the purchase price and expenses is completed by the Buyer.
6. TERMS OF SHIPMENT, DELIVERY AND RETURN OF THE PRODUCTS
6.1. The products ordered by the Purchaser under these Conditions will be delivered to the address specified by the Buyer as the delivery address on the Order.
6.2. The purchased product will be delivered to the Buyer exclusively in the territories of the following nations: Italy - Austria - Germany - Spain - Portugal - Belgium - France - Holland - Luxembourg only after receiving confirmation of successful payment of the total amount due. In the event of a country other than those listed above, the Purchaser may contact ANTONIO LUPI directly at ecommerce@antoniolupi.it.
6.3. ANTONIO LUPI shall use all reasonable efforts to deliver the products within the terms indicated, which, however, must be considered merely indicative and not essential. It is understood that ANTONIO LUPI shall not have any responsibility for the case of delays in delivery beyond the term indicated.
Orders shall be processed by ANTONIO LUPI exclusively on weekdays from Monday to Friday, excluding all public holidays and/or business closures. All ANTONIO LUPI products are made upon order. Delivery times are indicated on the website next to the product and must be considered as an approximate indication, as they take into account production times and destination. Transport costs shall be borne by the customer. If a single order is made up of a number of products that require different production times, ANTONIO LUPI may ship the items, again at the customer's expense, even at different times, after informing the customer in writing. The shipment and delivery of the products will take place according to the procedures and times applied by the courier who will take charge of the products to make the delivery. All risks associated with the delivery of the products shall be borne by the Buyer from the moment the products are handed over to the courier by ANTONIO LUPI. If the Buyer has chosen to collect the purchased products himself, the risk of loss or damage of the products is transferred to the Buyer at the moment of delivery to the carrier chosen by the Buyer. Any visible damage to the products and/or their packaging must be communicated to the carrier at the time of delivery and confirmed by e-mail to ecommerce@antoniolupi.it within 24 hours of delivery with photos showing the damage precisely.
If the payment is made by debit or credit card, items may be dispatched one day later, subject to normal security precautions (fraud or card misuse, for example) imposed by banks. If payment is not confirmed within 30 days, the Order will be automatically cancelled.
6.4. Upon delivery of the products, the Buyer must check that:
- the number of packages corresponds to that resulting from the transport documents;
- the packages and packaging are intact and without signs of damage, tampering or alteration.
6.5. If as a result of this check, the Purchaser discovers that the number of packages does not correspond to that resulting from the transport documents and/or the packages are not intact and/or show signs of damage and/or tampering and/or alteration, he must immediately report these circumstances to the courier and must refuse the products, or accept them with written reservation. In any case, the Purchaser must inform ANTONIO LUPI in writing by sending an e-mail to ecommerce@antoniolupi.it within 8 (eight) days from delivery of the products.
7. PRICES AND PAYMENTS
7.1. The prices published on the Site are expressed in Euro and are the prices in force at the time the Order is sent by the Purchaser. The prices of the products are inclusive of VAT applicable at the time the Order is sent. The prices of the products do not include any customs import taxes in the country where the products are delivered, nor shipping costs, nor any other accessory expense, all of which will be borne by the Buyer.
7.2. Payment for the purchased products can be made exclusively by the following methods of payment, described in detail on the Site:
- Credit cards of following circuits: Visa, Visa Electron, V-Pay, Mastercard, Maestro;
- Bank transfer to the following IBAN: IT49Q0842537870000030319586.
7.3. In the event of payment by credit/debit card, financial information such as the credit/debit card number or expiry date will be forwarded to Nexi which, by means of a certified SSSL encrypted protocol, guarantees the security of online transactions. Moreover, this information will never be used by ANTONIO LUPI except to complete the procedures relating to the purchase by the Purchaser and to issue the relative refunds in the event of any returns of products as a result of the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.
7.4. At the time the Order is transmitted, the credit card used by the Purchaser for payment will not be charged. The charge will only be made after (i) the details of the credit card used for payment have been verified and (ii) the issuer of the credit card used by the Buyer has authorised the charge.
7.5. In the event that the charge is not successful, ANTONIO LUPI shall be entitled to suspend or cancel, at its own discretion and at any time, the execution of an Order and the shipment of the products ordered.
7.6. In any case of late payment, ANTONIO LUPI shall be entitled to default interest at the legal interest rate from the tenth working day after the date of the Order or after notification of rejection of the bank payment.
8. WARRANTY
8.1. In the event of a lack of conformity of a product pursuant to article 129 of the Consumer Code, the legal guarantee pursuant to articles 130 and 132 of the Consumer Code shall apply. The Purchaser is entitled to have the conformity of the goods restored, free of charge, by repair or replacement. If these remedies fail, the Buyer is entitled to an appropriate reduction in the price or termination of the contract. The Buyer forfeits these rights if he/she does not notify ANTONIO LUPI of the lack of conformity within two months from the date on which he/she discovered the defect. Notification of the defect must be accompanied by appropriate photographic documentation. ANTONIO LUPI is liable when the lack of conformity becomes apparent within two years from delivery of the product. The action aimed at asserting defects not fraudulently concealed by ANTONIO LUPI is prescribed, in any case, within the term of twenty-six months from delivery of the product.
The Warranty does not apply to defects and/or non-conformities that may arise due to improper use or storage not in accordance with the instructions provided by ANTONIO LUPI or in any case inadequate or negligent, imprudent or careless in relation to the nature and characteristics of the products.
ANTONIO LUPI reserves the right to examine the allegedly defective and/or nonconforming products in order to verify the actual existence of the defects and/or nonconformities reported by the Buyer. In no case will unauthorised returns be accepted. All returns of flawed and/or defective and/or non-conforming products must be agreed upon in advance with ANTONIO LUPI by e-mail at ecommerce@antoniolupi.it, which will arrange for the courier to collect the returned goods at the same location where the goods were delivered. ANTONIO LUPI will be responsible for the transportation costs of authorized returns for damages attributable to ANTONIO LUPI or resulting from manufacturing defects. In the event of a positive verification, ANTONIO LUPI will replace the defective, damaged or non-conforming product and ship it to the Purchaser as soon as possible. Shipping charges will be borne entirely by ANTONIO LUPI. In the event that ANTONIO LUPI is unable to replace the products, ANTONIO LUPI will promptly notify the Buyer at the e-mail address provided during registration on the Site and will refund the cost of such products to the Buyer. The refund of the price will be made by ANTONIO LUPI in the manner chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the products.
8.2. If, after examining the returned products, ANTONIO LUPI reasonably believes that the products cannot be considered defective, damaged or non-conforming, the legal warranty will not apply and, consequently, the Buyer will not be entitled to a refund, the products will be returned to the Buyer and the Buyer will be required to pay the transportation costs incurred by ANTONIO LUPI, as well as the costs of returning the products.
9. WITHDRAWAL
9.1. Pursuant to article 52 of the Consumers' Code, the Purchaser has the right to withdraw from the purchase contract without penalty and without giving any reason within 14 (fourteen) days from the acquisition of physical possession of the product ordered or, in the case of the purchase of multiple products included in a single order and delivered separately, from the acquisition of physical possession of the last product purchased. The Purchaser's right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and, in particular, in the case of the purchase of clearly personalised goods or the supply of sealed goods that are not suitable for return for hygienic reasons or reasons connected with the protection of health if they have been opened after delivery.
In order to exercise the withdrawal, the Purchaser must inform ANTONIO LUPI (ANTONIO LUPI DESIGN S.p.A., Via Mazzini 75/73, loc. Stabbia 50050 Cerreto Guidi (Fi) - tel. +39 0571 586881 - e-mail: ecommerce@antoniolupi.it) of the decision to withdraw from the contract by means of a specific written declaration to be transmitted by post or e-mail. To this end, the Purchaser may use the withdrawal form available at the following link Withdrawal Form.
9.2. ANTONIO LUPI will collect the goods at its own care and expense at the same delivery address; if the Buyer intends to return the goods himself, he will have to bear the shipping costs. The Buyer shall be liable for any decrease in the value of the goods resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the goods. The Buyer must ensure that the goods to be returned are intact and properly packaged in their original packaging and in a manner at least equal to that in which they were delivered. ANTONIO LUPI assumes no responsibility for goods damaged in transit due to inadequate packaging. ANTONIO LUPI expressly reserves the right not to accept the return of products that have been altered from their original packaging and appearance.
9.3. Pursuant to art. 59 of the Consumer Code, the right to withdraw is excluded in the event that the sale concerns custom-made or personalised products or products that by their nature cannot be returned or are liable to deteriorate or expire rapidly, or sealed goods that cannot be returned for hygienic or health protection reasons and have been opened after delivery.
9.4. Upon receipt of the products, ANTONIO LUPI will refund all payments received from the Buyer, including delivery costs, using the same means of payment chosen for the initial transaction. Reimbursement of additional delivery costs will not be due if the Buyer has chosen a type of delivery other than the least expensive type proposed by ANTONIO LUPI.
10. PRIVACY AND CONFIDENTIALITY
10.1. The processing of the Buyer's personal data will be carried out for the purposes and in the manner indicated in ANTONIO LUPI's privacy policy, which can be consulted at this link.
11. CUSTOMER SERVICE
11.1. The Purchaser may request any information by contacting ANTONIO LUPI's Customer Service Department at the following address: ecommerce@antoniolupi.it.
12. SUSPENSION OF SERVICE
12.1. ANTONIO LUPI reserves the right to temporarily suspend, without prior notice, the provision of the service on the Site for the time strictly necessary for the technical work necessary and/or appropriate to improve the quality of the service. ANTONIO LUPI will not be liable for any cancellation of registrations on the Site that may result from such technical interventions.
12.2. ANTONIO LUPI may, at any time, discontinue the online sales service if there are security or confidentiality violations - in this case ANTONIO LUPI shall give prior notice to the user; ANTONIO LUPI shall not be liable for any consequential damages or costs.
13. CONTENTS OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
13.1. The contents of the Site, including but not limited to drawings, images, photographs, sounds, videos, documents, trademarks, logos, and any other material, in any format, including web pages, graphics, colours, schemes, tools, fonts and design of the web site, diagrams, layouts, methods, processes, functions and software, are the exclusive property of ANTONIO LUPI, or other legitimate owners. The reproduction, modification, duplication, copying, distribution, sale or in any way exploitation of the images and contents of the Site is prohibited. Any use of the contents of the Site for commercial and/or advertising purposes is also prohibited.
13.2 Under no circumstances may the Purchaser alter, change, modify or adapt the Site or any other document and/or material provided by ANTONIO LUPI.
14. APPLICABLE LAW. OUT-OF-COURT SETTLEMENT OF DISPUTES AND COMPETENT JURISDICTION
14.1 These Conditions are governed by Italian law.
14.2. The Purchaser has the right to promote the out-of-court settlement of disputes concerning the consumer relationship with the bodies set up by the Chambers of Commerce, Industry and Agriculture pursuant to Law No. 580 of 29 December 1993, as well as to resort to mediation procedures pursuant to Legislative Decree 28/2010 and subsequent amendments, under the conditions provided by the body chosen by the Purchaser that will administer this procedure. Without prejudice to the provisions of Articles 14.3 and 14.4 below, the possibility of using the voluntary and joint negotiation procedures envisaged by Article 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures envisaged by the service charters, is reserved.
14.3. In accordance with Article 14 of Regulation 524/2013 ANTONIO LUPI informs the user that in the event of a dispute, he/she may file a complaint through the Online Dispute Resolution ("ODR") platform of the European Union at http://ec.europa.eu/consumers/odr/. The ODR platform and the ODR procedure are an extrajudicial solution for disputes arising from contracts of sale or online services. To this end, we inform you that the e-mail address of ANTONIO LUPI is ecommerce@antoniolupi.it.
14.4 Without prejudice to the possibility of resorting to the out-of-court settlement of disputes indicated in Articles 14.2 to 14.3 above, any dispute relating to the interpretation and validity of the Conditions and to all sales of products concluded on the Site will be referred, in the absence of a settlement, to the Italian courts having jurisdiction based on the place of residence or domicile of the purchaser, if located in Italian territory.
15. FINAL PROVISIONS
15.1. The invalidity or ineffectiveness of one or more provisions of the Conditions shall not affect the validity or effectiveness of the other provisions within these Conditions. Where an invalid or ineffective provision of the Conditions would be valid or effective as a result of the deletion and/or amendment of certain provisions, those provisions shall apply with the necessary amendment(s) for the provision to be valid and effective.
15.2. Any forbearance by ANTONIO LUPI with respect to any breach and/or violation by Buyer does not prevent ANTONIO LUPI from exercising its rights under these Terms.
Withdrawal Form
