General conditions of Sale
We invite you to carefully read these General Conditions of Sale before proceeding with any purchase. By making any purchase, the Customer fully accepts these General Conditions of Sale.
OBJECT
These General Conditions concern the terms and conditions of supply, via electronic network, of La Lupinella srl products. (later La Lupinella), with registered office in via Pietramarina n. 53, 50059 Sovigliana VINCI (FI) Tax Code. 01424930483, registration number in the Company Register of Florence and VAT number. 01424930483, tel. 0571 7091, e-mail: lalupinellasrl@legalmail.it and owner of the site: www.lalupinella.com (these references can be used by the Customer for any contact with La Lupinella and for any possible complaint). Each purchase transaction will be regulated, for those entitled to whom it is applicable, by the provisions of Legislative Decree 206/2005 as amended, by Legislative Decree 70/03 as amended and by any other regulations applicable to online sales while the processing of the Customer's personal data will be carried out by La Lupinella in full and timely compliance with the regulations referred to in EU Regulation 679/2016 (so-called "GDPR"), Legislative Decree 196/03 as amended and any other provision of applicable law on the matter (see "privacy policy" on the site)
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The purchase of products on the site: www.lalupinella.com is subject to the full acceptance by the Customer of these general conditions of sale. Therefore, before sending the order, the Customer must carefully read these general conditions of sale and the privacy policy and must confirm acceptance by selecting the corresponding flag. The conclusion and sending of the electronic order will take place only if the Customer confirms that he knows and unconditionally accepts these general conditions of sale and the privacy policy.
ACCOUNT CREATION AND NEWSLETTER SUBSCRIPTION
For the purposes of purchasing, it is not necessary for the Customer to create his own account. However, creating an account allows the Customer to: check out faster during purchases (the data previously saved on the account allows automatic filling for subsequent orders), check the status of the order, view previous orders , change account information, store alternate addresses, and edit or delete entered addresses.
The account registration credentials must be used exclusively by the Customer and cannot be transferred to third parties. The Customer must immediately notify La Lupinella via email in case of suspected use of such credentials by unauthorized third parties. The Customer guarantees that the data entered during the creation of the account are complete, correct and truthful.
The Customer is exclusively responsible for accessing the site www.lalupinella.com through the account and is responsible for any negative consequences that La Lupinella and/or third parties may suffer due to the improper use, loss, misappropriation of the access credentials by of third parties, failure to protect the secrecy of such credentials.
Regarding the use of the site, please refer to the "Legal Notes" section on the site's home page.
To receive the newsletter, it is necessary to register and give consent to the processing of personal data. You can unsubscribe at any time by clicking on the “Unsubscribe” button in the newsletter.
PURCHASE METHOD
The Customer can purchase the products on the website www.lalupinella.com by placing the order electronically. To this end, the Customer must select the products he intends to purchase and the related quantities, adding them to the cart. It is understood that the image accompanying a product may not be perfectly representative of its characteristics but may differ in colour, size and accessories shown in the picture. It is also understood that La Lupinella does not guarantee that the content of its website complies with current legislation in countries other than Italy.
Once the Customer has selected the items he intends to purchase, he can close the cart by selecting the "proceed to checkout" button. When selecting each item to purchase, a summary of the cost of the product including taxes will appear on the right of the page. Once checked out, the customer must enter the shipping address and billing address (if different from the shipping address) and select the payment method. Based on the shipping address, the shipping cost will be entered and, consequently, the total amount of the order. To view the individual items that make up the total, the customer must click on the box in which the total amount is indicated.
Only after completing the shipping data and choosing the payment method and only after accepting these general conditions of sale and the privacy policy, the customer will be able to place the order by clicking on "place order". At this point a page will open where the order is confirmed and an email will be sent to the Customer with the confirmation and summary of the order.
Sending the order implies the obligation to pay for the supply. The contract is considered concluded upon receipt by La Lupinella of payment for the requested supply.
ACCEPTANCE AND CANCELLATION OF ORDERS
The contract stipulated between La Lupinella and the Customer must be considered concluded with receipt of payment for the supply. Once the order has been placed, the Customer receives an order confirmation email. However, shipping does not occur until La Lupinella receives payment for your order. In default of payment, therefore, the contract will not be considered concluded and, consequently, the ordered products will not be delivered.
Any liability borne by La Lupinella, for any reason, contractual or non-contractual, for direct or indirect damages to persons and/or things, deriving from failure to deliver the order due to non-payment by the customer, is expressly excluded.
Without prejudice to the customer's right of withdrawal, as better detailed below, the customer has the right to cancel the order before making the payment by contacting customer support.
In the case of payment by bank transfer, the order will be canceled by La Lupinella in the event of non-payment within five working days of placing the order.
In the event of an error in entering the data, the customer can contact customer support, unless it is an error in the personal data, in which he can make the changes independently via the reserved area.
The customer who has created his own account has the possibility of accessing previous orders by clicking on the "my orders" link in the user dashboard.
Instead, the customer who has made previous purchases without having registered the account will be able to view previous orders through the communications received by email in this regard.
PAYMENT METHODS - PRICES AND CHARGES
Payment for the products ordered can be made by bank transfer or Pay-Pal. In case of payment by PayPal, please visit the site: https://www.paypal.com for information on this payment method. The ordered goods will be sent only when the sum due is actually credited to La Lupinella's current account.
The reason for the bank transfer must include:
• order number reported in the order confirmation email;
• name and surname of the order holder.
In case of payment by bank transfer, such payment must be made within 5 working days of the order. In default of payment within the aforementioned deadline, the order will be automatically canceled and La Lupinella will confirm the cancellation of the order to the Customer by e-mail.
The invoice, when to be issued, will be issued by La Lupinella following receipt of payment and will be attached to the shipment of the products or sent to the Customer separately.
The prices of the products are those shown on the site.
In the case of deliveries outside Italy, supplies may be subject to import duties and taxes, payable once the products supplied reach the specified destination. Any customs clearance costs will be borne by the Customer, who will also have to fulfill any obligation that the law places on the importer.
SHIPPING FEES
Shipping costs are paid by La Lupinella in the case of orders equal to or greater than €60 in Italy. These costs will however be borne by the customer in all other cases.
Applicable shipping costs are determined based on the weight, volume and destination of the products.
Once you have selected the product to purchase and before proceeding to check-out, the applicable shipping cost will appear by weight and volume and by destination in Italy. If the destination is different, the shipping cost will be updated when the shipping address is entered.
In the event of failure to collect the goods in stock at the courier's warehouses within 3 working days due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, any further logistics costs will be expressly charged to the customer.
DELIVERY TIME
Delivery will be made to the shipping address indicated by the customer. The order will be processed within seven working days of receipt of payment for the supply by La Lupinella for shipments to Italy and ten working days for shipments outside Italy, except in both cases for any delays attributable to the courier/shipper. The aforementioned terms must be considered purely indicative and non-binding. Therefore, no responsibility can be attributed to La Lupinella in the event of a delay in delivery and, where the Customer is a consumer, he must invite La Lupinella to make the delivery within an appropriate additional period. At the time of shipment, the Customer will receive an email indicating the shipment number and the order number and with a summary of the order itself. In any case, the Customer can contact La Lupinella for information on the status of the shipment or check the status of the shipment via their account if the Customer is registered.
ORDER - COMPLAINTS MISMATCH
On the same day of delivery, the Customer must communicate to La Lupinella via e-mail any mismatch between the products received and those ordered (quantity, type, etc.), specifying the reasons for the mismatch. La Lupinella will replace the products once the return has been received from the Customer, provided that the goods are returned with the original packaging.
For any faults or defects or damage to the products, please refer to the clause "GUARANTEE FOR DEFECTS AND DAMAGE TO THE PRODUCTS - LIABILITY"
RIGHT OF WITHDRAWAL
The Customer, where entitled as a consumer pursuant to and for the purposes of the Legislative Decree. lgs. 206/05 as amended, can withdraw without any penalty and without specifying the reason, within fourteen days of receiving the products. The right of withdrawal is exercised by sending, within the aforementioned deadline, a written communication to La Lupinella, by registered mail or by e-mail to the address: info@lalupinella,com; the registered letter is considered sent promptly if delivered to the accepting post office within the period indicated above.
The direct cost for returning the products in the event of withdrawal will be borne by the Customer, as the execution of the return will be under the sole responsibility of the latter.
In the event that the right of withdrawal has been duly exercised, La Lupinella will refund the sums received from the Customer within fourteen days from the date on which it became aware of the exercise of the right of withdrawal. The refund will be made using the same payment method used to place the order, unless the Customer has expressly indicated otherwise. Alternatively, where agreed with the Customer, La Lupinella may, instead of proceeding with the refund, issue the Customer a purchase voucher for an amount equal to that paid by the Customer for the purchase of the goods.
Bitossi Home will have the right to withhold the refund until it has obtained the return of the products from the Customer or until the latter has demonstrated that they have sent the products back, depending on which situation occurs first. The sums are considered refunded within the aforementioned term if they are actually returned, shipped or re-credited with a value no later than the expiry of the previously indicated term.
The Customer will be exclusively responsible towards La Lupinella for loss and/or damage to the returned products until they are returned to La Lupinella. The products must be returned intact and in their original packaging. In the case of returning goods that are incomplete or incomplete with their packaging, La Lupinella must notify the Customer in writing by e-mail; in this case, the goods returned by the Customer will not be refunded and will remain at the La Lupinella headquarters available to the Customer for collection. After ten days from receipt of the aforementioned communication without the Customer having collected it, La Lupinella will be free to use the aforementioned goods. In this case, the Customer's right to reimbursement of the price paid for such goods remains excluded.
WARRANTY FOR DEFECTS AND DAMAGE TO PRODUCTS - LIABILITY
La Lupinella guarantees that the products marketed through the website www.lalupinella.com are free from faults and defects.
The aforementioned guarantee operates, for customers who have the nature of "consumers" pursuant to Legislative Decree 206/05 as amended, for a duration of 24 months from delivery of the products and, for all other customers, for a duration of 12 months from delivery.
The operation of the guarantee is subject to the timely reporting of faults or defects or damage or non-conformity of the products, under penalty of forfeiture of the guarantee.
To this effect, the Customer must also ensure, no later than eight days from receipt of the products, to communicate by e-mail to La Lupinella any visible defects or damages of the products received, proving, where possible, the alleged defects or damages with appropriate photographic documentation.
However, in the case of non-visible defects, the complaint must be made by the customer, by registered mail or by e-mail, within 8 days of discovery, and must be accompanied by all information and documents suitable to prove the defects complained of.
La Lupinella, if it ascertains, on the basis of the information and/or documentation provided by the Customer, the existence of the defects or defects reported, will at its own expense collect the defective or damaged products from the Customer and, at its discretion, may carry out the exchange of such products or reimbursement of the price or may issue a purchase voucher in favor of the Customer for an amount equal to the price of the defective or damaged products. Any other form of indemnity, reimbursement and compensation for any damage, including indirect and consequential damages, is excluded, except in the case of death or personal injury of the Customer, resulting from an act or omission of La Lupinella.
APPLICABLE LAW AND JURISDICTION - ADR PROCEDURE
All purchases made through the site: www.lalupinella.com and all matters that may arise from such purchases and/or from the use of said website are governed by Italian law.
In the event of any disputes between La Lupinella and the Customer arising and/or connected with the use of the website www.lalupinella.com, with the conclusion of a purchase or with the placing of an order through the aforementioned site, it will be competent in the Court of Florence has exclusive access, except as provided by the Legislative Decree. lgs. 206/05 as amended for Customers to whom this regulation is applicable, in which case the court of the Customer's domicile will be competent.
In any case, customers based in the European Union remain entitled to activate voluntary procedures for out-of-court settlement of the dispute (hereinafter "ADR procedures") by contacting specific bodies (hereinafter "ADR bodies") registered in the relevant list kept with the competent authority of each country, using the European ODR platform.
On the website: https://ec.europa.eu/consumers/odr all the information for submitting a complaint in order to start the ADR procedure via the ODR platform is reported and the list of ADR bodies that can be contacted for this procedure is shown.
Information regarding the functioning of the ADR procedure is reported on the website of each ADR body.
CHANGES TO THE GENERAL CONDITIONS OF SALE
La Lupinella has the right to modify the website www. lalupinella.com and/or these General Conditions of Sale.
Supplies will be governed by the General Conditions of Sale in force at the time the order is placed.
PROTECTIVE MEASURES
In relation to the technical protection measures of the website, please refer to the document called "Legal Notes" whose link can be found on the home page of the site.
GENERAL PROVISION
In the event that one or more of the clauses set out in these General Conditions of Sale were declared invalid, ineffective or inapplicable, this will not affect the validity, effectiveness and applicability of the other clauses.
