Premise
These general conditions for online sales govern the sale and purchase of products offered by:
La Luce di Marletta Salvatore & C. snc
Via Archimede No. 365
97100 RAGUSA (RG)
VAT Number and Tax Code 00696080886
via its internet website new.laluce.webfactional.com (henceforth referred to as “website”) to users of the website (the “customers” or the “customer”).
These General Conditions of Sale have as their object the definition of the rights and obligations of the parties within distance selling of goods offered on the online store new.laluce.webfactional.com, in accordance with current legislation on electronic commerce and distance contracts.
La Luce di Marletta Salvatore & C. snc is the official dealer of all brands on the site.
Company information:
La Luce di Marletta S. & C. SNC
Via Archimede 365
97100 Ragusa (RG) – Italy
VAT Number and Tax Code 00696080886
Tel: +39 0932 643 044 / Fax +39 0932 643 077
E-mail: shop@laluceragusa.it
The customer declares having read all the above information and General Conditions of Sale before placing an order.
1. Acceptance of General Conditions of Sale
The customer, by placing an order, unconditionally accepts and agrees to observe the general and payment conditions described below in all his dealings with La Luce di Marletta Salvatore & C. snc. He or she also declares having read and accepting all the stated information, in awareness that the application of any other clause is excluded unless the same has not previously been agreed in writing with La Luce di Marletta Salvatore & C. snc.
2. Supply coverage area
This version of the General Conditions of Sale refers to sales made to costumers having their domicile or residence in Italy and abroad.
3. Customer obligations
The General Conditions of Sale must be carefully examined by users of the laluceragusa.it store before placing an order, regardless of how it is carried out afterwards (phone, email, internet, etc.). The submission of the order confirmation implies the full knowledge of the General Conditions of Sale and their acceptance in full. The customer also undertakes to print and keep these General Conditions of Sale, examined and accepted during the entire purchase process, once the purchase procedure is concluded.
The Customer purchases products consulting the description and technical pages published on the online website and is therefore solely responsible for the product selection and suitability for purpose.
4. Products
It is the responsibility and obligation of the buyer to inquire about the specific compatibility of what they intend to purchase with their requirements.
The technical and functional characteristics of the products published by La Luce di Marletta Salvatore & C. snc on its own informational messages and descriptive internet pages of the articles are submitted by their respective manufacturers.
La Luce di Marletta Salvatore & C. snc is not responsible for the accuracy and completeness of such information. Product images are indicative and not binding.
The Products are not provided for sampling. Although the website may provide information regarding product characteristics, the customer is responsible for the choice of products ordered and their compliance and conformity with the specifications and requirements set by each manufacturer. Photographs and video presentation of the products added to the accompanying product descriptions are posted on the site as visual aids. Please be aware that the quality of the image, including an exact display of colours, may depend on software and IT tools used by the customer at the time of connection to the site. All products are new and sealed in their original packaging.
Under the OUTLET section, there may be products marked with the words PRODUCT ON DISPLAY. This indicates products that are displayed in our showroom, which benefit from a special discount. These products are not shipped in their original packaging but retain the guarantees of the products present in the other sections.
Accountability:
La Luce di Marletta Salvatore & C. snc is not responsible for any issues caused to the customer as a result of using the website or the technologies used as they are not depending on their will.
5. Prices
Unless otherwise indicated, the prices of products posted on the website of La Luce di Marletta Salvatore & C. snc are in Euro and include VAT. Shipping costs are excluded.
The purchase is made by the customer and is relevant to the products as shown and described on the online website in the relevant description and technical data sheets. Product images are indicative.
The price shown upon purchase is fixed and definitive. It does not include shipping costs, which will be billed separately and will be shown in the order confirmation.
For product delivery within the European Union, prices are inclusive of current Italian VAT. Prices published are therefore shown with VAT included.
For deliveries of products in the European Union, prices are inclusive of the VAT rate in force (in Italy) in the order. The published prices are therefore VAT inclusive.
No other customs tax or VAT will need to be paid for deliveries within the European Union. Any change in the applicable rate will have an impact on the selling price of the products in the catalogue.
For deliveries outside the European Union, the customer shall pay the relevant customs tax, VAT or other duties due for importation of the products into the country where they are to be delivered.
The associated formalities are the sole responsibility of the customer, unless otherwise indicated. The customer is solely responsible for verifying the possibility of importing the products ordered with respect to the law on the country territory.
6. Payments and Invoicing
Payment of the purchased products and their shipping costs shall be carried out by the customer in one of the following ways:
1 – PAY PAL, highly reliable service in all phases of the transaction process.
Pay Pal offers the possibility to pay with the most popular credit cards without any obligation to register on its platform and at no extra cost.
2 – Credit card
3 – Bank transfer with KLARNA Banking:
Pay with your normal online banking data, without any registration and without having to open virtual accounts (wallets). Safe: no saving confidential data access to home banking nor password. Secure payment form with encrypted data transmission.
For more information on the KLARNA Banking service click here.
4 – Ordinary Bank Transfer (the payment tools options will be further specified during the purchase process)
Payment by ordinary bank transfer (option 4) is subject to the following conditions:
The bank transfer must be received within 10 working days from the order. After that date the order is void. The goods will be dispatched only after verifying that the deposit was credited to our bank account.
The Products ordered remain the property of La Luce di Marletta Salvatore & C. snc until the final and in full payment of their price (in accordance with Article 1523 and following of the Civil Code.). La Luce di Marletta Salvatore & C. snc reserves the right to reclaim the ordered products in case of non-payment.
Should this be the case, and at the request of La Luce di Marletta Salvatore & C. snc, the Customer agrees to return any unpaid product, at the Customer’s expense.
Each product order submitted to laluceragusa.it constitutes a contractual agreement for the Customer. The order delivery by laluceragusa.it is equivalent to its confirmation and acceptance.
The tax documents relating to the Products ordered will be issued by La Luce di Marletta Salvatore & C. snc upon shipment of the Products to the Customer. The buyer agrees to provide exact data for the shipping and invoicing address; in case of misdirection through lack of such data any additional recovery and reshipment costs shall be charged to the buyer.
The tax records relating to the Products ordered will be issued by La Luce di Marletta Salvatore & C. snc upon shipment of Products to Customer.
If applicable, the customer undertakes to pay any customs duties, VAT or other taxes for the import of products into the countries where the delivery will take place directly to the courier or to the carrier.
7. Product delivery and order implementation
Products purchased will be delivered by La Luce di Marletta Salvatore & C. snc via courier or carrier, at the address indicated by the Customer as the destination address. The choice on the various shipping methods will be made by the Customer at the time of purchase.
For our shipping we rely on the services of qualified express couriers such as TNT or other specialist couriers to ensure service quality and the integrity of our Products.
The goods are properly packaged and travel on the behalf of and at the buyer’s risk from the time they are handed over to the carrier.
Upon delivery, the customer must verify the integrity of packages.
In the event of delays, damages, total or partial loss, the customer is entitled to appeal to the carrier. laluceragusa.it shall never be considered responsible.
laluceragusa.it therefore recommends that customers verify the products’ condition upon delivery, before signing for receipt of the packages. Once signed for acceptance, it will no longer be possible to dispute any damage or visual abnormalities observed on the products. Please be reminded that it is up to you to open the packaging if you see any packaging damage.
Should there be any product nonconformities, delivery of the products should be refused or they should be accepted but writing any detailed and dated reservations in the receipt. A copy shall be addressed to La Luce di Marletta Salvatore & C. snc, Via Archimede No. 365 RAGUSA (RG) – Italy.
Normally deliveries are made within 3/4 working days for Italy and 8/10 days for European destinations, only for products in stock.
Deliveries for products not available in stock will be within 1/8 weeks of receiving payment.
The terms of delivery indicated on the website, although carefully evaluated, are not binding for La Luce di Marletta Salvatore & C. snc, who can later confirm or change them, depending on actual requirements. Delivery times are given in working days.
Delivery times are indicative where there are no physical or structural impediments (e.g., incorrect addresses) or force majeure events such as strikes, natural disasters, problems with transport/delivery/manufacturing, fluctuations in exchange rates, governmental and/or regulation actions. If the force majeure event persists for more than two months compared to normal delivery times, each Party shall be entitled to withdraw from the contract without any compensation being due to the other party.
The delivery will be considered done from the moment the product is handed over to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will be proof of shipping and release of the goods.
In case of error inherent to the product, the Customer agrees to return said Product or Products to La Luce di Marletta Salvatore & C. snc within 7 (seven) days of receipt, provided they are returned in a closed package, in their original condition and packaging, with their accompanying documents.
Product delivery, unless otherwise specified, is always intended as at street level.
The customer accepts these conditions by purchasing.
8. Product availability
The stock definition on the virtual store is purely fictitious; it could happen that a purchased item is temporarily not available. In this case laluceragusa.it ensures smooth order processing by reserving the right to request the goods that are temporarily not present from their own suppliers. In this case the purchaser may not invoke the right of withdrawal due to non-immediate delivery, or late delivery compared to what is explicitly stated on the product page.
The customer accepts these conditions by purchasing.
9. Relocation of products in case of customer absence
In case of absence of the recipient during delivery, the carrier will leave a notice to the address indicated by the customer delivery. The products must be collected at the address and in the manner specified by the carrier.
If not collected within the period specified by the carrier, the products will be returned to La Luce di Marletta Salvatore & C. snc., who reserve the right to refund the price of the Products.
The shipping costs for returning the products to La Luce di Marletta Salvatore & C. snc will be charged to the customer.
10. Right to cancel
The customer has the right to cancel any distance contract without penalty and without giving any reason, within a period of 14 days (fourteen) days from the receipt of the Products. The period during which the right to cancel can be exercised shall expire 14 days after the Customer or a third party, other than the carrier and indicated by the Customer, acquires physical possession of the Goods.
To exercise the right to cancel, the Customer shall inform us in one of the following ways:
– By mail, sending a registered letter with return receipt to La Luce di Marletta Salvatore & C. snc Via Archimede No. 365 RAGUSA (RG) – Italy
– By fax at No. +39 0932 643077
– By e-mail: shop@laluceragusa.it
of the decision to cancel this contract by an unequivocal statement (e.g. letter, fax, email). To this end the attached “cancel form” can be used, but is not compulsory.
The customer may not exercise the right to cancel for contracts delivering any non-prefabricated goods on the basis of an individual choice of the customer, (the current provision of law states that the right to cancel does not apply for “goods made to an individual selection or clearly personalized”). For more information please contact Customer Service.
All returns must be authorized by Customer Service. The product must be returned in perfect condition and packed in its original packaging. It must not have been used, nor have suffered even minimal damage and be in resalable condition. Once the return has been authorised, the Customer can return the Product to the following address: La Luce di Marletta Salvatore & C. snc (Magazzino) Via Monti Iblei No. 32 Ragusa (RG) – Italy. Parcels with payment upon delivery shall not be accepted.
After receiving the Products (and verified their integrity) La Luce di Marletta Salvatore & C. snc will, as soon as possible, within a maximum of 30 days, refund the Customer the amounts paid, net of costs incurred.
Refunds will be made using the same means of payment used for the initial transaction, unless the customer has expressly agreed otherwise; in any case, he or she will not incur any fees as a result of such reimbursement.
If the payment was made by bank transfer the customer shall inform laluceragusa.it of their bank details.
Return expenses shall be paid entirely by the customer.
Following receipt, laluceragusa.it will check the goods for any damages or tampering (substantial integrity is an essential condition for exercising the right to cancel). In case of damage during transport of the goods being returned, the company will inform the customer (within 5 working days of receipt of goods in their warehouse), to enable them to file a timely complaint against the carrier of their choice and to obtain reimbursement of the value of the property (if insured); in this case the Product will be made available to the Customer for its return, at the same time revoking the request to cancel.
La Luce di Marletta Salvatore & C. snc is not responsible in any way for damage or theft/loss of goods returned with uninsured shipments. During the cooling-off period mentioned in Article 15, the Customer is responsible for the item as custodian. In case of damage or destruction of the Product in custody of the Customer, the right to cancel will cease.
Please note: All postage and packaging expenses for returning the goods are borne by the customer (according to art. 67, paragraph 3 of Legislative Decree no. 206 dated 06/09/05).
11. Replacement
Any replacement of parts that are defective or damaged during transport requires less or even the same time as production times, as they are almost always produced to order. The replacement procedure will begin upon receipt of photographic documentation produced by the client, which must be received in the immediate period following delivery. Any replacement products on order will not be carried out if the buyer seeks deviations from the colours and/or shades of fabrics, leather, metal, wood, glass or other materials published on the website.
We will nevertheless operate with the utmost speed in order to reduce waiting times.
12. Returning faulty or damaged goods
In the case of defective goods, they shall be returned to La Luce di Marletta Salvatore & C. snc within 7 days (seven) from their actual delivery.
Shipping and packaging expenses for the return shipment are borne by La Luce di Marletta Salvatore & C. snc. The defective goods will be replaced or refunded if it is not possible to replace it with the same product.
Should the Customer receive the packages visibly damaged by courier and/or carrier, (broken or visibly damaged packaging) proceed as follows:
– If multiple packages, only reject the damaged package back to the sender. We will then take care to contact the Customer and arrange a replacement and/or refund.
– If, on the other hand, it is a single package shipment, reject the shipment to the sender and as before we will then take care to contact the Customer and agree on the replacement and/or refund.
If the damaged product is out of stock, the customer will be contacted for a possible replacement with an available item of equal value and features or alternatively reimburse the sums paid.
13. Complaints
Complaints regarding non-compliance of the products or services delivered with the order must be received in writing directly to La Luce di Marletta Salvatore & C. snc, immediately after receiving the goods.
The customer must keep the original packaging and shipping documents.
14. Warranty – Technical assistance
La Luce di Marletta Salvatore & C. snc guarantees only the physical integrity of the products upon delivery.
Any defects covered by the La Luce di Marletta Salvatore & C. snc warranty must be immediately reported by the Customer, no later than 8 (eight) days from the delivery date, or the request shall be considered void. If La Luce di Marletta Salvatore & C. snc warranty applies, the Customer will be entitled to the replacement of the damaged products upon return of the same. The Customer’s right to compensation for any further damage is excluded. Shipping costs incurred for Product replacement shall be borne by La Luce di Marletta Salvatore & C. snc.
La Luce di Marletta Salvatore & C. snc does not provide any additional product guarantee than that provided by the individual Manufacturers.
Technical assistance and warranty work on products is carried out, where applicable, by the individual Manufacturers, according to the terms and conditions given in the documents provided with the Products. In particular, La Luce di Marletta Salvatore & C. snc does not give any guarantee about the compatibility of products with other products or equipment used by the Customer, or give any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
Beyond a case of fraud or gross negligence by La Luce di Marletta Salvatore & C. snc it is agreed from the start that, if La Luce di Marletta Salvatore & C. snc is found responsible in any way – including a case of default, in whole or in part, from the obligations taken on by La Luce di Marletta Salvatore & C. snc for the Customer following the execution of an order – the responsibility of La Luce di Marletta Salvatore & C. snc shall not exceed the price of the products purchased by the Customer and for which the dispute arose.
15. Personal Data Protection
La Luce di Marletta Salvatore & C. snc is the owner of the personal data collected when you register to the site, as well as any subsequently submitted at the time by the customer, except for the data relating to the payment procedure, for which please refer to the bank through which the transaction occurs. For information relating to the processing of personal data, including rights as per Article 7 of Legislative Decree No. 196/03, please refer to the detailed information already provided upon registration on the website new.laluce.webfactional.com
The customer accepts these conditions by purchasing and releases La Luce di Marletta Salvatore & C. snc from any liability or claim any legal action.
The customer accepts these conditions by purchasing and releases La Luce di Marletta Salvatore & C. snc from any liability.
16. Nominative information
The computerized processing of information, including management of users’ email addresses, is carried out in accordance with the law.
The nominative information requested from the Customer is essential for processing and forwarding of orders, the creation of invoices and any warranty contracts. To this end, such information will be communicated to the contractual partners of La Luce di Marletta Salvatore & C. snc.
The Customer may object to such communication and in accordance with the law pursue the right of access, modification, rectification and deletion of data concerning him or her, by contacting La Luce di Marletta Salvatore & C. snc. To avoid any attempt of fraud La Luce di Marletta Salvatore & C. snc may ask proof of your identity and your address.
17. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
18. Entire agreement
These general sales conditions are the entirety of the obligations of the parties.
No other general or specific condition communicated by the Customer may enter or be implemented outside of these general conditions.
19. Intellectual and industrial property
La Luce di Marletta Salvatore & C. snc informs that the website, as well as all trademarks and brands used in connection with the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden; should they occur in any form or for any purpose laluceragusa.it reserves the right to take legal action to protect these aspects.
20. Voidability
Should one or more provisions of these general conditions be deemed invalid or declared such in application of a law, regulation or following a final decision by a competent jurisdiction, the other provisions will retain all their force and their value.
21. Applicable law
This sales contract between the Customer and La Luce di Marletta Salvatore & C. snc is assumed as taking place in Italy and is thus governed by Italian law.
22. Jurisdiction
In the event of litigation and in the absence of an amicable settlement being reached between the parties, subject to any applicable mandatory provisions of consumer protection law (as defined under Article 1 Letter b) of Legislative Decree dated 22 May 1999 No. 185), any dispute concerning these General Terms and Conditions will be under the exclusive jurisdiction of the Court of Ragusa.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares having carefully read and understood the following clauses of these General Conditions of Sale: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22