Luisa Spagnoli S.p.a. General Conditions of Sale
These general conditions of sale (hereinafter, the “General conditions”) apply to purchases made on the Luisa Spagnoli S.p.a. website (hereinafter, the “Website”). Luisa Spagnoli S.p.a. (hereinafter, the “Seller”) has its le-gal headquarters in Italy, at Strada Santa Lucia 71, Perugia (06125); with tax code and VAT No. 02742760454 and Economic and Administrative In-dex no. 238003.
These general Conditions and any changes made to them can be read and, therefore, become effective with regard to the users of the Website (here-inafter, the “Customers”) when they are published on its pages. By sending an offer to purchase (hereinafter, an “Order”), Customers confirm that they have read, understood and accepted them in full, along with the Web-site’s privacy-related information (hereinafter, the “Privacy policy”) re-garding the processing of their personal data.
1. The parties
1.1. Purchases of products (hereinafter, the “Products”) made on the Web-site are agreed upon between Luisa Spagnoli S.p.a. and a natural person acting outside their business, trade, craft or profession in the role of buyer (hereinafter, always referred to as the “Customer” or “Consumer”). The Seller and the Customer may each hereinafter also be referred to as a “Party” or, jointly, as the “Parties”.
1.2. To place an Order on the Website, the Customer must have the capaci-ty to enter into a binding agreement in accordance with the law which ap-plies to the contract formed with the Seller. By placing the Order, the Cus-tomer confirms that they meet this requirement
2. Order Fulfilment
It is not necessary to be registered in order to shop on the Luisa Spagnoli S.p.a. Website.
Customers place an Order by selecting the Products they wish to buy; add-ing them to their cart; paying the price and sending the order to the Seller by clicking the "Accept and pay” button [or the equivalent]. By clicking the “Accept and pay” button, the Customer declares awareness that the Order he/she is placing entails a payment. The procedure allows for any errors to be checked and corrected before placing the order, using the "back” function.
The contract between the parties is finalised and the Order accepted by the Seller only when the Customer receives confirmation to his/her email address that his/her offer has been accepted (hereinafter, the “Order Confirmation”), which shall also contain a summary of all the relevant details of the purchased Products.
The Seller reserves the right to accept or refuse the Customer’s Order, including in part, by communicating this to the email address indicated by him/her. Specifically, if one or more of the Products contained in the Order placed by the Customer is unavailable, he/she will be informed of this via email. In this case, the Order will either not be accepted by the Seller or will be limited to the available Products. In the event of a partial acceptance, the Customer shall only pay the price for the available Products, which will be charged using his/her chosen payment method.
The Order Confirmation shall contain a summary of the essential characteristics of the Products purchased, a detailed indication of prices and payment methods, information on delivery costs (if any) and other applicable fees and costs, conditions and procedures for exercising the right to withdraw, and a link to these General Conditions.
After the Customer has received the Order Confirmation, the Order can no longer be cancelled or altered. Product returns must be made in accordance with the procedure set out for withdrawal from the contract and the return of Products (hereinafter, the “Return” or “Returns”).
3. Payment: price and shipping costs
he prices published on the website are expressed in Euro (EUR), US Dollars (USD), British Pounds (GBP) or Złoty (PLN) depending on the country in which the Customer is making the purchase and include taxes and duties as well as customs fees (hereinafter, the “Price” or “Prices”), unless otherwise indicated during checkout as a result of local regulations in the destination country.
The delivery costs (hereinafter, the “Costs”), in cases where they are borne by the Customer, shall be displayed separately in the Order.
The Customer can pay the Costs and the Price indicated in the Order Confirmation using all main credit and debit cards or by PayPal, as well as by sending a bank transfer (hereinafter, “Payment Methods”) or by cash on delivery, depending on the instructions given during the checkout stage of the purchasing procedure. The option to pay by bank transfer or cash on delivery may depend on the country where the purchase is made, or the type of delivery chosen by the Customer. The availability of cash on delivery as a payment method and the related cost is indicated during the checkout stage.
If cash on delivery is chosen as the payment method, the Price must be paid to the courier in cash and in the exact amount owed.
In some countries, the Customer has the option of using KLARNA as a payment method. If he/she chooses to create a KLARNA account and to pay for the Seller’s Products using this payment method, KLARNA’s own general contractual conditions shall apply, which he/she must read and accept. Luisa Spagnoli S.p.a. is in no way liable in relation to the use of KLARNA as a payment method, and is not a party to the contract entered into by the Customer with KLARNA. Moreover, the Customer shall provide his/her personal data to KLARNA, which shall process them as an autonomous data controller and in accordance with the indications of its own privacy policy.
The Price shall be charged using the Payment Methods upon the shipment (hereinafter, the “Shipment”) of the purchased Products.
The Price shall be charged using the Payment Methods chosen by the Customer only after the necessary security checks and controls have been con-ducted, and the Seller has confirmed the availability of the Products.
No charge will be made through the Payment Methods at the time when the Customer places the Order, with the exception of a temporary charge which may be necessary to check the validity of the payment method. This temporary charge will be cancelled following the shipment of the Order, and replaced with a charge matching the amount owed by the Customer. The temporary charge shall also be cancelled in the event that the Order is rejected by the Seller due to the unavailability of the Products.
If payment is made by credit or debit card, the Customer shall be directed to a protected website and the card details shall be provided directly to the financial operator (hereinafter, the “Operator”) which manages payments on behalf of the Seller. The data shall be securely transmitted through an SSL (Secure Socket Layer) encrypted connection. These data are not processed by the Seller, nor does the Website process any financial information belonging to the Customer. Such processing takes place exclusively on the site of and under the responsibility of the Operator which manages the payments.
Payments via bank transfer are managed through KLARNA’s online banking service, SOFORT, which is supported by leading banks. This payment method can be selected when finalising the Order. The Customer will be redirected to their own bank account through SOFORT Banking to carry out the payment. The Seller has no access to and does not process the Customer’s financial and banking data.
All costs and fees (including any commissions) associated with the bank transfer with which the Customer may be charged by his/her bank, on a case-by-case basis, shall be borne exclusively by him/her.
For each Order Confirmation, the Seller shall issue a dedicated in-voice/receipt which will be sent to the Customer. The invoice/receipt shall be issued based on the information provided by the Customer when placing the Order. No alterations can be made to the invoice after it is issued.
4. Product delivery and pick-up in boutiques
All products are delivered to the address indicated by the Customer, by the courier DHL.
In Italy, the Products purchased on the Website shall be delivered within 1-2 working days following the Order Confirmation. For the islands and Calabria, we estimate that delivery will take one additional working day.
Within the countries of the European Union, delivery shall take place with-in 2-3 working days for the standard delivery service, and in 1-2 working days for the express service, where available.
For all other destinations, delivery shall take place within 5 working days for the standard service and 2 working days for the express service, where available.
Times may be longer for deliveries to countries which require customs clearance procedures, as Luisa Spagnoli S.p.a. has no control over this. In any case, deliveries shall be made no later than 30 days following the Order Confirmation.
Upon shipment, the Customer shall receive an email indicating the tracking number he/she can use to monitor the Shipment.
Not all of the Seller’s Products can be delivered everywhere (because of restrictions which may be imposed by the destination country). In any case, the checkout procedure will not allow an Order to be sent if the Seller can-not deliver the Product to the address indicated by the Customer.
The Products listed in the Order Confirmation may, in exceptional cases, be delivered in separate Shipments and on different dates.
Upon delivery, the Customer must check that the number of parcels received is correct and that the packaging and seals are intact, undamaged, and not wet or altered in any way. In the event of any damage to the packaging and/or to the Products, or if the number of parcels is incorrect, the Customer must immediately raise a complaint with the courier (DHL), making a note when signing the delivery slip and then contacting the Sell-er’s customer service.
If the Customer signs the courier’s delivery slip without noting any issues, he/she will not be able to lodge any complaints regarding the external conditions of the parcel delivered. This is without prejudice to complaints regarding the Products contained within.
The risk of loss or damage to the Products shall pass to the Customer when he/she (or a third party designated by him/her, other than the courier) ac-quires physical possession of the Products.
When checking out, the Customer can choose to have the Products purchased delivered to one of the Luisa Spagnoli boutiques (hereinafter, the “Boutiques”), selecting the most convenient one for him/her from those available for deliveries. Delivery to the Boutiques is always free of charge.
When the Product becomes available for pick-up (hereinafter, “Pick-up”) at the chosen Boutique, the Customer shall receive an email informing him/her of this.
In order to pick up the Product, Customers must visit the Boutique in per-son or delegate another person for the task, who must be in possession of a copy of the Order Confirmation, as well as a copy of their own ID document and of that of the Customer.
If 15 (fifteen) days pass and the Customer has not picked the Products up from the Boutique, the Order Confirmation shall be cancelled and the amount paid by the Customer shall be refunded to him/her by crediting the same Payment Method used when placing the Order.
5. Right to withdraw and returns policy
Customers may exercise their right to withdraw from the contract (herein-after, “Withdrawal”) within 20 (twenty) days of the Order Confirmation, without having to pay any amount or penalty and without providing an explanation.
In the event that the Products listed in the Order Confirmation have been delivered in separate Shipments and on different dates, the time frame within which Withdrawal is possible begins from the final Delivery.
The right to withdraw is exercised through the specific returns procedure available online. After receiving the Seller’s authorisation to return products via email, the Customer can book the pick-up using the website of the courier, DHL.
When returning Products, Customers must exclusively use the courier DHL, which has been chosen by the Seller, and must include the prepaid label provided by the Seller.
Returns are free of charge.
Products must be returned intact and undamaged, with their labels still attached and in their original packaging, with no signs of use. No refund will be issued in the event that the Products and/or the labels and/or the packaging containing them have been removed and/or damaged. The Cus-tomer is also responsible for any decrease in the value of the Product resulting from any handling or use thereof which is not necessary to deter-mine its nature, characteristics and functioning.
The Seller shall fully refund the Price paid by the Customer, including any delivery costs he/she may have paid (hereinafter, the “Refund”), within 14 (fourteen) days of receiving the Products at the Seller’s premises. This Re-fund will be issued by the Seller using the same Payment Method used by the Customer to place the Order.
Where payment took place via cash on delivery, the Customer will be asked for their bank details in order to issue the Refund.
Products purchased on the Website can also be returned to one of the Luisa Spagnoli Boutiques offering that service within the limit of 20 (twenty) days. At the Boutiques, Refunds will be issued using the same Payment Method used when placing the Order or, at the Customer’s request, by is-suing a voucher to be spent exclusively in Luisa Spagnoli Boutiques.
Returns to the Boutiques must be made in person or through another per-son delegated for the task, with the same requirements indicated for Product Delivery.
6. Seller’s guarantee of conformity
The Seller is obliged by law to accept all liability for inherent defects in the Products sold on the Website (hereinafter, the “Guarantee”).
In the event that the Products sold on the Website show non-conformities, the Customer must contact customer care by sending an email to ec-are@luisaspagnoli.com. The Customer must receive authorisation from customer care before proceeding to return the Products. In order to verify the non-conformity of the Product, customer care may ask the Customer for photographs or other evidence. In any case, mere activation of the procedure for non-conformities and receipt of the products by the Seller does not constitute acknowledgement of any actual defects until they are spe-cifically confirmed by the Seller in writing.
The Customer has the right to have the Product restored to complete conformity by having it repaired or replaced, at no cost to him/herself. In the event that repair is objectively impossible or excessively difficult, and re-placement is impossible due to the unavailability of the Product, the Customer may ask for a Refund or Price reduction in the appropriate amount. Claims regarding alleged non-conformities must, by law, be made within 26 (twenty-six) months of the date when the Products were delivered to the Customer.
In the event that the Customer requests the repair or replacement of Products due to an alleged non-conformity, the delivery costs for the return of the Products to be repaired or replaced, as well as all costs to have the re-paired or replaced Products returned to the Customer, are borne entirely by the Seller.
No guarantee shall apply and the Seller shall bear no liability in cases where the Product was used and/or washed without observing the instruc-tions that came with it, i.e. in the information leaflets of reference, tags or labels.
7. Changes to the General Conditions and prices
The Seller reserves the right to alter these General Conditions and the Prices of the products at any time. Any changes made shall be effective as of the date of their publication on the Website and shall apply exclusively to Orders placed following said publication.
8. Applicable legislation and disputes
These General Conditions and contracts with Customers are governed by Italian law, or by other applicable laws (such as specific laws protecting consumers in their countries of residence) in cases where such laws clearly prevail over Italian law.
Disputes arising over the interpretation, validity and/or implementation of these General Conditions shall be referred to the jurisdiction and competence of the court of the Customer’s place of permanent or habitual residence, where these clearly prevail over Italian jurisdiction and the competence of the Court of Perugia.
Customers may also choose to use the platform for out-of-court dispute resolution provided by the European Commission, present at the website http://ec.europa.eu/odr
9. Contact
Luisa Spagnoli S.p.a., with headquarters at Strada S. Lucia, 71, Perugia, Italy. ecare@luisaspagnoli.com
10. Intellectual property rights
The Customer acknowledges that all brands and names, as well as all distinctive signs, company names, images, drawings, photographs, written texts or graphics used and published on the Website are the exclusive property of Luisa Spagnoli S.p.a. and/or its assignees, with no right in relation to such elements being granted to the Customer as a result of access-ing the Website and/or purchasing the Products.
It is forbidden to reproduce, alter, distribute or use the contents of the Luisa Spagnoli S.p.a. Website, in any form and for any purpose, in whole or in part.
11. Personal Data
In order to be able to register, send Orders and enter into a contract with the Seller, Customers must provide their personal data. They hereby acknowledge that the personal data provided shall be recorded and used by the Seller in accordance with the legislation regarding the protection of personal data, as per European Regulation 2016/679 (the GDPR) and Ital-ian Legislative Decree 196/2003 (the Privacy Code), in order to fulfil the Orders made by the Customer on the Website and carry out all resulting activities. With the Customer’s consent, the Seller may carry out the addi-tional processing activities indicated in the dedicated Privacy Policy available on its Website.
The Customer declares that the data provided to the Seller during the pro-cess of registering and purchasing Products are correct and truthful, and undertakes to keep them up to date.
