General terms and conditions of sale
These general conditions of sale (hereinafter “General Conditions”) apply to all sales (hereinafter: “Services” or “Service”) concluded remotely by the company Lucilla di Albanese Sabrina through the corporate website www.lucillaplace. it
The goods subject to these general conditions are offered for sale by the company Lucilla of Albanese Sabrina, with headquarters in Via Portugal, 5 – 65015 Montesilvano (PE), VAT number 02148370683
1.1. The term “online sales contract” means the sales contract relating to the products offered by the Supplier, stipulated between them and the Buyer as part of a remote sales system through telematic tools, organized by the Supplier.
1.2. The term “Buyer” means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression “Supplier” means the company Lucilla of Albanese Sabrina, as reported in point 1.1.
2. Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser remotely purchases the products indicated and offered for sale on the website www.lucillaplace.it via telematic tools
3. Acceptance of the general conditions of sale and regulatory references
3.1. All purchases of products made through the site by users who access it (hereinafter referred to as Buyers) are governed by these Conditions of Sale, by the Consumer Code (Legislative Decree No. 206/2005, which regulates the sale at a distance, from the rules on electronic commerce (D.LGS.70 / 2003).
3.2. The buyer declares to purchase the products for purposes that are not related to any commercial or professional activity carried out.
3.3. The Buyer is required to carefully read the General Conditions of Sale and to print a copy and / or store them on a durable medium
3.4. The Supplier may modify, at any time and without notice, the General Conditions published on the site.
3.5. Normative requirements:
Dlg. 09/04/2003 n. 70 – Electronic commerce
Dlg. 21/02/2014 n.21 – Withdrawal
Dlg. 09/06/2005, n. 206 – Consumer Code, Articles 45-68
4.1. The site www.lucillaplace.it has as its object the sale of interior lighting items. For each product offered there is a detailed description and an image that corresponds to the visual representation of the product. However, we must specify that sometimes the colors of the finishes and the effects of the shades may be slightly different from the product received, due to the different chromatic performance of digital media (screen, navigation software, etc.).
The products offered on the site are handcrafted products, so there may also be some small differences in color or size that do not affect the quality of the product in any way. In addition, the company may make slight changes to the product in order to improve its aesthetics and / or safety. Such changes will be promptly reported in the documentation on the website.
5. Methods of stipulating the contract.
5.1. According to the provisions of the Legislative Decree 9.04.2003, n.70, the purchase contract will be finalized through the following procedure:
a. The buyer must fill in the order form on the site exactly, which will specify the selected products. The site will generate a printable order summary page, which shows the details of the buyer, the price of the products purchased, the shipping costs and any additional charges, the methods and terms of payment, the delivery address of the product, delivery times.
b. The buyer will confirm the order summary which will automatically be sent to the Supplier via e-mail. The Supplier, in turn, having read the order, will send the buyer a confirmation e-mail with the order number as the subject and the copy of the order as content, including references to products, expense, to the personal and fiscal data of the buyer, to the payment and shipping methods chosen.
c. The purchase contract is considered perfected and effective between the parties when the buyer will receive the aforementioned confirmation via e-mail of the receipt of the order by the Supplier. In the absence of such confirmation, the contract is not considered perfected and effective between the parties, and, therefore, no damage or compensation may be requested by the Buyer
d. It is possible to place an order by telephone, after sending an e-mail to [email protected] in which the customer specifies, in addition to the telephone number, the time in which he can be contacted by us to place the order. At the end of the telephone order, the Supplier will send a confirmation e-mail to the Buyer, according to the procedure expressed in points b. and c. above.
6.1. The sales prices of the products displayed and indicated on the website www.lucillaplace.it are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
6.2. the sales prices, referred to in the previous point, include VAT and any other taxes, with the exception of customs duties and accessories applied by the country of destination of the products, where different from the Italian one.
Shipping costs and any additional charges, if any, going to make up the total of the order must be clearly indicated and calculated within the purchase procedure before finalizing the order by the buyer and also contained in the page summary of the order placed.
6.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog. In the case of offers or promotions, their duration will be clearly indicated on the site and the promotional / discounted prices will be present on the same no later than the indicated time frame.
7. Payment methods
7.1. Payment by the Buyer can be made by means of one of the methods indicated on the site: via Paypal (using a Paypal account or credit card) or by bank transfer.
7.2. To proceed with the purchase of products costing more than € 29,000, please contact us, in the same product sheet, in order to agree on customized payment methods and then proceed with the order.
7.3. Any refunds to the Buyer will be credited through one of the methods proposed by the supplier and chosen by the Buyer.
7.4. In the event of withdrawal, the refund will be made within 30 days from the date on which the Supplier became aware of the withdrawal.
7.5. All payments made online will be processed by the Paypal circuit, ensuring maximum security for each transaction in relation to the protection of the data necessary for the finalization of the transaction.
8. Shipping costs
For all shipments made in Italy, the shipping costs are at our expense for orders over € 100.00, while a fee of € 15.00 will be charged for shipping orders with an amount less than € 100, 00.
9. Delivery times
9.1. The Supplier will deliver in the manner chosen by the Buyer to the address indicated by the Buyer at the time of finalizing the order.
9.2. The products offered on the site are handcrafted and made to order. For this reason, production and delivery times are longer than those of mass-produced products available on other online sales circuits. Deliveries are usually made within twenty working days (excluding Saturdays, Sundays and holidays) starting from the confirmation of the order, while for more complex products, times can be up to 60 working days. Delivery times are indicated in the purchase order confirmation.
9.3. If the Supplier cannot ship by the date indicated, he will notify the Buyer by e-mail.
9.4. Delivery will be made by courier, as indicated in the order summary. The Supplier will notify the Purchaser by e-mail of the delivery of the products to the chosen courier.
9.5. deliveries are made from Monday to Friday, during the usual office hours, excluding national holidays. Delivery is understood to be made when the product is delivered to the address specified by the Buyer.
9.6. In the absence of the recipient at the address indicated, the courier will leave a notification of non-delivery in the mailbox. The goods will therefore go into storage at a warehouse managed by the courier, who will communicate the details for collection at the warehouse where the goods are located. After 5 days, if the package has not yet been collected by the customer, it will be returned to the sender.
After thirty days from the date on which the product was returned to the Supplier, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code The Supplier will refund the amount paid net of return costs and storage costs.
9.7. Upon delivery of the product by the courier, the Buyer is required to carefully check that the packaging is not damaged, that the number of packages corresponds to that indicated in the transport document. In the event that the Purchaser detects signs of tampering or damage to the packaging, or the mismatch in the number of packages, the Purchaser can refuse delivery or accept it subject to control, promptly informing the Supplier.
10.1. If the ordered product is no longer available, the Supplier will immediately notify the Buyer by e-mail and cancel the order. Any amount paid by the Buyer will be refunded within thirty days of receipt of the order. The refund will be made with the same method used for the payment (credit card or bank transfer).
11. Obligations and limitations of liability of the Supplier
11.1. The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that he is unable to execute the order within the time stipulated in the contract.
11.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
11.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any accessory charges incurred.
11.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if he proves that he has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
11.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
11.6. The Supplier is not responsible for damages, of any nature, deriving from improper use or installation of the product and / or not in compliance with the instruction manual provided.
12. Guarantees and methods of assistance
12.1. The Supplier declares that the products offered on the site comply with the provisions of Italian and EU legislation. The products are delivered to the Buyer without defects.
12.2. The buyer is required to check, upon delivery of the product, that the latter corresponds to what was ordered and that it is free from defects.
12.3. According to the provisions of Article 130 of the Consumer Code, the Supplier is liable for any lack of conformity that occurs within two years of delivery of the goods.
12.4. The Buyer loses all rights if he does not report the lack of conformity to the seller. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
12.5. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
12.6. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
12.7. The request must be sent in writing, by registered mail with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven days. working from receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
12.8. If the repair and replacement are impossible or excessively onerous, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate price reduction or termination of the contract. In this case, the Buyer will have to send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
12.9. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer’s responsibility to indicate how to re-credit the sums previously paid to the Supplier.
12.10. As reported in Article 4, sometimes the colors of the finishes and the effects of the shades may be slightly different from the product received, due to the different color performance of the digital media (screen, navigation software ect).
The products offered on the site are handcrafted products, so there may be some small differences in color or size that do not affect the quality of the product in any way.
13. Obligations of the Buyer
13.1. The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
13.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
13.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as per the explicit confirmation requested at the time of finalizing the order.
14. Right of withdrawal
14.1. The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good, provided that the Purchaser is a Consumer. The Consumer is the natural person who buys on the site for purposes not related to any commercial, entrepreneurial or professional activity carried out.
14.2. The right of withdrawal does not apply if the Buyer has a VAT number and proceeds with the purchase as a company or professional (exclusively for purposes not related to the further marketing of the products).
14.3. The right of withdrawal cannot be applied to customized objects according to explicit customer directives.
14.4. If the Purchaser decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt sent to the address Lucilla in Albanese Sabrina – Via Portugal, 5 – 65015 Montesilvano (PE) or by e-mail by sending communication by e-mail to [email protected] provided that such communication is confirmed by sending a registered letter with return receipt forwarded to the address Lucilla di Albanese Sabrina – Via Portugal, 5 – 65015 Montesilvano (PE) within 48 ( forty eight) following hours or by certified e-mail sent to the e-mail address [email protected]
For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that the same terms. The delivery date to the post office or forwarder will be valid between the parties.
14.5. The return of the goods must in any case take place at the latest within 20 (twenty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
14.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to take charge of them with explicit communication.
14.7. The Supplier will reimburse the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
14.8. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
15. Causes for Termination
15.1. The Supplier has the right to terminate the stipulated contract by simply communicating it to the Buyer with adequate reasons. The buyer will only be entitled to a refund of any sum already paid.
15.2. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 7.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 8, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.
16. Protection of confidentiality and processing of the Buyer’s data
17. Method of archiving the contract
17.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself, according to criteria of confidentiality and security.
18. Communications and complaints
18.1. All written communications directed to the Supplier and any complaints will be considered valid only if sent by registered letter to the following address: Lucilla di Albanese Sabrina – Via Portugal, 5 – 65015 Montesilvano (PE), or where sent by e-mail to the following address : [email protected]
The Buyer indicates in the registration form his residence or domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent
19. Settlement of disputes
19.1. All disputes arising from this contract will be devolved to a conciliation attempt at the Mediation Body of the Pescara Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.
19.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer’s place of residence or domicile of choice, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
20. Applicable law and reference
20.1. This contract is regulated by the Italian law.
20.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
20.3. Pursuant to art. 60 cod. cons., the discipline contained in Part III, Title III, Chapter I cod. cons.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
THE FINALIZATION OF THE ORDER MADE ON THIS SITE BY THE CUSTOMER IMPLIES THE ACCEPTANCE – EXPRESSLY REQUIRED IN THE SAME PROCESS OF FINALIZATION OF THE ORDER – OF ALL THE CONDITIONS INDICATED ABOVE.