Sales terms
The supply and sale of clothing and accessories on the shop.pierantoniogaspari.com website are governed by the following General Conditions of Sale.
The goods purchased on the shop.pierantoniogaspari.com website are produced and sold by Loma S.p.A. with registered office in Reggiolo (RE), Via G. Galilei, 12/14/16, VAT Reg. No. 01526270358 (hereinafter "Loma" or the "Vendor" or "we").
1. CONCLUSION OF THE SALES CONTRACT
1 - These general conditions of sale are an integral and essential part of the sales contract concluded with the customer. The order sent via the web by the customer implies the full knowledge of these General Conditions of Sale as well as their full acceptance. If the customer does not agree with one or more terms of these General Conditions of Sale, he/she shall abstain from making purchases on shop.pierantoniogaspari.com (the "Website").
2 - To proceed with the purchase of one or more products on the Website, the customer shall first of all register on the Website, in compliance with the applicable provisions concerning the protection of personal data, providing Loma with all the data required to allow the latter to process the orders received.
3 - To conclude the purchase contract on the Website, the customer shall send Loma his/her order in compliance with the procedure referred to on the Website. By sending the order via the web, the customer undertakes to pay the price indicated therein.
4 - When the customer places an order, he/she will receive an email from Loma containing the order confirmation and a summary of the order: the email shall in any case not constitute the automatic acceptance of the order.
5 - Loma reserves the right to refuse orders from customers with which there is an outstanding dispute about payment for a previous order.
2. SALES PRICES
1 - All the prices of the products displayed and indicated on the Website are inclusive of VAT and all other applicable sales taxes.
2 - Where foreseen, the cost of shipping and transport will be clearly indicated and displayed prior to completing the order.
3 - The prices of the products may be updated. The customer undertakes to ascertain the final sales price prior to submitting the order. For any obvious material errors concerning the prices published on the Website compared to the commonly known price of the chosen product, Loma shall have the right to not confirm the shipment and to proceed to immediately refund the amount paid by the customer without the customer raising any objections thereto.
3. METHODS OF DELIVERY
1 – The vendor will do everything in its power to process the orders within 5 days from the day following that on which the vendor accepted the order.
2 - The customer shall, on receipt, check the conformity of the goods delivered with the order placed; only after having checked the goods, and without prejudice to the right of withdrawal laid down in point 7 below, the customer shall sign the delivery receipt. In completing the personal detail sheet in the registration procedures, required for the execution of this contract and all relative correspondence, the customer authorizes Loma to notify his/her personal data (address, phone number) to the couriers and/or shipping companies used to deliver the purchased goods, in order to allow their delivery.
4. PAYMENT METHODS
1 - To pay the price of the goods and relative shipping and delivery charges, where foreseen, the customer may use one of the methods indicated in the order form. Under no circumstances will the customer be charged additional costs for the chosen method of payment.
2 - In the event of payment by credit card, the payment procedure takes place via a protected connection directly to the bank and the on-line payment service, to which Loma has no access. In particular, the financial information (such as, for example, the credit/debit card number or its expiry date) will be submitted, using a cyphered protocol, to the bank that supply the relative remote electronic payment services, without third parties being able to access them in any way. Furthermore, this information will never be used by Loma. The amount of the order will be charged at the time of the bank transaction, clearly without prejudice to the customer's right to be refunded the amount in the event of breach by the Vendor or non-performance of the contract for any reason whatsoever.
3 - The customer is solely responsible for all data provided, and guarantees the use of credit cards of which only he/she is an authorized user.
4 - If the customer has a credit card with PayPal activation, he/she could save an identification code here, which will avoid having to enter the details for future payments. In this case, the data provided will be collected by Loma in encrypted form and 0transmitted to PayPal.
5. RESPONSIBILITY
1 – The vendor shall not be liable for any disservice caused by force majeure, including but not limited to accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding or similar events which wholly or partly impede the performance of the contract within the agreed time.
2 – The vendor shall not be liable to any party or third parties concerning damage, losses or costs incurred due to the non-performance of the contract for the above-listed reasons, and the customer shall have the right to receive only the refund of the price paid.
3 - Equally, the vendor shall not be liable for the fraudulent or unlawful use by third parties of credit cards, checks or other means of payment used to pay for the purchased products. The vendor does not have access to the customer's credit card number at any time in the purchasing procedure, as the number is transmitted directly to the manager of the banking services.
4 - The essential characteristics of the products are presented on the Website in each product data sheet. The images and colors of the products on sale may however vary, due to the effect of the Internet browser and/or monitor used.
6. OBLIGATIONS OF THE CUSTOMER
1 - It is strictly forbidden for minors to place orders on the Website.
2 - The data entered when purchasing must exclusively be the user's actual personal data and not that of third parties, or invented data. Loma reserves the right to prosecute all breaches and abuse, in the interests of and to protect all consumers.
3 - The customer shall hold the vendor harmless of all liability deriving from the issue of incorrect tax documents due to errors in the data provided by the customer, who shall remain the only party responsible for the correct input of data.
7. RIGHT OF WITHDRAWAL OR REFUND
1 - The customer may exercise the right of withdrawal and return the goods received, without any penalties and without having to specify the reason, in compliance with the terms and methods indicated below.
2 - The customer may request to return goods by submitting to loma@loma.it an explicit declaration of his/her decision to withdraw from the contract - within fourteen (14) days from the date of receipt of the goods.
3 - Goods must be returned intact, unwashed, undamaged and bearing their bar-code labels and any other seals that are part of them; it is not possible to reimburse customers for goods that are returned incomplete, ruined, damaged, showing signs of wear or dirty.
4 - The goods the customer wishes to return must be delivered to the shipping agent within fourteen (14) days, starting from the date on which the customer notifies the Vendor of his/her decision to withdraw from the contract.
5 - The cost of returning the goods shall be borne by Loma on condition that the cause is attributable to the seller's error. In all other cases and if on the other hand the customer decides to return the goods using a different shipping agent, he/she shall bear the costs of shipment, including any liability in the event of loss or damage to the goods.
6 - On return of the goods, the Vendor shall check their conformity with the terms and conditions laid down in this paragraph.
7 - If the right of withdrawal is exercised in the methods and terms indicated in this paragraph, Loma shall refund the customer any amounts received for the purchase of the goods.
7.1 -The Seller generally processes the refund correctly using the same payment method used by the customer to purchase the returned products, including a virtual and/or disposable credit card. For legal reasons, the Seller cannot credit the amount of a refund to a credit card different from that used for the purchase, unless the credit card in question has expired in the meantime: in this case the customer should send an email to loma@loma.it to arrange the most appropriate refund method.
8 - The Vendor shall arrange for the refund within fourteen (14) days from the date on which the Vendor was informed of the exercise of the right of withdrawal, having checked the conformity of the withdrawal procedure and the returned goods.
8. APPLICABLE LAW AND JURISDICTION
1 - All disputes over the application, performance, interpretation or breach of the purchase contracts concluded on the website shop.pierantoniogaspari.com are governed by Italian law; where not explicitly laid down therein, these general conditions shall refer to the provisions of the Italian Civil Code and Italian Legislative Decree (D.Lgs.) 205/06 ("Consumer Code").
2 - Any disputes between the parties concerning this contract shall be referred to the courts in the place of domicile of the consumer; all other disputes shall be referred to the exclusive jurisdiction of the courts of Mantova.
3 - In case of disputes between the Seller and the customer arising from the General Terms and Conditions of Sale, please note that the European Commission provides a platform for the alternative out-of-court settlement of the same, which can be accessed on the website http://ec.europa.eu/odr.
9. AMENDMENTS AND UPDATES
1 - Loma reserves the right to alter this Website, its policies and these General Conditions of Sale at any time, in order to offer new products and services, or to comply with legal or regulatory provisions. Customers accessing the Website and submitting an order shall comply with the policies and terms of the General Conditions of Sale in force at the time of placing the order, unless such amendments have retroactive effect pursuant to the applicable law (in this case, they may also apply to orders the customer has placed previously). Should any of the provisions of these Conditions of Sale be deemed invalid or void or for any reason inapplicable, the condition shall not prejudice the validity and effectiveness of all other provisions.
