The goods covered by these general conditions are offered for sale by LAVATELLI S.r.l., in the person of the legal representative pro tempore, based in Turin, Strada del Francese n. 85, tax code and VAT number 10187460018, hereinafter referred to as the "Seller".
1.1 The expression "online sales contract" or "agreement" means the sales contract relating to the Seller's tangible movable property, entered into between the latter and the Buyer within the context of a distance selling system using telematic tools, organized by the Seller.
1.2 The expression "Buyer" means the natural person who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3 The term "Seller" means the person identified above who sells the goods through the website indicated in the following article.
2.1 With this contract, the Seller sells and the Buyer remotely purchases, via telematic tools, the tangible movable property presented and offered for sale on the site https://www.lavatelli.com/
2.2. The products referred to in the previous point are shown, with specific and detailed indication of their characteristics, in the dedicated section within the web portal accessible at the address: https://www.lavatelli.com/
3.1 The contract between the Seller and the Buyer is concluded exclusively via the Internet in remote telematic mode, by accessing the Buyer to the web address https://www.lavatelli.com/, where following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2.1 of the previous article.
3.2 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will communicate it through the pages of the Website https://www.lavatelli.com/ and such updates/modifications and/or additions will be effective for future purchases.
3.3 These general conditions of sale must be examined "online" by the Purchaser, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.
3.4 Acceptance of the conditions of sale must be demonstrated by the timely completion of the registration form by the Purchaser - whose personal data is processed according to the methods indicated in the Information on the processing of personal data following acceptance of the "Terms and conditions of sale” and sending the purchase form filled in by the system after inserting the selected products in the electronic shopping cart. Before definitively sending the order, the Purchaser will be invited to check the contents of the cart, with a summary of the same which shows the details of the orderer and of the order, the price of the selected goods, any shipping costs and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered and the acceptance of the order. Once the delivery address has been confirmed in the appropriate pop-up, it will not be possible to change it.
3.5 The Purchaser, by confirming the order by clicking on "Complete the order", declares to have knowingly accepted the content and conditions of the order in question and, in particular, these General Conditions of Sale, the prices, volumes, the characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser, as well as the payment conditions, declaring that he has read and accepted all the information provided by him in accordance with the aforementioned regulations, also acknowledging that the Seller does not consider itself bound to different conditions unless previously agreed in writing.
3.6 When the Seller receives the order from the Buyer, he sends an order confirmation e-mail or displays a web page confirming and summarizing the order, which also shows the data referred to in point 3.4. The confirmation email therefore indicates: the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.
4.1 The products, prices and conditions of sale on the Site - within the limits of their availability - do not constitute an offer to the public for the consumer; therefore, they must always be considered indicative and subject to express confirmation via e-mail from the Seller after payment has been made, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the Website https://www.lavatelli.com/ are indicated in Euros and are the prices in force at the time the order is sent by the Purchaser. The Seller may change the selling prices of the products at any time and without notice. This change will in any case be notified to the Purchaser before sending any Order.
4.3 Product prices include VAT, but do not include shipping costs. Shipping costs vary according to the shipping method and destination selected by the Buyer when placing the order and are displayed in the order summary before the Buyer requests confirmation of the order.
4.4 The receipt of the order does not bind the Seller until the same has sent the payment confirmation email indicating the order number as indicated in point 3.6.
4.5 The Purchaser expressly gives the Seller the right to accept even only partially the order placed (for example in the event that there is not the availability of all the products ordered). In this case, the contract will be considered finalized in relation to the goods actually sold.
4.6 With the acceptance of these contractual conditions, the Purchaser expressly declares to make the purchase for purposes unrelated to any commercial or professional activity exercised.
5.1 The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, the formal order confirmation, with a communication ("Order Fulfillment Confirmation E-mail"). The Contract is concluded in the place where the Seller's registered office is located.
5.2 The order can no longer be canceled when, whatever the payment method, the "conclude order" button has been clicked. Once this phase has been completed, the return can only be made once the package has been received in the manner indicated in point 12.
6.1 The Seller will deliver the selected and ordered products, according to the methods chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 3.6.
6.2 Shipping times may vary from the day following that of the order to a maximum of 30 (thirty) days from confirmation of the same, as required by current legislation. In the event that the Seller is unable, for whatever reason, to carry out the shipment within this period, he will promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase procedure. Here is the link for information regarding shipping to Italy and European countries: https://www.lavatelli.com/shipments
6.3 At the time of delivery, the Purchaser is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing tapes if present. If the goods received do not correspond to the order placed or the ordered products are absent, the Purchaser must report this discrepancy within 5 (five) days of receipt of the package by contacting the Seller directly by filling in the appropriate customer service form (https://www.lavatelli.com/contacts). The Seller may request appropriate descriptions and evidence to prove the discrepancy (e.g. photographs) and give a positive feedback from the Customer where it finds that the discrepancy is real and not attributable to the Customer. A partial return may also occur which concerns only the products shipped incorrectly, provided that they are intact and with the relative seals. If the Buyer requests the return of the product sent incorrectly and the shipment of the correct one and the latter is not currently available, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.
6.4 In the event that the delivered goods present any damage presumably caused by transport, the Purchaser may refuse delivery and immediately notify the Seller, who will make the necessary complaints to the shipper, arranging for a new shipment once the redelivery of the disputed goods.
6.5 In the event that the Purchaser still decides to accept the delivered goods, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his rights he will have to contest the unsuitability of the package with the courier, affixing the writing "RESERVE OF GOODS CHECK DUE TO ...” (indicating the reason for the reservation in question) on the delivery document, of which he will have to keep a copy, to then proceed to immediately notify the Seller.
7.1. All the sales prices of the products are indicated on the web address https://www.lavatelli.com/ or other page available on the website, are expressed in Euros.
7.2 The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any accessory charges, if any, while not included in the purchase price, are indicated and calculated in the purchase procedure before the Buyer forwards the order and contained in the summary web page of the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3 The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen for his Order when sending the order. Payment methods provided:Credit card
7.4 All Orders are payable in Euros, taxes and mandatory contributions included. Any bank charges will be borne exclusively by the Purchaser (even in the event of a refund).
7.5 The ownership of the products ordered will remain with the Seller until the entire amount for the order, including shipping costs, taxes and other mandatory contributions (where applicable) are fully paid by the Buyer. If, for whatever reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the civil code The Customer will be informed by automatic e-mail communication.
7.6 The communications relating to the payment and the data communicated by the Customer when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
8.1 The Seller ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose it indicates with updates as fast as possible, in its electronic catalogue, the products available and those not available.
8.2 If an order exceeds the available quantity, the goods not available at the time of the order will be automatically removed from the cart.
8.3 The Seller's computer system will confirm the order's registration as soon as possible by forwarding a summary email to the Buyer, pursuant to point 3.6.
9.1 The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances.
9.2 The Seller cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9.3 In the event of disservices related to the transporter, the Purchaser must send a report to the Seller who will proceed with the appropriate contacts with the Transporter. In the event of loss of the package or other eventualities that cause a failed or incorrect delivery, the Seller, in agreement with the Purchaser, will proceed either with a refund or with a new shipment of the order.
9.4 The Seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it demonstrates that it has adopted all the possible precautions on the basis of the best science and experience of the moment and on the basis of the ordinary diligence required.
10.1 The Seller is liable for any lack of conformity that occurs within 2 (two) years of delivery of the goods.
10.2 In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 1 year 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 compliance.
10.3 In the event of a lack of conformity, the Purchaser may request, alternatively and free of 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 Seller. Products that show clear signs of tampering or faults caused by their improper use or by external agents not attributable to faults and/or manufacturing defects are not covered by the guarantee.
10.4 The request must be sent in writing, through the customer service form to the Seller (https://www.lavatelli.com/contacts); in the complaint it is advisable to describe the defect, also through photographs and videos, as well as indicate the date of discovery of the defect itself. The Seller will inform the Purchaser - whether he is willing to process the request or the reasons that prevent him from doing so - within 7 (seven) working days from receipt of the complaint. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.1 The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product with an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
11.2 No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it. Similarly, the defects deriving from bad and/or incorrect use of the goods purchased, from external causes (e.g. bumps, falls, etc.), from carelessness and improper use cannot be attributed to the responsibility of the Seller.
11.3 In any case, the damaged party must prove the defect, the damage, and the causal connection between the defect and the damage, also through descriptions, photographs and means available to the damaged party.
12.1 According to the provisions of the Consumer Code, the Purchaser may, within 14 (fourteen) working days from the date of receipt of the package containing the goods ordered, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering no warranty seal or simply open and/or damage the outer packaging itself. Here the instructions:https://www.lavatelli.com/returns
12.2 The provisions relating to the exclusion of the right of withdrawal for some categories of goods and services provided for by art. 59 of the Consumer Code. In particular, the right of withdrawal is excluded for goods sold "made to measure" and in the event that the sale service concerns the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and are been opened after delivery (Article 59 letter e) of the Consumer Code.
12.3 Pursuant to article 57 paragraph 1 of the Italian Consumer Code, the return costs will be borne exclusively by the Purchaser unless otherwise indicated.
12.4 We also remind you that parcels sent at the recipient's expense will not be accepted.
12.5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the goods for which he has decided to exercise the right of withdrawal.
12.6 The Purchaser and/or the recipient of the order must necessarily complete the return form which can be downloaded here https://www.lavatelli.com/returns , duly completed and signed as indicated.
12.7 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in such conditions that they can be put back on the market (refer to the causes of exclusion referred to in point 12.2.) If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Purchaser.
12.8 The return of the products will not be accepted after the legal term established for the withdrawal and cancellation of the contract.
13.1 If one Party defaults towards the other with regard to any of the obligations under this contract, the other Party may request its termination pursuant to art. 1453 of the civil code et seq., without prejudice in any case to the right to compensation for damages.
13.2 Pursuant to art. 1456 of the Italian Civil Code, the party who intends to make use of the termination will notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the termination start from the date of receipt of the notice of termination resulting from the receipt returned to the Party that resolves and the Purchaser will only be entitled to a refund of any sum already paid.
14.1 Given that the collection of the product is a specific obligation of the Customer, at the time of entrusting the order to the selected courier, the Seller will send a specific email with which he will inform the Buyer of the imminent delivery, also through the shipping link. The status of the order placed and the tracking link are always available even by accessing your personal area.
14.2 The courier will make a first delivery attempt on the date indicated by the tracking, in case of non-delivery he will proceed to a second attempt, except for the need for corrections and changes to the address for which the Buyer must take action.
14.3 Once the second unsuccessful delivery attempt has been made, the parcel will be in storage with the Courier within the time limit established and indicated on the tracking page itself. Depending on the Courier, the stock can be released either by contacting him directly or by contacting the Seller's Customer Service.
14.4 Once the storage period has expired, the order is returned to the Seller and the same will inform the Buyer who can request the shipment again at his expense within and no later than 5 days from receipt of the communication. This hypothesis does not occur in case of purchase with cash on delivery; in this case the order, once returned to the Seller, is immediately dismantled.
14.5 If even in this case the order is not claimed, the Seller will communicate that the contract has been automatically terminated and will refund the amount paid by the Purchaser and dismantle the package no later than 30 days from the communication sent.
14.6 Where the Seller is not in a position to return the price paid due to incompatibility of the payment method used for the purchase with an automatic credit, he will ask the Buyer to indicate the bank details on which he wishes to receive the refund. After ten days without receiving a reply, the Seller will issue a purchase voucher equal to the value of the price to be refunded and will send it to the Buyer's contact addresses. With the issuance of the voucher, the Purchaser will have nothing more to claim against the Seller.
15.1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with respect to the provisions of the legislation on privacy pursuant to Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
16.1 Written communications directed to the Seller and any complaints will be considered only if sent via the "Send a request" channel, available at the link https://www.lavatelli.com/contacts. The Purchaser undertakes to indicate his residence or domicile, the telephone number and the e-mail address to which he wishes communications from the Seller to be sent in the registration form on the website.
16.2 Pursuant to art. 14 of European Regulation 524/2013, the Seller informs the Purchaser that in the event of a dispute, he may file a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link https://ec.europa.eu/consumers/odr/. The Seller, however, invites the Buyer to use the "Send a request" channel available at the link https://www.lavatelli.com/contacts to directly resolve any kind of question.
17.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Purchaser, as a consumer, has his residence, will have jurisdiction.
17.2 If any of the provisions contained in this online sales agreement is held to be invalid, void or unenforceable for any reason, that provision will be deemed separate and will not affect the validity and enforceability of the other provisions.