1.1 These general terms and conditions of sale apply to the purchase of products of the "LoryBel" brand (hereinafter "products") via the e-commerce website Lorybel.com (hereinafter "website") by users who are considered "consumers" within the meaning of the following article.
1.2 Any communication from the Consumer connected and/or related to the purchase of the Products, including any reports, complaints, requests for information regarding the purchase and/or delivery of the Products, exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the website and to the e-mail address email@example.com.
1.3 Each purchase is governed by the general conditions of sale in the version published on the website at the time the order is sent by the consumer.
1.4 At the same time as submitting the purchase order, the consumer accepts that the confirmation of the information relating to the order placed and these General Conditions of Sale will be sent by e-mail to the address indicated by the consumer during registration on the website or during the purchase process.
1.5 In order to make purchases through the Site, the consumer must be of legal age (18 years) and must have the capacity to act that the consumer declares to have.
1.6 The Consumer is solely responsible for all expenses incurred in connecting to the Site via the Internet, including telephone charges, according to the tariffs applied by the operator chosen by the Consumer.
2. characteristics of the products and their availability in the different geographical areas
2.1 The products are sold with the characteristics described on the Site and in accordance with the general conditions of sale published on the Site at the time the consumer sends the order, to the exclusion of any other terms or conditions. The essential characteristics of the products are presented on the Site in each product sheet. However, the images and colors of the products offered for sale on the Site may change and/or not correspond to the actual ones due to the action of the Internet browser and monitor used.
2.2 The Seller reserves the right to modify these general conditions of sale at any time at its sole discretion, without having to inform the users of the Site. Any changes made will take effect from the date of publication on the Website and will only apply to sales concluded from that date.
2.3 Prices, products for sale on the Website and/or their characteristics are subject to change without notice. Such variations shall only apply to orders that have not yet been confirmed on the date of the variation itself. In any case, the consumer will be asked to check the final selling price before sending the order, in accordance with point 3 below.
2.4 The Site may be accessed by users from around the world and the Site may contain references to products that are not available or cannot be purchased in the country of the Site visitor.
2.5 Products available on the SITE may only be purchased by Users who request delivery to one of the countries listed on the SITE.
3. methods of purchasing the Products - refinement of each purchase contract
3.1 The presentation of the products on the website, which is not binding on the seller, constitutes a mere invitation to the consumer to formulate a contractual purchase proposal and not a public offer.
3.2 The order sent by the Consumer to the Seller via the Website has the value of a contractual proposal and is governed by these General Conditions of Sale, which are an integral part of the order itself and which the Consumer must accept fully and without reservation by sending the order to the Seller. Before proceeding with the purchase of the products, by sending the order, the consumer is requested to read carefully these general conditions of sale and the information on the right of withdrawal, to print a copy via the print command and to save or reproduce a copy for personal use. In addition, the consumer is also requested to identify and correct any errors made when entering their data.
3.3 The Buyer's order is accepted by the Seller by sending to the Buyer, at the e-mail address provided by the Buyer when registering on the Site or, if the Buyer is not registered on the Site, to the Seller an e-mail confirming the order and containing the link to the text of these General Conditions of Sale, the summary of the order placed, including detailed information on the price, shipping costs and applicable taxes, and a description of the characteristics of the product ordered. The consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the parties are stored electronically by the Seller in its computer systems and the consumer can request a copy by sending an e-mail to the Seller at firstname.lastname@example.org.
3.4 Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives an order confirmation from the Seller by e-mail.
4. procedures for the selection and purchase of products
4.1 The products presented on the website can be purchased by selecting the products of interest to the Customer and placing them in the virtual shopping cart. Once the selection of products has been completed, in order to purchase the products placed in the shopping cart, the Customer will be asked to (i) register on the Website by providing the required data, or (ii) log in if the Customer is already registered, or (iii) provide his/her data to complete the order and enable the conclusion of the contract. If the data provided when placing the order is different from the data provided when registering on the Site, the Customer will be asked to confirm his data (for example, but not limited to: first name, surname, etc.), as well as the address to which the selected Products are to be delivered, the billing address and, optionally, a telephone number where he can be contacted for communications related to the purchase made. The Customer sees a summary of the order to be carried out, the content of which he/she can modify: therefore, after careful reading, the Customer must expressly approve the present conditions, by ticking the appropriate box on the website and finally by clicking on the "Insert Order" button, the Customer is asked to confirm his/her order, which will be sent to the Seller and will have the effects described in the previous paragraph 3.2. of this contract. The Customer is also asked to choose among the available shipping and payment methods. If the Customer chooses the immediate payment method (at the time of purchase) by credit card, PayPal, and if available, by e-Gift Card, must transmit the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Customer. If payment is made by credit card, the purchase amount will only be charged at the time the Seller sends the order confirmation to the Customer.
4.2 If, during the process of selecting the Products on the Site referred to in point 4.1 above, the Consumer discovers that the price of one or more of the Products that he/she intends to select for the next purchase is significantly lower than the price normally applied, due to an obvious technical problem that has occurred on the Site, less any discounts and/or promotions applicable at that time, please do not complete your order and report the above technical error to the Seller's Customer Service by e-mail at email@example.com.
4.3 In cases where the consumer has completed his order and the latter contains a product whose price is significantly lower than the price normally applied, less any discounts and/or promotions applicable at that time, due to an obvious technical problem that has occurred on the Website:
(a) if the Consumer has not yet received the Product himself/herself, the Seller must (i) cancel the Order, the delivery of which will therefore not be carried out, by sending an e-mail notification to that effect to the e-mail address provided by the Purchaser when the Order was placed and (ii) refund to the Purchaser the payments made by the latter in connection with the cancelled Order, including delivery costs, immediately and in any case no later than 14 days after the cancellation of the Order, using the same means of payment used by the Purchaser for the original transaction;
(b) when the Consumer has received the Product, Seller will immediately notify the Consumer by e-mail of the error that occurred in the execution of his order and will offer him alternatively to (i) pay to Seller, within the following 5 (five) days and in any case no later than within the following 5 (five) days, by one of the payment methods available on the Site, the amount equal to the difference between the correct price of the Product and the incorrect price resulting from the order, or (ii) cancel his order, to follow the instructions contained in the same communication and return the Product to the Seller at the Seller's expense within and no later than within the following 30 (thirty) days undamaged, complete with all elements and accessories (including labels and tags attached to the Product unaltered), together with the attached instructions/instructions/manuals, the original packaging and the warranty certificate and together with the duly completed return form attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option under (b)(ii) above, Seller will refund to the Consumer the payments made by the Consumer in connection with the cancelled order, including delivery charges, immediately and in any event no later than 14 days after the cancellation of the order, using the same means of payment that the Consumer used for the original transaction.
4.4 Where applicable, the promotional codes proposed on the Site are valid only for the Products and during the period indicated from time to time. The promotional codes are not refundable or cannot be cumulated. In order to benefit from the discounts and/or offers associated with the promotional codes, the consumer in possession of these codes must enter the promotional code in the appropriate place on the Site when confirming an order. It is understood that an order cannot be cancelled or renewed to allow the use of a promotional code that has not previously been entered by the consumer at the time of order confirmation.
5. delivery of goods and acceptance
5.1 The availability of the products and their delivery times are indicated on the website, but this information is indicative only and is not binding on the seller.
Orders are subject to minimum or maximum quantity restrictions and the products are offered within the limits of stock availability.
5.2 The Seller undertakes to do its best to comply with the delivery times indicated on the Site and in any case to deliver the Products within a maximum of 30 (thirty) days from the day following the day on which the Consumer placed the order. In the event that the Seller does not execute the order due to the unavailability of the Product, even if only temporarily, the Seller shall notify the Consumer in writing and shall refund all sums already paid by the Consumer for the payment of the Product in accordance with the following paragraph.
5.3 If the Consumer has chosen bank transfer as the method of payment, the delivery period shall begin upon receipt of the amount paid by the Seller.
5.4 The Products ordered by the Consumer will be shipped in the manner indicated on the Website at the time of shipment of the order. The Consumer undertakes to check immediately and at the latest within 8 (eight) days of receipt of the Product whether the delivery includes all and only the Products purchased, and to inform the Seller immediately of any defects in the Products received or their non-conformity with the order placed, in accordance with the procedure established in article 8 of these General Sales Conditions, failing which the Products shall be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at its destination clearly damaged, the Consumer will be asked to refuse delivery by the carrier/shipper or to accept delivery "under reserve".
5.5 As soon as the period referred to in paragraph 5.3. has expired without the consumer having raised any objection in the above-mentioned conditions, the products delivered shall be deemed to have been finally accepted by the consumer, without prejudice to the provisions of Articles 8 and 10 below.
6. prices, shipping costs, taxes and duties
6.1 The price of the Products is the price indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and all indirect taxes (if applicable) and include shipping costs.
6.2 Depending on the country to which the Products are to be delivered, the relevant shipping costs will be displayed on the Website during the order creation process, which the Consumer undertakes to pay in addition to the price of the Products ordered.
6.3 The Buyer shall pay the total price to the Seller as indicated in the order and in the order confirmation sent by the Seller to the Buyer by e-mail.
6.4 If the Products are to be delivered to a country that is not a member of the European Union, the total price indicated in the order and confirmed in the order confirmation shall be the total price indicated in the order, including indirect taxes (if applicable), less any customs duties and other sales taxes, which the Buyer undertakes to pay, if any, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products are delivered. The consumer is requested to contact the competent authorities of his country of residence or destination of the products in order to obtain information on any customs duties or taxes that may be levied in his country of residence or destination of the products.
6.5 All other costs, fees, taxes and/or levies imposed by a particular country, for whatever reason, on the products ordered on the basis of these general terms and conditions of sale shall be borne exclusively by the consumer.
6.6 The Consumer declares that ignorance of the costs, fees, charges, taxes and/or duties referred to in paragraphs 6.4. and 6.5. at the time an order is sent to the Seller does not constitute grounds for dissolution of this Agreement and that the Consumer cannot in any way charge the Seller for the said fees.
7.1 Payment can be made by credit card or PayPal or under the conditions described below. The Seller may allow other payment methods and indicate them in the payment section of the Website.
7.3 If payment is made by credit card, the consumer will be redirected to a protected website.
7.4 If the payment is made by bank transfer in favor of the Seller, the Consumer must provide the "Swift" and "IBAN" codes and the order number indicated in the order confirmation.
7.5 The Customer can use an e-gift card to pay the price of the Products by inserting the code of his e-gift card in the corresponding section of the virtual shopping cart page.
7.6 If the consumer chooses the "Amazon Pay" payment method, if available, he/she will be redirected to the Amazon web site, managed exclusively by Amazon, to enter his/her access data to access the service offered by Amazon and then to choose the delivery address (if this is in one of the countries indicated on the web site) and the payment method from those available in his/her Amazon account. By selecting the "Amazon Pay" payment method, the consumer authorizes the seller to receive his or her data (delivery address) from Amazon.
8. seller's legal guarantee of conformity, notification of conformity defects and warranty claims
8.1 In accordance with and for the purposes of European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller guarantees the consumer that the Products are free from defects and correspond to the descriptions published on the Site. All the products sold on the Site, with the exception of food products, are covered by the manufacturer's conventional warranty and by the warranty of 24 months from the date of delivery for conformity defects in accordance with the above mentioned regulations.
8.2 Under penalty of forfeiture of this warranty, the consumer has the obligation to report any non-conformity within and no later than 2 (two) months from the date of discovery, by sending an e-mail to the Customer Service Department at the Seller's Customer Service address to firstname.lastname@example.org, indicating the non-conformity found, at least No. 1 (a) photo of the product, the order confirmation sent by the Seller and/or the tax receipt).
8.3 Upon receipt of the relevant documentation, the Seller will evaluate the non-conformities reported by the Consumer through the Owner's Customer Service and, after having carried out the quality controls to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by sending the Consumer a return message with the "Return Code" by e-mail to the address indicated by the Consumer when registering on the Website or when submitting the order. The authorization to return the products does not in any way constitute an acknowledgement of non-conformity, the existence of which must be established after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization containing the "return code", within 30 (thirty) days from the notification of non-conformity, to the following address: email@example.com
8.4 If the Seller is obliged to refund to the Buyer the price paid, the refund shall be made, if possible, using the same means of payment used by the Buyer when purchasing the Product or by bank transfer. It is the responsibility of the Buyer to provide the Seller, again by e-mail to firstname.lastname@example.org, with the bank details in order to make the bank transfer in his favour and to ensure that the Seller is able to refund the amount due.
9. liability for damages caused by defective products
9.1 With regard to damage caused by defects in the products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply. The Seller shall be exempt from any liability in respect of the quality of the Products which cannot be excluded and/or excluded and, at the request of the injured consumer, the identity and registered office of the relevant manufacturer of the Product shall be provided.
10. right of withdrawal
10.1 Subject to the exceptions provided for in Article 59 of the Consumer Code and without prejudice to the provisions of paragraphs 2bis.4 and 2bis.5 above, the consumer has the right to withdraw from any contract concluded under these terms and conditions, without giving any reason and without penalty, within 14 (fourteen) days from the date on which (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last Product was delivered.
10.2 In order to exercise the right of withdrawal, the consumer must inform Lorybel of his decision to withdraw before the expiry of the period referred to in paragraph 10.1 above by sending an express declaration to email@example.com or by using the contact form.
10.3 According to the provisions of the above paragraph 10.2, the consumer will receive an e-mail confirming the exercise of the right of withdrawal, which, in case he has already received the product ordered in the meantime, contains the return form to be inserted in the package and the instructions on how to proceed with the return of the product and has to be sent to Lorybel.com within the following 30 days and at the latest within the following 30 days.
10.4 Once the consumer has received the product, he/she must return it to Lorybel.com immediately and in any case within 14 days from the day you have notified the withdrawal. The deadline is met if the consumer returns the product before the end of the 14-day period. The risks and direct costs of returning the goods are at the expense of the consumer. If the consumer exercises the right of withdrawal via the website, the consumer will be informed, before confirming the withdrawal request, of the cost of returning the goods if he wishes to use the return service offered by the website.
10.5 In the event of cancellation, the consumer shall be refunded the payments made by him, including the delivery costs (with the exception of the additional costs resulting from the possible choice of a standard delivery other than the cheapest one offered), without delay and in any event no later than 14 days after exercising the cancellation. These refunds will be made using the same means of payment that the Buyer used for the original transaction, unless the Buyer requests a refund using a different means of payment, in which case all additional costs resulting from the different means of payment will be borne by the Buyer. The refund may be suspended until the Buyer has received the goods or until the Buyer has proved that the goods have been returned, whichever is earlier.
10.6 The consumer shall be responsible for any loss of value of the goods resulting from treatment other than that necessary to determine the nature, characteristics and function of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratches, deformation, etc.), not fully equipped with all their elements and accessories (packaging material, boxes, documentation and/or other items contained in the original packaging), not provided with the attached instructions/instructions/manuals, the original packaging and wrapping and the warranty certificate, if any, the consumer shall be liable for the decrease in value of the goods and shall be entitled to a refund of the amount equal to the residual value of the product. To this end, the consumer is therefore requested not to tamper with the goods beyond what is strictly necessary to ascertain the nature, characteristics and functioning of the goods and to cover the original packaging of the products with other protective packaging that preserves their integrity and also protects them from inscriptions or labels during transport.
10.7 The Seller shall accept the returned Products and reserves the right to check whether they have been returned under the conditions described in paragraph 10.6 above.
11. intellectual property rights
11.1 The consumer declares to be informed that all trademarks, names, as well as all distinctive signs, names, images, photographs, written or graphic texts used on the Site or related to the Products are and shall remain the exclusive property of Lorybel.com and/or its successors in title, without the consumer having any right to them by accessing the Site and/or purchasing the Products.
11.2 The content of the Site may not be reproduced in whole or in part, transmitted by electronic or conventional means, modified or used for any purpose without the prior written permission of Lorybel.com.
12. protection of consumer data and privacy
12.2 The Consumer represents and warrants that the information provided to the Seller during the registration and purchase process is accurate and truthful.
12.3 The Consumer may update and/or change the personal data provided to the Seller through the relevant section of the My Account website, which is accessible after authentication, at any time.
12.5 The Customer also acknowledges that in the event of purchase of an e-gift card to be sent to a third party, the Customer must communicate to the Seller the data of the third party to whom the relevant information will be sent, in accordance with art. 13 of Legislative Decree no. 196/2003, as amended and supplemented.
13.1 Although the Seller takes measures to protect personal data against their loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website will not be accessible or visible to unauthorized third parties, even after the Consumer has been authenticated (Login).
13.2 With respect to data related to credit card payments, the Seller uses the services of the company Lorybel.com, which uses technological systems to ensure the highest level of reliability, security, protection and confidentiality when transmitting information over the Internet.
14. force majeure
14.1 The Seller shall not be liable in the event of total or partial non-fulfilment of its obligations under an agreement concluded under these General Conditions of Sale if such non-fulfilment is caused by unforeseeable events and/or natural phenomena beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strikes and/or restrictions on the functioning of couriers and air connections.
15. applicable law, mediation and jurisdiction
15.1 Any sales contract concluded between the Seller and the Consumers on the basis of these General Sales Conditions shall be governed by and interpreted in accordance with Italian law, in particular the Consumer Code (Legislative Decree No. 206 of 6 September 2005), with particular reference to the rules governing distance contracts and Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce. In any case, the rights conferred on consumers by mandatory provisions of the law in force in the consumer's State shall not affect the rights that may be granted to them.
15.2 As an alternative to the attempt to settle disputes, the consumer also has the right to access the European Online Dispute Resolution Platform (the European ODR Platform) for the settlement of disputes between the seller and the consumer. The European ODR platform is developed and managed by the European Commission in accordance with Directive 2013/11/EU and EU Regulation No. 524/2013 to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes concerning contractual obligations arising from sales contracts or online services between a consumer residing in the Union and a trader established in the Union by using an ADR (Alternative Dispute Resolution) body that has joined it and can be selected from a specific list available there. For more information about the European ODR Platform or to initiate an Alternative Dispute Resolution procedure through the European ODR Platform for a dispute related to this contract, please visit the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be included in the European ODR Platform is: firstname.lastname@example.org