Terms and conditions
Luisaboutique's Customer Care department is available for all enquiries regarding orders, deliveries and, more generally, purchases:
Phone: +39 041/8380085 From Monday to Friday 08:30-13:00 14:30-18:00
The products (hereinafter the "Products") on sale on www.luisaboutique.com (hereinafter the "Site") are sold and invoiced by Gambalunga srl., headquartered in Corso d’Augusto 26-Rimini, a company registered at the Chamber of Commerce of Rimini under REA no. RN - 274 628 of the Companies Register, Tax Code and VAT Reg. no. 02629640406.
GENERAL SALES CONDITIONS
Applicable from 27 July 2016
1. Acceptance of the general sales conditions and execution of contract
1.1 Purchases of Products made through the Site will see as parties Gambalunga srl as seller (hereinafter "Gambalunga") and the subject, natural person, who purchases on the Site, not referable to its business or profession activity, as buyer (hereinafter, the "Customer").
1.2 Each purchase is governed by these general terms and conditions (hereinafter the "Conditions"), in the version published on the Site at the time the customer sends the order.
1.3 The Site is dedicated to retail and as such is intended for the exclusive use of Customers. Should one or more sales be made with respect to a subject who is not qualified as a Customer, the following Conditions shall apply but, notwithstanding the provisions of same, (i) the purchaser shall not be granted the right of withdrawal referred to in Article 5, (ii) the purchaser shall be unable to benefit from the Product warranty indicated in the following Article 6, (iii) no other forms of protection shall be granted to the buyer pursuant to Legislative Decree no. 206/2005 as subsequently amended (Consumer Code), (iv) the sales contract between Gambalunga and the buyer shall be governed by Italian law, with the exclusion of the Vienna Convention relating to the sale of goods.
1.4 By placing an order in the various prescribed manners, according to the order form available on the Site (hereinafter the "Order"), the Customer declares having read all the information provided to it during the purchase procedure and fully accepting these Conditions, which form an integral part of the Product purchase contract.
1.5 These Conditions can be printed or saved on a durable medium, in accordance with the provisions of art. 12 of Legislative Decree no. 70/2003 and art. 51 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014.
1.6 Any costs for connecting up to the Site via the Internet shall be to the sole charge of the Customer, including phone charges, according to the rates applied by the operator selected by the Customer.
1.7 Gambalunga reserves the right to modify these Conditions at any time, at its discretion, without giving any notice to Site users. Any changes will be effective from the date of publication on the Site and shall apply only to sales made starting on such date. The prices, the Products on offer on the Site and/or the characteristics of same, are subject to change without notice. Before sending the Order pursuant to Article 2 below, the Customer is asked to check the final sales price.
Although the Site is accessible from all over the world, the available Products can only be purchased by users requiring delivery in one of the following countries: Italy, France, Spain, Germany, Austria, Great Britain, Belgium, Netherlands, Luxembourg , Denmark, Finland, Ireland, Sweden, Greece, Croatia, Portugal, Slovakia, Slovenia, Hungary, Romania, Bulgaria, Poland, Czech Republic, Estonia, Latvia, Switzerland, Norway, Serbia, Albania, Bosnia and Herzegovina, Montenegro, Macedonia, Ukraine , Belarus, Grand Canary Island, Malta, San Marino, Cyprus, Liechtenstein, Principality of Monaco, Jersey, Isle Of Man, Gibraltar, Andorra, British Virgin Islands, US, Canada, Russia, Japan, New Zealand, Australia, Iceland, Philippines, Ivory Coast, Madagascar, South Africa, Chile, Colombia, Mexico, Argentina, Venezuela, Peru, Paraguay, Guatemala, Algeria, Morocco, Israel, Egypt, Brunei Darussalam, Saudi Arabia, Qatar, Tunisia, Turkey, Vietnam , Uzbekistan, Bahrain, Armenia, Kuwait, Thailand, Tajikistan, Turkmenistan, Azerbaijan, Kazakhstan, India, Indonesia, Macao, Hong Kong, Singapore, Taiwan, China, the Bahamas, Brazil, Bolivia, South Korea, United Arab Emirates, Ecuador, Wales, England, Northern Ireland, United States Virgin Islands, Moldova, Panama, UK, Scotland, Trinidad and Tobago, Hungary, Uruguay.
2. Selection of Products and how to purchase
2.1 The Products offered for sale by Gambalunga are only those shown on the Site at the time of the Order, with the described characteristics.
2.2 It is in any case understood that the images accompanying the description of a Product are for informational purposes only and may not be fully representative of its features but differ for example in terms of colour and size (also depending on the browser and the monitor used to access the Site and image display).
2.3 The presentation of Products on the Site, which is not binding for Gambalunga, is a mere invitation to the Customer to make a purchase contract proposal and not a public offer.
2.4 The Customer can select the Products of interest and insert them into the virtual shopping cart. After selection, to actually purchase the Products in the shopping cart, the Customer will be invited to (i) register on the Site by providing the requested data, or (ii) to log in, if the Customer is already registered or (iii ) if the Customer does not want to register on the Site, to provide all data in order to complete the order and enable the execution of the purchase contract.
2.5 The Customer already registered on the Site will also be entitled to enter one or more Products on the Site in his/her personal Wish List. The Wish List allows saving the details of the Products to be purchased. This function saves the selected Products even if the user decides to leave the Site, and allows easily moving and purchasing favourite products in the future. The Products will remain in the Wish List - which the Customer can check at any time by accessing the appropriate section [ "My Wishlist"] after logging into the Site - until they are moved to the shopping cart - by clicking on the [ "Buy"] key beside each Product or on the button [ "Add all to cart"] if the Customer intends moving all the Products in the Wish List to the cart - or permanently removed by the Customer. Please note that the Products included in the Wish List are not reserved, and will be available for purchase by other customers until the order for such Products, after they have been placed in the cart, has been sent and confirmed in accordance with these general sales conditions.
2.6 The Customer shall also select the method of delivery of the Products and the payment method from among those available on the Site. The Customer shall also ask Gambalunga, if it so requires, to issue an invoice for the purchase, pursuant to art. 22 Italian Presidential Decree no. 633/1972.
2.7 Upon completion of the above operations, the Customer will display a summary of the order, the contents of which can be changed as far as the selection of the ["Proceed with order"] button: afterwards, the Customer, after carefully reading these Conditions, must expressly approve them by ticking the check box on the Site and, finally, through the ["Confirm order"], key, the Customer will be required to confirm the Order, which will thus be definitively placed with Gambalunga.
2.8 The Order submitted by the Customer to Gambalunga through the Site has the value of a contractual proposal and is governed by these Conditions.
2.9 Orders are subject to the availability of the Products and to acceptance by Gambalunga. Gambalunga reserves the right, at any time and at its sole discretion, to refuse an Order, including, for example, cases in which (i) the ordered Products are no longer available on the Site and/or in stock; (ii) Gambalunga becomes aware of a mistake on the Site relating to the price and/or description of the Products; (iii) the Order cannot be executed due to an error in the information provided by the Customer (for example, payment or delivery details or billing address); (iv) Gambalunga has reason to believe that the Order has been placed by a minor. Gambalunga also reserves the right to make partial deliveries and/or to limit the quantities of Products ordered by the Customer to a number of Products reasonably suitable for domestic use. In this case, the Customer will only be charged the price of the Products actually delivered. In all cases in which Gambalunga is unable to execute an order, or only partially able to do so, or intends limiting the quantity of ordered Products, Gambalunga will contact the Customer via email or by telephone, as soon as possible and in any event within thirty (30) days after the sending of the Order on the Site*. Any payments already made by the Customer will be promptly refunded by Gambalunga, using the same procedures used by the Customer to pay for the Products.
2.10 The correct receipt of the Order is confirmed by Gambalunga by sending the Customer the Order Confirmation (hereinafter the “Order Confirmation”) by email, sent to the email address supplied by the Customer. The Order Confirmation will contain a copy of these Conditions, as provided by applicable regulations, as well as the data entered in the Customer’s Order and the description of the ordered Product characteristics, so that the Customer can check these and possibly communicate without delay the necessary corrections to any wrong data.
2.11 Each Product purchase contract shall be deemed executed at the time the Customer receives the Order Confirmation from Gambalunga by email.
3. Prices and Payment methods
3.1 The Product prices indicated on the Site shall be deemed inclusive of taxes and VAT. Any shipping costs or payment costs are in any case disclosed in advance to the Customer through the site or these Conditions. This without prejudice to the provisions of Article 4.2 as regards the possible application of customs duties upon the shipment of the Products.
3.2 The following payment methods are provided:
The Paypal circuit can be used by the Customer to make payment according to the procedures indicated by such circuit.
(ii) Credit Card
Whenever goods are purchased by Credit Card, the transaction will take place through the Paypal secure server or other secure server chosen by Gambalunga.
Under no circumstances and at no stage of the payment process will Gambalunga become acquainted with the information relating to the Customer's credit card, sent via secure connection directly to the site of the bank which handles the transaction. No Gambalunga computer archive will retain such information and consequently under no circumstances shall Gambalunga be held liable for any fraudulent or illegal use of credit cards by third parties at the time of payment.
(iii) Bank transfer
In the case of purchase by bank transfer, the details of the bank will be displayed for payment. Any transfer fees and/or currency exchange fees charged by the bank will be entirely to the charge of the Customer. The shipment of the goods will only be made after payment has been received by the bank.
4. Delivery of products and related costs
4.1 The purchased Products will be delivered to the address indicated by the Customer on the Order within 5 workdays from receipt of the order confirmation. If the destination is in Italy, the delivery deadline will depend on the destination area; from at least 4 days up to 8 days at most from receipt of the order confirmation if the destination is in the EU. The delivery deadline depends on the country of destination. From at least 4 days up to 8 days at most from receipt of the order confirmation for all other destinations. The delivery deadline depends on the country of destination, at the rate stated specifically on the site before the dispatch of the Order. Gambalunga reserves the right to accept or refuse delivery requests outside Italian or European borders. In any case, for deliveries to be performed outside Italian borders, the shipping costs and delivery times may vary. Our carriers make deliveries from Monday through Friday, excluding Saturday, Sunday and other national holidays. Shipping costs vary according to the size of the product and the country of delivery.
4.2 In relation to deliveries required in non-EU countries, the total price indicated on the Order and summarized on the Order Confirmation will include only indirect taxes (if applicable) and shipping costs. Any charges and/or import customs duties will be charged to the Customer. The amount of those duties and/or other taxes may vary from country to country according to the Products and/or the value of same. The Customer only shall be responsible for the payment of such duties and/or taxes and forthwith undertakes to pay these, when due, in addition to the price stated on the Order and confirmed on the Order Confirmation, in accordance with the legal provisions of the country where the Products are delivered. The Customer is therefore invited to contact beforehand the customs authorities of its country to check costs and any import limits. The Customer acknowledges and agrees that the fact that it is not acquainted with the costs, charges, duties, taxes and/or levies under this Article 4.2, when sending an Order to Gambalunga, shall not represent grounds for the termination of this contract and it shall under no circumstances be entitled to charge such costs to Gambalunga.
4.3 The delivery deadlines indicated by Gambalunga shall be deemed as purely approximate and not binding for Gambalunga. Any delay with respect to such delivery deadlines, or any delivery made with subsequent split shipments shall not therefore entitle the Customer to refuse the delivery itself and to claim compensation or indemnities. Gambalunga cannot therefore be held responsible for any loss or damage suffered by the Customer due to delays in delivery of the Products, unless such delay is due to negligence or fault of Gambalunga. For orders placed by credit card, with normal shipping schedules, add one business day for standard administrative controls. For orders paid by bank transfer, the shipping time will be calculated as and from payment confirmation.
4.4 The risk of accidental loss or deterioration of the Products will be transferred to the Customer at the time when the latter or a third party appointed by it, other than the carrier, comes into actual possession of the Products. Nevertheless, the risk shall be transferred to the Customer upon delivery of the Products to the carrier, in the event of the latter having been chosen by the Customer, without prejudice to the Customer’s right to claim against the carrier. For the purposes of the transfer of risk, refusal or delay of acceptance by the customer of the products will be considered as delivery.
4.5 Upon delivery of the Products, the Customer is required to check:
• that the number of packages is that indicated on the transport document.
• that the packaging is intact, not damaged or wet or otherwise altered, including as regards the closing materials (adhesive tape or metal straps).
Any damage to the packaging and/or product or any mismatch in the number of packages or details, must be immediately indicated by affixing a specific indication on the delivery document of the product to be handed back to the carrier.
Any problems concerning the physical integrity, correspondence or completeness of the received products must be reported within 7 (seven) days from delivery, by sending an email to firstname.lastname@example.org. All this without prejudice to the provisions in favour of the Customer as regards the legal guarantee of conformity described in Article 6 and the right of withdrawal, laid down by article 5, whenever the respective requirements exist.
5. Right of withdrawal – Policy statement
5.1 Under article 52 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, the customer is entitled to withdraw from the Conditions, and therefore from the purchase contract for any reason, without having to give reasons and without any penalty, within 14 (fourteen) days after (i) the Product has been delivered or (ii) in the case of purchase of several products delivered separately with a single order, after the final product has been delivered.
5.2 To exercise the right of withdrawal referred to in article 5.1 above, the Customer must send Gambalunga a notice to such effect within the specified period of time, to the following email address email@example.com or use the form provided on the website http: //www.luisaboutique.com/awrma/guest_rma/index/
5.3 In case of withdrawal, the Customer shall return the Products to Gambalunga at its expense within 14 (fourteen) days from the withdrawal itself, to the following address: Gambalunga srl, Corso d'Augusto 165 Scala A 1° Piano, 47921 Rimini, Italy. The above term will be met if the Customer returns the goods before the expiry of the period of fourteen (14) days, regardless of the date on which the Products are subsequently actually returned to Gambalunga. The goods must be returned intact, complete with all parts and in their original packaging (bags and packages), preserved and possibly used for the time necessary to establish and verify the nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in compliance with the following conditions:
• the right of withdrawal may be applied to the Product purchased in its entirety; it is not in fact possible to exercise the right of withdrawal on only part of the purchased Product (e.g.: accessories, complementary items, etc. ...);
• to make withdrawal possible, the Product must be returned intact and in its original packaging, complete with all its parts (including packaging and any documentation and accessories: labels, tags, seals, etc. ...);
• shipping charges (and any customs fees) for the return of the Product shall be to the sole charge of the Customer;
• the shipment of returned Products, up to the the certificate of receipt in the warehouse indicated by Gambalunga, is under the full responsibility of the Customer;
• in case of damage to goods during transport, Gambalunga shall inform the Customer, to enable it to promptly report the matter to the carrier chosen by it and obtain reimbursement; The Product will then be made available to the Customer, while, at the same time, the request for withdrawal will be cancelled;
• Gambalunga shall not be liable in any way for damage, theft or loss occurring during or in any case as a result of the return shipment.
5.4 In case of legitimate and correct exercising of the right of withdrawal, Gambalunga will refund the customer the full amount already paid, including delivery costs if incurred by the Customer to receive the Products, less any additional shipping costs under art. 56, sub-section 2, of Legislative Decree no. 21/2014 (e.g.: if the Customer has chosen a type of delivery other than the least expensive type made available on the Site), within 14 (fourteen) days at the latest from receipt, by Gambalunga, of notice from the Customer regarding the exercising of the right of withdrawal, by deduction of the amount charged, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any case the Customer shall not incur any costs as a result of the refund. Gambalunga shall be entitled to suspend the refund until receipt of the returned Product or until such time as the Customer proves that it has correctly returned the Product, whichever comes first.
5.5 The Customer shall be liable for any reduction in value of the Products resulting from any handling other than necessary to establish the nature, characteristics and functioning of the Products themselves. Therefore, if the returned Products are damaged (e.g., with signs of wear, abrasion, scratches, deformation, etc.), or are not complete with all their parts and accessories (including labels and tags intact and attached to the Product) or accompanied by the attached instructions/notes /manuals, the packs and the original packaging and warranty certificate, if any, the Customer shall be liable for the decrease in asset value of the Product, and shall be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Customer is asked not to handle the Products more than is strictly necessary to establish the nature, characteristics and functioning of same and to cover the original Product wrapping with additional protective packaging to preserve its integrity and protect it during transport including from writing or labels. Gambalunga reserves the right to check the condition in which the Products are returned as a result of exercising the right of withdrawal and to notify the Customer by email about the decrease in the value of the Products resulting from more handling than whatever is necessary to establish the nature, characteristics and functioning of the Products, and to provide for the refund referred to in Article 5.4 taking into account said reduction in value.
6. Legal Compliance Warranty
6.1 All the Products sold by Gambalunga through the Site are covered by a 24 (twenty four) month warranty from the date of delivery to the Customer for conformity defects, pursuant to Title III of Leg. Decree 206/2005. To make use of assistance under warranty, the Customer shall keep the invoice or payment receipt, together with the transport document.
6.2 The warranty covering conformity defects shall apply as long as the relative Product has been used correctly, according to its intended use and the provisions of the operating and cleaning instructions in and/or with the Product.
6.3 Under penalty of invalidation of this warranty, the Customer shall be obliged to report any defects and nonconformity within 2 (two) months from discovery at the latest, by email to firstname.lastname@example.org, or by contact form www.luisaboutique.com/awrma/guest_rma/index/, indicating the defect and/or the nonconformity found and the relevant documentation indicated on the return form itself (at least no. 1 (one) photograph of the Product, copy of the order confirmation sent by Gambalunga and/or of the tax receipt).
6.4 Gambalunga shall assess the defects and nonconformity reported by the Customer. After performing the checks to verify the nonconformity of the Product, Gambalunga will decide whether or not to authorize the return of the Products. The Customer will receive a reply from Gambalunga via email at the address provided by the Customer during the Site registration process or during the Order transmission process, containing the "Return Code" and instructions to proceed with the return dispatch of the defective and/or nonconforming Product. Authorization to return the Products shall not in any way constitute recognition of defects or nonconformity, the existence of which must be ascertained after return. The returned Products authorized by Gambalunga must be delivered by the Customer at its own expense, along with a copy of the return authorization notice bearing the "Return Code", within thirty (30) days from the report of the nonconformity, to the following address : Gambalunga Srl, Corso d'Augusto, 165 Scala A 1° piano, Rimini, 47921, Italy.
6.5 In case of ascertained nonconformity of the Product, Gambalunga will refund to the Customer the shipping costs incurred for the return of the nonconforming Product, and without any cost to the Customer, shall repair the Product or replace it with a new Product, at the discretion of Gambalunga; in the latter case, the nonconforming and replaced Product shall remain the property of Gambalunga. In the event, for any reason, of Gambalunga not being able to return to the Customer a product under warranty (repaired or replaced), or if the repair or replacement were, also because of the value of the Product, overly expensive, Gambalunga shall be entitled to appropriately reduce the price paid, that is to refund the entire amount paid with termination of the contract. Whenever possible the refund will be made using the same payment method used by the Customer to purchase the Product.
7. Complaints and information request
7.1 Any complaint or information request can be sent to Gambalunga at the following addresses: Gambalunga srl, Corso d'Augusto, 165 Scala A 1° piano Rimini, 47921, Italy; complaints must be sent to email@example.com, while information requests must be sent to firstname.lastname@example.org.
8.2 The Customer represents and warrants that the information provided to Gambalunga with the receipt of Order is true and correct.
9. Force majeure
9.1 Gambalunga disclaims liability in case of total or partial non-performance of the obligations undertaken with this contract if such failure is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to catastrophic natural events, acts of terrorism, conflicts, popular uprisings, lack of electricity, general strike of public and/or private workers, strikes and/or restrictions affecting courier transport and air links.
10.1 These Conditions are drawn up in Italian and English. In the event of any discrepancy between the texts in different languages or construal doubts, the Italian text shall prevail.
11. Applicable Law, Alternative settlement of disputes and Jurisdiction
11.1 The sales contract to which these Conditions refer, and its relative implementation is governed by Italian law, with the non-application of the conflict rules and the UN Convention for the International Sale of Goods. To settle any disputes that might arise, if the customer, intended solely as a "consumer" according to the meaning of the Consumer Code, does not intend promoting or complying with an out-of-court settlement procedure, either the Law of the Municipality where the Customer lives or the Law Court of Rimini shall have jurisdiction, according to the choice of the Customer.
Furthermore, without prejudice to the Customer’s right to turn to the ordinary judge, the Customer may promote or participate in a procedure for the alternative settlement of disputes relating to consumer relations (so-called ADR) by making use of the procedures referred to in Part V, Title II-bis Consumer Code, by way of application of Leg. Decree no. 130 dated 6 August 2015 by way of implementation of the Directive EU 11/2013. In this respect, starting on 9 January 2016, the Customer is also entitled, pursuant to EU Reg. no. 524/2013, to refer the amicable settlement of disputes to Online Dispute Resolution (so-called ODR) in order to solve disputes between professionals and consumers online, by accessing the European platform Online Dispute Resolution (so-called ODR) available for consultation at the following address http://ec.europa.eu/consumers/odr/. Through this ODR platform, the customer is able to view the list of ADR bodies, find the links to the websites of each of them and file a claim to start a procedure for the online settlement of disputes relating to contracts entered into online. In any case, whatever the result of the dispute settlement procedure, customers are always entitled to proceed through normal legal channels.