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GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter “General Conditions”) concern the regulation of the purchase of products and services, carried out remotely and made available via the Internet, from www.leasorrento.it (hereinafter, the “Website”) in compliance with the relevant legislation set out in Italian Legislative Decree 206/2005 and its subsequent amendments and additions (hereinafter, the “Consumer Code”).
The expression “Buyer” means the person making the purchase, referred to in this contract.
The expression “Supplier” means the person who sells the goods covered by this contract.
The goods and services covered by these general conditions are offered for sale by LEA Sorrento srl – Corso Italia, 252/A — 80067 Sorrento (NA), Italy, with VAT number: IT09585411219 By sending their purchase order electronically, the Buyer declares that they have read and accepted the general and payment conditions set out below. The transmission of this order therefore implies full knowledge of these conditions and the full acceptance thereof.
2) SUBJECT AND CONCLUSION OF THE CONTRACT
With this contract, the Supplier will sell and the Buyer will purchase remotely through online means only the movable goods, materials and services indicated and offered for sale on this website.
The contract between the Supplier and the Buyer is concluded exclusively via online means through the Buyer’s access to the address of this website, where, following the procedures indicated, the Buyer will formalise the order to purchase the goods offered for sale.
To purchase the products, the Buyer must correctly follow the instructions on the website and fill in and send the order form and complete the purchase process correctly until they reach the summary page containing the order number. The Buyer must:
- enter the shipping address and billing address;
- select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Buyer acknowledges and declares that they have read all the information provided during the purchase process and that they fully accept these General Conditions of Sale.
LEA Sorrento srl will send the Buyer an email confirming the order itself containing the order number, shipping and billing details, the list of Products and the total price, including any shipping costs. The Buyer will check the confirmation email and, if they find any errors in the order, will have 2 hours from receiving the appropriate order confirmation email to change the shipping address by contacting LEA Sorrento srl via email at email@example.com.
It is not possible to modify other items in the order such as products and quantities.
The contract entered into between LEA Sorrento srl and the Buyer will be considered concluded only when the ordered products have been shipped.
3) METHODS OF PAYMENT AND REFUND
The Buyer may pay for the products ordered and the related shipping costs by PayPal or bank transfer.
PayPal — Once the order has been confirmed, the Buyer will be redirected to the PayPal website, where they will be able to make the payment using their account, a credit card or in any other payment method accepted by PayPal and in compliance with the relevant conditions.
Credit card details are managed directly by PayPal. The information is encrypted using encryption systems that prevent its use by third parties.
The Supplier will deliver the products ordered through the courier service provided by DHL or, if necessary, through other courier service providers. Except in cases of force majeure or unforeseen circumstances, the Products ordered will be delivered within mainland Italy within a maximum period of 5 (five) working days starting from the working day following the day on which the Supplier confirms the order with the Customer by means of a special order confirmation email. If the Supplier is unable to ship within this period, they will give timely notice to the Buyer by email, indicating the deadline by which the order will be processed. Delivery times may vary depending on the shipping destination and other factors not directly under the control of the Supplier and not attributable to it. In the case of payment by bank transfer, the days for delivery will start from the date of receipt of the payment.
5) SHIPPING COSTS
The Supplier has two different shipping costs depending on the shipping address entered by the Buyer:
- Municipality of Sorrento: €5.00
- Italy (excluding islands): €15.00
All sales prices of the products shown and indicated on this website constitute an offer to the public pursuant to Art. 1336 of the Italian Civil Code and are inclusive of VAT and any other taxes. The shipping costs will be indicated and calculated in the purchase process before the Buyer pays for the order and are also contained on the web page summarising the order. The prices indicated for each of the goods offered to the public are valid until the moment the order is placed and are indicated on the web page summarising the order. The prices and conditions may therefore be changed by the Supplier at any time, and in relation to the Buyer, what is listed on the web page summarising the order will be considered valid.
7) PRODUCT AVAILABILITY
The Supplier ensures, through the electronic system used, the processing and fulfilment of orders within the terms set out in the contract, except in case of force majeure or unforeseen circumstances. If the product is not in stock, LEA Sorrento srl will promptly send a notification to the Buyer providing instructions on how to proceed.
8) LIMITATIONS OF LIABILITY
The Supplier assumes no responsibility for disruptions due to force majeure and or for disruptions or malfunctions related to the use of the Internet network beyond its own control or that of its subcontractors.
The Supplier cannot be held responsible to the Buyer, except in the case of wilful misconduct or gross negligence.
Furthermore, the Supplier will not be responsible for damages, losses and costs suffered by the Buyer as a result of the failure to execute the contract for reasons not attributable to them, with the Buyer being entitled only to a full refund of the price paid.
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards when paying for the products purchased if it is demonstrated that all applicable precautions have been taken at the time of the transaction.
9) OBLIGATIONS OF THE BUYER
The Buyer undertakes to pay the price of the purchased good within the time and manner indicated by the Contract. The Buyer undertakes, after the conclusion of the online purchase process, to print and save the web page containing the order data. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as the link to this section is always present in the footer of the pages of this website.
10) METHOD OF FILING THE CONTRACT
Pursuant to Art. 12 of Italian Legislative Decree 70/03, the Supplier informs the Buyer that every order submitted to LEA Sorrento is stored digitally on the server where the website is located according to the relevant confidentiality and security criteria.
11) DISPUTE RESOLUTION AND APPLICABLE LAW
The sales contract between the Customer and Lea Sorrento srl is concluded in Italy and is governed by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer under the Italian Consumer Protection Code, the court of the municipality of where the Customer is resident, if located within the Republic of Italy, will have exclusive jurisdiction; in all other cases, territorial jurisdiction is exclusively that of the Court of xxx, with any other competent court being excluded.
12) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
The confirmation of the order implies the Buyer’s acceptance of these general conditions, which may be updated or modified directly by entering these updates onto this website. Any change or update to these terms and conditions shall be deemed valid and effective for orders that are yet to be fulfilled and for which the relative summary page is not yet displayed.
13) PRODUCT INFORMATION
Information and specifications relating to the Products are available on the Website.
The visual representation of the Products on the Website usually corresponds, where available, to the photographic image accompanying the product description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be 100% perfectly representative of their characteristics and quality, with the products potentially differing in colour, size and decorative elements (including, but not limited to, ribbons and labels).
The Buyer, concluding the online purchase process, declares that they have read the list of ingredients and allergens.
14) PRODUCT BILLING
If the purchase is made by a VAT registered entity, an invoice can be requested and issued by contacting LEA Sorrento srl via email at firstname.lastname@example.org within two hours of the order confirmation, providing all billing information including tax code and/or VAT number. In this case, the invoice will be sent via email to the email address indicated. The Buyer is responsible for correctly entering the data within two hours of the order, as it will not be possible to request this beyond that time.
The customer may exercise the right of withdrawal within 14 days from the date of receipt of the goods by sending a registered letter with return receipt to LEA Sorrento srl, headquartered in Sorrento (NA) Corso Italia, 252/A — 80067, Italy. The right of withdrawal is excluded for the purchase of goods that are custom-made or customised according to specific customer requests, or for goods which, by their nature, cannot be returned or are at risk of deteriorating or expiring rapidly.
The right of withdrawal also lapses in the event of the lack of the original packaging, the absence of integral elements of the product or damage to the product.
The costs for the return of goods will be borne by the customer, while the order will be refunded within 30 days of receiving the goods using the same payment method used by the Customer when completing the order.