General Sales Conditions
These General Online Sales Conditions (hereinafter "GCS") govern the contract (hereinafter the "CONTRACT") for the sale of products (hereinafter the "PRODUCTS" or the "PRODUCT") offered by Tessitura Carlo Lamperti e Figlio S.p.A. through the brand "Il Baule di Nonna Traude" - with headquarters in Via della Tecnica n. 8, 23875 Osnago (LC). CF / VAT No. 1300113015, REA No. 1610038 (hereinafter "Tessitura Carlo Lamperti") - through its website www.ilbauledint.com (hereinafter the "SITE") to users of the SITE (hereinafter the "CUSTOMERS" or the "CUSTOMER").
1.2 For the purposes of these General Conditions of Sale, the term "CUSTOMER" means any natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
2. EFFECTIVENESS AND MODALITIES GCS
2.1 The GCS applicable to the sale of the PRODUCTS are published on the SITE in the section GCS. The client before the use of the site will have to verify and accept the GSC before making any further operation.
2.2 The mere tolerance or lack of dispute on the part of Tessitura Carlo Lamperti e Figlio S.p.A. of any failures of the CLIENT with respect to the contents of the GCS cannot be interpreted as tacit acceptance of such failures, or as a willingness to derogate from what was agreed between the parties.
2.3. Tessitura Carlo Lamperti e Figlio S.p.A. reserves, at its sole discretion, the right not to process any proposed order in the event that: a) the data provided by the CUSTOMER at the time of filling out the order form are incomplete or incorrect; b) the CUSTOMER does not qualify as a final consumer or does not meet the requirements to give effect to the terms of payment; c) the PRODUCTS ordered are not available, d) comes from a CUSTOMER with whom it has an ongoing legal dispute; e) comes from a CUSTOMER who has previously violated the conditions and/or terms of the purchase contract with Tessitura Carlo Lamperti e Figlio S. p.A.
3. PROCEDURE OF SALE AND CHARACTERISTICS OF THE PRODUCTS
3.1 The purchases and shipments are valid only in Italian territory and EEC.
3.3. The steps to be performed for the conclusion of the Contract are as follows:
- The CUSTOMER must register to the SITE, communicating his e-mail address, residence address, telephone number and a password of his choice. E-mail and password will become the credentials for access.
- The registered CUSTOMER will be able to know the offers of the PRODUCTS including the essential characteristics of the PRODUCT and the price expressed in euros; he/she will also be able to visualize the photos of the PRODUCT, published to the only purpose to illustrate the PRODUCT itself.
- the CUSTOMER will be able to choose the PRODUCT to purchase that will automatically enter in the section "cart", where it is possible to know before the purchase and the payment, the shipping costs and the times of previewed delivery.
- To confirm the order, the CUSTOMER, in the section "cart", will have to insert the shipping address and every other useful data to the payment, comprised the extreme ones of the credit card or just PayPal account; it is possible to change such data until the definitive forwarding of the order form through the appropriate button "modification".
The order will be confirmed after clicking on the button "confirm order".
3.4. The sales prices of the PRODUCTS, shipping costs and payment methods are exclusively those reported in the GCS and are expressed in euros. The sale prices include VAT but do not include shipping costs, which will be added to the total amount. Tessitura Carlo Lamperti e Figlio S.p.A. reserves the right to change the prices shown on the WEBSITE at any time; in any case the price change will not apply to PRODUCTS subject to orders already sent by the CLIENT. In no event Tessitura Lamperti e Figlio S.p.A. can be held responsible for any price changes.
3.5 Once registered the order form Tessitura Carlo Lamperti e Figlio S.p.A. will send to the Customer at the e-mail address indicated an e-mail "Order Registration Confirmation" containing information relating to the essential characteristics of the product requested, a detailed indication of the price, the means of payment used, the cost of delivery and any additional costs.
The order form will be stored in the database of Tessitura Carlo Lamperti e Figlio S.p.A. for the time necessary for its execution and, however, within the terms of the law.
To access his order form, the CUSTOMER must access his personal profile on the site.
The languages available to CUSTOMERS for the conclusion of contracts are Italian and English.
Payment can be made by credit card, debit card or prepaid MasterCard, Maestro or Visa or "PayPal" system.
The charge will be made within 12 hours after the CUSTOMER sends the order confirmation.
3.6. The AGREEMENT will be concluded at the time of receival by Tessitura Carlo Lamperti e Figlio S.p.A. of payment of the consideration. Upon receival of payment, Tessitura Carlo Lamperti e Figlio S.p.A. will send the CLIENT an e-mail confirmation of purchase containing the list of products purchased.
The CONTRACT, however, is considered automatically terminated if the PRODUCT is not available, as indicated in art. 4.3.
3.7. In case of multiple orders, the number of contracts will be considered as many as the number of ordered PRODUCTS.
The effectiveness of each contract is subject to the actual availability of the PRODUCT, according to what specified in the previous art. 2.4. c). and to the following art. 4.3.
3.8. The essential characteristics of the PRODUCTS, including the duration of the offer, the price in euros, including VAT and transport costs, can be viewed and known by the CLIENT at any time prior to the conclusion of the AGREEMENT and the making of payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the appropriate section "Product Features".
3.9. Tessitura Carlo Lamperti e Figlio S.p.A. does not charge any fee or impose any expense for access to the SITE. The expenses incurred by the CLIENT are exclusively those of Internet navigation, as agreed between the CLIENT and his/her Internet Provider, Tessitura Carlo Lamperti e Figlio S.p.A. remaining completely extraneous to this relationship.
4. RIGHTS AND OBLIGATIONS OF TESSITURA CARLO LAMPERTI e Figlio S.p.A.
4.1 Delivery of the PRODUCTS: The PRODUCTS will be delivered on the basis of time and in the manner reported in the delivery service chosen by the CLIENT among the options listed on the SITE through the carrier responsible for their transport, in any case no later than 30 days from the date of conclusion of the contract. Transport costs are borne by the CLIENT and may vary depending on the delivery service chosen. Tessitura Carlo Lamperti e Figlio S.p.A. cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CLIENT.
4.2 Transportation costs are charged to the customer for an order of less than € 30 and charged to Tessitura Carlo Lamperti e Figlio S.p.A. for an order above that amount.
4.3 Unavailability of PRODUCTS: Tessitura Carlo Lamperti reserves the right to notify the CUSTOMER, to the email address associated with his profile, within 24 hours of purchase, the possible unavailability of one or more of the PRODUCTS purchased. In such case, the CONTRACT relating to the unavailable PRODUCT/s will be terminated and Tessitura Carlo Lamperti e Figlio S.p.A. will refund (to the payment card or PayPal account indicated by the same for the purchase) the price and the shipping costs (if the purchase has regarded only the unavailable PRODUCT or, in case of multiple orders, limited to the shipping costs specifically related to the unavailable PRODUCT).
4.4. In case of multiple orders, the unavailability of one or more of the ordered PRODUCTS will not give in any case to the CUSTOMER the right to the cancellation of the totality of the order.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1 The CUSTOMER is the solely responsible for the truthfulness and correctness of the information and data provided to Tessitura Carlo Lamperti e Figlio S.p.A. and required by the latter through the WEBSITE, and undertakes to promptly notify any changes in the data entered.
5.2 The CUSTOMER, upon confirmation of the purchase order declares, flagging it:
a) to have read, understood and accepted all the GCS;
b) to authorize Tessitura Carlo Lamperti e Figlio S.p.A. to process the personal data communicated at the time of purchase, and to transmit to Tessitura Carlo Lamperti e Figlio S.p.A. (as indicated in art. 3.1.) the personal data necessary to process the payment in the manner indicated.
5.3 Delivery of the PRODUCTS: At the time of delivery of the PRODUCTS to the CLIENT by the carrier in charge of their transport, the CLIENT shall check, in the presence of the carrier:
a) that the quantity and type of the PRODUCTS ordered corresponds to what is indicated in the transport document;
b) that the packaging used for transport is intact, not damaged, not wet or otherwise not altered, even if only in the closing materials;
c) that the quantity and the type of the delivered products matches with what has been ordered.
Any anomalies or discrepancies must be immediately written down and sent to the carrier upon receipt of the products.
5.4. Risks relating to the PRODUCTS pass to the CLIENT at the time of delivery of the PRODUCTS to the CLIENT.
5.5. Assistance: For any need of assistance or complaint relating to the PRODUCTS the CUSTOMER should contact Tessitura Carlo Lamperti e Figlio S.p.A. at the addresses indicated in article 11 of the GSC.
6. warranty and return policy
All goods are covered by a legal warranty provided for in art. 128 and further ones of the Consumer Code. The warranty covers conformity defects of the PRODUCT for a maximum period of 24 months from delivery.
There is a lack of conformity when the good purchased:
- It is not suitable for the use to which they usually serve goods of the same type;
- Does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
- Does not have the usual qualities or performance of goods of the same type that the consumer can legitimately expect, even taking into account statements made in advertising or labeling;
- It is not suitable for the particular use intended by the consumer and that has been brought to the knowledge of the seller at the time of the conclusion of the contract and that the seller has accepted.
Are therefore excluded from the field of application of the aforesaid guarantee defects of the PRODUCT deriving from accidental facts or from responsibility of the CUSTOMER or from a use of the PRODUCT not conforming to its destination of use and/or to what foreseen by the eventual documentation enclosed to the PRODUCT.
The lack of conformity must be reported by the CUSTOMER to Tessitura Carlo Lamperti e Figlio S.p.A. within 2 months after discovery of the defect. Unless proven otherwise, it is presumed that defects of conformity that appear within 6 months of purchase of the PRODUCT already existed on that date. In the event that the CUSTOMER considers that the PRODUCTS purchased are defective, he/she may make use of the legal guarantee in the following ways:
a) Requesting a refund of the price, through the activation of the return procedure on the SITE by accessing the area within thirty working days from the date of receipt of the PRODUCTS in question, or:
b) by shipping the PRODUCTS at the warehouse of Tessitura Carlo Lamperti e Figlio S.p.A.
Tessitura Carlo Lamperti e Figlio S.p.A. PRODUCTS are designed for industrial washing and use in order to maximize quality and durability. Instructions on how to wash and preserve the PRODUCTS in the best possible way are available at www.ilbauledint.com.
6.2 Return Policy.
In case of lack of conformity, the CUSTOMER will be entitled to obtain a refund of the goods within 30 days from the date of issue of the order confirmation. In this case the customer must return the PRODUCT to Tessitura Carlo Lamperti e Figlio S.p.A within 24 hours of delivery without altering its condition in any way (the product MUST NOT be used or washed). Shipping costs are paid by Tessitura Carlo Lamperti e Figlio S.p.A.
7. RIGHT OF WITHDRAWAL
Right of withdrawal by law
Exercise of the right of withdrawal by law
The CUSTOMER has the right to withdraw without penalty and without specifying the reason, within the statutory period of 14 working days from the day of receival of the PRODUCTS purchased under these General Conditions of Sale GCS.
The withdrawal must be communicated to Tessitura Lamperti e Figlio S.p.A. (i) by sending the withdrawal form available as an attachment to these GCS or (ii) by sending a written statement by mail to Customer Service of Tessitura Lamperti e Figlio S.p.A. at the following address: firstname.lastname@example.org
Return of products in case of withdrawal by law
Once exercised the right of withdrawal by law, the CUSTOMER must return the PRODUCTS within 14 days from the time he/she has exercised the right of withdrawal.
The return may take place in the following ways:
1. Returns by shipping company selected by the CUSTOMER, in which case the shipping costs will be paid by CUSTOMER;
2. Returns by shipping company contracted with Tessitura Lamperti e Figlio S.p.A., in which case the return will be free as the shipping costs will be paid by Tessitura Lamperti e Figlio S.p.A. From the time of return of the purchased PRODUCTS to the shipper indicated by Tessitura Lamperti e Figlio S.p.A. in the Return Form, Tessitura Lamperti e Figlio S.p.A. exonerates the CUSTOMER from any liability in case of loss or damage of PRODUCTS during shipping.
It is an essential condition to obtain a refund for returned PRODUCTS that they are fully preserved. In particular, PRODUCTS must not have been used, washed or damaged; the identification tag must still be attached to the PRODUCT, as well as the various composition and washing labels.
PRODUCTS returned by shipment must be sent to Tessitura Lamperti e Figlio S.p.A. in a single shipment. Tessitura Lamperti e Figlio S.p.A. reserves the right not to accept PRODUCTS belonging to the same order that have been returned at different times. The courier's references are reported on the documentation inside the package that was delivered. The products must be returned using the same shipping packaging.
If the withdrawal has been exercised within the period of law and the conditions set out in this article and the checks on the PRODUCTS returned as a result of withdrawal have been concluded positively, Tessitura Lamperti e Figlio S.p.A. will send to the CUSTOMER, via e-mail, the relevant confirmation of acceptance of returned PRODUCTS.
As a result, Tessitura Lamperti e Figlio S.p.A. will refund the sums paid by the CUSTOMER for the purchase, including delivery costs, net of any discounts and / or promotions.
Tessitura Lamperti e Figlio S.p.A. will make the refund within a maximum of 14 days from the date on which it is informed of the consumer's decision to withdraw from the CONTRACT.
Tessitura Lamperti e Figlio S.p.A. reserves the right to withhold the refund until the products have arrived at the warehouses of Tessitura Carlo Lamperti e Figlio S.p.A.
If there is no correspondence between the addressee of the PRODUCTS indicated in the order form and the person who made the payment of sums due for their purchase, the refund, in the case of the right of withdrawal is guaranteed, will be performed by Tessitura Lamperti e Figlio S.p.A. in any case against those who made the payment.
7.2. Conventional right of withdrawal
Right of conventional withdrawal:
In addition to the right of withdrawal by law, Tessitura Carlo Lamperti e Figlio S.p.A. will grant an additional period of 16 days to guarantee the right of conventional withdrawal. The CUSTOMER may therefore apply the right of conventional withdrawal from the fifteenth day after receipt of the PRODUCTS until the thirtieth day after receipt of the PRODUCTS.
The right of conventional withdrawal may be exercised by the CLIENT by activating the return procedure through the SITE and clicking on the button "return procedure".
In these cases, if the PRODUCT has already been delivered, the CUSTOMER must return it to Tessitura Carlo Lamperti e Figlio S.p.A. in order that
- the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of a valid right of withdrawal: damaged returns will not be accepted, but only those in optimal state of preservation;
The PRODUCT must not have been used, washed or damaged; the identification tag must still be attached to the PRODUCT, as well as the various labels of composition and washing.
- the cost of returning the goods to Tessitura Carlo Lamperti e Figlio S.p.A. will be borne by the CUSTOMER, who must send the PRODUCT thoroughly wrapped and packaged;
If the CUSTOMER applies the right of conventional withdrawal according to the provisions of these GCS, Tessitura Carlo Lamperti e Figlio S.p.A. will refund the sums paid by the CUSTOMER on the payment card or Pay Pal account indicated by the same for the purchase. The refund will take place free of charge, within 14 days from the date on which Tessitura Carlo Lamperti e Figlio S.p.A. became aware of the exercise of the right of withdrawal by the CLIENT.
7.3. The right of conventional withdrawal governed by these GCS does not apply
- to goods custom made or clearly personalized.
- In any case the right of withdrawal is excluded if the PRODUCT has been handled in a way different from what is strictly necessary to establish its nature and characteristics.
In case of disservice or dispute between Tessitura Carlo Lamperti e Figlio S.p.A. and a CUSTOMER we guarantee from now on the participation in an attempt at friendly conciliation that the CUSTOMER may ask for support at RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan that allows to reach a satisfactory agreement, with the help of a neutral and competent mediator.
8. USE OF THE SITE
8.1 Description and visualization of the PRODUCTS: The descriptions of the PRODUCTS and the images present on the SITE correspond to what is made available by Tessitura Carlo Lamperti e Figlio S.p.A.. The photographs and videos of presentation of the products accompanying the descriptive information are published on the site for descriptive purposes only, keeping into consideration that the quality of the images (eg in terms of exact display of colors) may depend on software and computer tools used by the client at the time of connection to the site.
8.2 Malfunctions: Tessitura Carlo Lamperti e Figlio S.p.A. assumes no responsibility for problems caused to the CLIENT by the use of the SITE and the technologies used as not depending on its own will, such as:
a) errors, delays or impossibility of access to the WEBSITE by the CUSTOMER during the execution of the sale procedure;
b) errors, delays or impossibility of receival by the CUSTOMER of communications made by Tessitura Carlo Lamperti e Figlio S.p.A. in relation to the sale of the PRODUCTS.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
9.1 Tessitura Carlo Lamperti e Figlio S.p.A. informs that the SITE, its presentation, as well as all trademarks and distinctive signs used by Tessitura Carlo Lamperti e Figlio S.p.A. in relation to the sale of PRODUCTS, are protected by the rights of intellectual and industrial property and it is therefore forbidden any form of reproduction, communication, distribution, publication, alteration or transformation, use and exploitation in any way and for any purpose they occur, the contents of the SITE, the trademarks and distinctive signs used by Tessitura Carlo Lamperti e Figlio S. p.A. (such as, in the case of the sale of the PRODUCTS, the use of the trademarks and distinctive signs used by Tessitura Carlo Lamperti e Figlio S. p.A.). p.A. (such as, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functions and design of the SITE).
9.2 Tessitura Carlo Lamperti e Figlio S.p.A. assumes no responsibility for the trademarks and other distinctive signs that appear on the PRODUCTS marketed by it on the SITE, with respect to which the CLIENT acquires no rights as a result of the conclusion of the AGREEMENT.
10. PROTECTION OF PERSONAL DATA
10.1 Tessitura Carlo Lamperti e Figlio S.p.A. is the owner of the personal data collected at the time of registration to the SITE, as well as those subsequently communicated at the time of purchase by the CUSTOMER.
For information relating to the processing of personal data, in accordance with the provisions of EU Regulation 2016/679(GDPR), please refer to the detailed information already provided at the time of registration to the SITE and always available there.
For any communication you can contact the staff of Il Baule di Nonna Traude at Tessitura Carlo Lamperti at the following addresses:
Tessitura Carlo Lamperti e Figlio S.p.A.
Via della Tecnica, 8
23875 Osnago (LC)
Telefono: +39 345 7737819
It should be noted, in any case, that communications sent by the Customer can never be a source of integration of the AGREEMENT, which will always be governed exclusively by these CGV.
12. APPLICABLE LAW AND JURISDICTION
The GCS are governed by Italian law and in particular by Legislative Decree 6.9.2005 n.206 (Consumer Code) with specific reference to the legislation on distance contracts and by Legislative Decree 9.4.2003 n.70 on certain aspects of electronic commerce. For any dispute relating to the validity, interpretation or execution of the GCS the territorial jurisdiction of the courts of the place of residence or domicile of the consumer.
The possible invalidity of individual clauses of the CONTRACT or the GCS will not imply the invalidity of the entire CONTRACT or GCS
The linked sites (links) are not controlled by Tessitura Carlo Lamperti e Figlio Spa, which, therefore, is not and cannot in any way be held responsible, for any reason, cause or title, for the content of said linked sites or link addresses. The link does not imply any endorsement by Tessitura Carlo Lamperti e Figlio Spa of the linked sites.