Conditions of Sale shop.lelelevainroma.it
1. Premises
- 1 These General Conditions of Online Sale (hereinafter the “CGV”) govern the contract (hereinafter the “CONTRACT”) for the sale of the products (hereinafter the “PRODUCT” or the “PRODUCTS” ) present on the site skizo.info(hereinafter the “SITE”), owned by the company Le Levain S.r.l.s with registered and administrative headquarters in Via Luigi Santini 22, 00153 Rome, VAT number and C.F. 12926861001 purchased electronically by users of the SITE (hereinafter the “CUSTOMER”).
- 2 Articles 7. Right of withdrawal and 8. Products of these GCS will find application only and exclusively if the CUSTOMER qualifies as a "consumer" pursuant to art. 3, co. 1, letter. a), of Legislative Decree 6 September 2005 n. 206, i.e. "the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity".
- 3 The forwarding of a purchase order for one or more PRODUCTS of the SITE by the CUSTOMER implies acceptance of these GCS by the CUSTOMER himself.
2. Effectiveness and modification of the GCS
- 1 The GCS applicable to the sale of the PRODUCTS are those published on the SITE on the date of the order of the PRODUCTS. The CUSTOMER will be able to easily store these GCS on a durable medium and print them on paper.
- 2 The GCS may be modified and any modifications and/or additions will be in force from the moment of their publication on the SITE. The CUSTOMER is therefore required to periodically check the publication of the most updated GSC.
- 3 Some sales campaigns, based on the specificity of the PRODUCTS, may be subject to particular sales conditions in addition to these GCS. Such special conditions, if applicable, will be accessible and viewable in the "description" section of the specific showcase via a specific link. By purchasing the PRODUCT from these sales campaigns, the CUSTOMER accepts, in addition to these GCS, also the relevant particular conditions.
3. Sales procedure
- 1 The offer of the PRODUCTS presented on the SITE is subject to their actual availability.
Payment can be made by credit card or PayPal. The charge will be made within 12 hours of the CUSTOMER sending the order confirmation. - 2 In the case of multiple orders, as many CONTRACTS as the number of PRODUCTS ordered will be deemed to have been stipulated. The effectiveness of each CONTRACT is subject to the actual availability of the PRODUCT, as specified in the following art. 4.2.
- 3 The essential characteristics of the PRODUCTS, including the price including VAT and shipping costs, can be viewed and known by the CUSTOMER at a time prior to the conclusion of the CONTRACT and making the payment. In particular, the essential characteristics of the PRODUCTS can be viewed by accessing the technical data sheet of the PRODUCT itself where Le Levain srls, in addition to the description and characteristics of the PRODUCT, will also publish, if possible, photographs and/or videos for the sole and exclusive purpose of providing a representation of the PRODUCT.
- 4 Once the purchase order has been received, Le Levain srls will send the CUSTOMER the order receipt containing a summary of the information relating to the sale and will proceed to process the order of purchase, without prejudice to the provisions of the following art. 4.2.
- 5 The prices indicated on the SITE do not include any taxes, duties and duties applicable in the country of destination of the products and/or services where this is different from Italy. These costs, which differ from country to country, are borne by the CUSTOMER, who is responsible for verifying the amount with the competent customs authorities.
- 6 Starting from 12 December of this year, the Levain srls will not be able to guarantee the delivery of orders by Christmas Day (25 December) due to the overload of couriers due to the Christmas holiday period
- 7 [UPDATE 01/04/2020]The CUSTOMER is aware that, due to the national emergency due to Covid-19, couriers may not deliver within the usual timescales.
4. Rights and obligations of Le Levain srls
- 1 Le Levain srls, without prejudice to the provisions of the following art. 4.2, undertakes to deliver the PRODUCTS to the address communicated by the CUSTOMER in the purchase order or, if applicable, via the carrier appointed to transport the PRODUCTS themselves. Le Levain srls cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Furthermore, Le Levain srls cannot be held responsible for delays in delivery attributable to the CUSTOMER. Delivery is made via express courier; PO Boxes are not considered valid addresses for delivery purposes.
- 2 Le Levain srls reserves the right to communicate to the CUSTOMER, within 15 days of purchase to the email address associated with the CUSTOMER, any unavailability of one or more of the PRODUCTS purchased. In this case, Le Levain srls will refund (to the payment card or bank account or Pay Pal indicated by the same for the purchase) the price.
Exclusively upon proposal of Le Levain srls and subject to agreement with the CUSTOMER, Le Levain srls may send a PRODUCT different from the one ordered and of equivalent value. - 3 The prices of the PRODUCTS sold on the SITE include VAT and are prices charged to the public by the individual merchant. Le Levain srls reserves the right to modify them at any time. Any changes to the prices of the PRODUCTS will not, however, be effective against the CUSTOMER who has already placed an order.
5. Rights and obligations of the CUSTOMER
- 1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to Le Levain srls, and, in case of registration, undertakes to promptly communicate any changes of the data entered in the “My Account” section of the SITE.
- 2 The CUSTOMER, upon confirmation of the purchase order
a) confirms that he has read, understood and accepted the GCS;
b) confirms the truthfulness of the data entered and that you are of age;
c) authorizes Le Levain srls to process the personal data communicated at the time of purchase in accordance with the Privacy Policy. - 3 The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to ensure both the saving of an electronic copy and the printing of the CONTRACT and the GCS for the purposes of their conservation, as indicated in the previous art. 2.1.
- 4 A summary of the order and the products purchased will be sent to the CUSTOMER via e-mail automatically at the conclusion of the purchase order.
- 5 At the time of delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transport, the CUSTOMER must check, in the presence of the carrier:
a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document;| ||209
b) che l’imballaggio utilizzato per il trasporto risulti integro, non danneggiato, bagnato o comunque alterato, anche solo nei materiali di chiusura;
c) that the quantity and type of PRODUCTS delivered correspond to what was ordered.
Any anomalies or discrepancies with the order must be reported immediately to the carrier upon receipt of the PRODUCTS, by making a specific note in the transport document. - 6 For support or complaints relating to the PRODUCTS purchased, the CUSTOMER may contact Le Levain srls at the addresses indicated on the SITE under "CONTACTS".
6. Use of the SITE
- 1 Le Levain srls assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as they do not depend on its own will, such as, by way of example:| ||220
a) errori, ritardi o impossibilità nell’accesso al SITO da parte del CLIENTE in occasione dell’esecuzione della procedura di vendita;
b) errors, delays or impossibility in receiving, from part of the CUSTOMER, of the communications made by Le Levain srls in relation to the sale of the PRODUCTS.
7. Right of withdrawal
- 1 The CUSTOMER has the right to withdraw from the CONTRACT, without any penalty and without specifying the reason, no later than 14 (fourteen) days from receipt of the PRODUCT at the address indicated for the delivery. Full proof of receipt is the date shown on the transport document.
- 2 The CUSTOMER may exercise the right of withdrawal by informing Le Levain srls before the withdrawal period expires via an explicit declaration of the decision to withdraw from the CONTRACT to be sent by post (the postmark will prevail) to Le Levain srls Via Luigi Santini 22, 00153 Rome, specifying name and surname, order number, order date and date of receipt of the PRODUCT. Le Levain srls will eventually communicate the confirmation of the impossibility of exercising the withdrawal in the cases provided for by the art. 7.5.
For convenience it is possible to download the standard withdrawal form pursuant to letter h paragraph 1, Legislative Decree. 21 February 2014, n. 21 - 3 In case of exercising the right of withdrawal, the CUSTOMER is required to return the PRODUCT to Le Levain srls. To this end, it is specified that:
– the deadline for returning the PRODUCT is 14 (fourteen) days from the date of communication to Le Levain srls of the intention to withdraw from the CONTRACT. For the purposes of calculating the term, the PRODUCT is considered returned when it is delivered to the post office or other accepting carrier;
– the substantial integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of withdrawal;
– the costs of returning the goods (including shipping, wrapping and packaging costs) to Le Levain srls are borne by the CUSTOMER, who must send the PRODUCT duly packaged and packaged ; Le Levain srls does not accept damaged returns, but only if they are intact and in a normal state of conservation, kept with the use of normal diligence. The CUSTOMER must insert a copy of the transport document inside the packaging box. - 4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these GCS, Le Levain srls will refund the sums paid by the CUSTOMER for the purchase of the PRODUCTS.
The refund will be made free of charge, within 14 (fourteen) days from the date on which Le Levain srls became aware of the exercise of the right of withdrawal by the CUSTOMER through the same payment method used by the consumer. Le Levain srls will withhold the refund due to the CUSTOMER for the return until receipt of the PRODUCTS. The CUSTOMER is responsible only for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Le Levain srls declines all responsibility for any delays in the credit, which depend on the banking institution, PayPal or the type of card used for payment. - 5 Pursuant to art. 59 co. 1 Legislative Decree 6 September 2005 n. 206 (Consumer Code), it is not possible to exercise the right of withdrawal, among others, in the following cases:
– for PRODUCTS made to measure or clearly personalized;
– for PRODUCTS which, by their nature, cannot be returned due to the risk of deteriorating or expiring rapidly;
– for PRODUCTS which are not suitable for return for reasons of hygiene or health protection and which are been opened after delivery;
The right of withdrawal applies to the PRODUCT purchased in its entirety; therefore, if the PRODUCT is composed of multiple components or parts, the right of withdrawal cannot be exercised only on part of the purchased PRODUCT.
8. Products
- 1 The images and videos presenting the PRODUCTS accompanying the descriptive information are published on the SITE by way of example and have a purely representative function, taking into account the fact that the quality of the images (for example in terms of exact display of colours) may depend on the software and IT tools used by the CUSTOMER at the time of connection to the SITE.
- 2 In case of lack of conformity of Products sold by Le Levain srls the customer must immediately contact the Customer Service. The legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The customer has the right, at his choice and provided that the type of product allows it, to restore, without charge, the conformity of the product through repair or replacement, or to an adequate reduction in the price or to the termination of the contract. The customer loses these rights if he does not report the lack of conformity to Le Levain srls within two months from the date on which he discovered the defect, provided that it is not a product which by its nature is perishable or subject to expiration in a shorter period, in which case the defect must be reported within this reduced period.
9. Applicable law and jurisdiction
- 1 These GCS, their validity, interpretation and execution are governed by Italian law.
- 2 For civil disputes in the event that the buyer is a private individual who acts for purposes unrelated to the exercise of his business or professional activity, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the territory of the state. In all other cases, the exclusive jurisdiction will be the Court of Rome.