These General Conditions of Sale regulate the online purchase made by third parties through the website www.lupiestrisce.it, owned by Flamas SRLS, with registered office in Via Yser 8 – 00198 Rome, with VAT no. IVA 15326431002, Flamas SRLS whose e-commerce activity is managed on its own.
- Scope of application
Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
These general terms and conditions (hereinafter the “General Conditions”) govern the relationship, offer and sale of Products between the Customer User of the Site (hereinafter the “Customer” or “Customers”) and Flamas SRLS.
By completing the online order on the Site and sending the relative Confirmation, the Customer declares to have read and understood the General Conditions of Sale indicated in this document and all the information provided during the purchase procedure, to accept them individually and in their complex and to be obliged to observe them. It is the Customer’s responsibility and care to print and store or otherwise archive these General Conditions and the forms reproducing the characteristics of the purchase made.
Flamas SRLS reserves the right to modify these General Conditions of Sale at any time by publishing a new version. The online purchase through the Site takes place on the basis of and in compliance with these General Conditions. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. For the purposes of these General Conditions, by Customer we mean only the final consumer, that is a natural and / or legal person who purchases the Products for his own consumption and therefore for purposes not instrumental to any business or professional activity carried out.
These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Company is not responsible for the provision of services and / or for the sale of products by such parties. The Company does not carry out any checks and / or monitoring on the websites accessible through these links. The Company is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
- Purchases on the Site
The online purchase procedure can be carried out:
- even without registering on the Site
- both by users who have the quality of consumers and by users who do not have this quality.
Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is reminded that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be Consumers.
In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Company reserves the right to take all necessary actions to stop the irregularities.
The Company reserves the right to refuse or cancel orders that come from:
- by users who have released false, incomplete or in any case inaccurate identification data
- by users who have not promptly sent the Company the requested documents or who have sent invalid documents.
- Registration on the Site
For the purpose of registering on the Site, the User must complete the appropriate form, entering the following data:
- first name
- last name
The user undertakes to hold the Company unharmed and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the same of the rules on registration on the Site or on the conservation of registration credentials, and / or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company’s right to disable the user’s account.
- Information Sheet
Each Product is accompanied by an information page that illustrates its main characteristics
The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by the user for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use.
All the prices of the Products published on the Site are indicated in Euros and include the Value Added Tax.
The Company reserves the right to change the price of the Products, at any time, without notice, it is understood that the price charged to the Customer will be that indicated on the Site at the time the order is placed and that any changes will not be taken into account. (increasing or decreasing) subsequent to the transmission of the same order.
Shipping costs, if any, are expressly and separately indicated in the order form, before the Customer proceeds with the transmission of the same order.
- Purchase orders
Orders can be placed via the Internet (online) and in order to send a purchase order it is necessary to read and agree to these General Conditions of Sale by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
The Customer who sends the order directly from the site will receive, at the end of the procedure, an e-mail communication (E-mail) confirming the order, with the indication of the relative order number.
The Company will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited.
The ownership of the Products will be transferred to the Customer at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, on the other hand, will be transferred to the Customer when the same, or a third party designated by the same and different from the carrier, materially comes into possession of the Products.
The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with the Customer, the order will consequently be canceled.
It is possible to cancel an order only if it has not yet been processed and the goods not yet shipped, by telephone or by timely written communication to be sent by email to firstname.lastname@example.org. For orders already processed, the Customer must collect the goods sent and only afterwards exercise the Right of Withdrawal.
The e-commerce system adopted on the Site is designed to guarantee the Customer maximum transparency, indicating in real time the exact status of availability of the Products in stock and relative delivery times.
However, it must be considered that multiple users can place orders for the same item / s at the same time and consequently vary the quantity of products in our warehouse. In this case, it will be our care to appropriately notify the Customer by telephone or e-mail of any problems related to the availability of the product, who at that point can freely decide whether or not to cancel the order placed. In case of cancellation you will be immediately refunded the amount paid.
Please also note that the images and information contained in the Product Sheets are indicative and sometimes may not fully correspond to the actual characteristics of the item.
- Methods of payment
The following payment methods are allowed on the Site:
- Payment card.
The Company accepts the credit cards in the circuits:
- American Express
- Union Pay
- Google Pay
- Apple Pay
They are, in any case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of the payment card used for payment have been verified and (ii) the company issuing the payment card used has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company therefore never has access to and does not store, even if the Customer chooses to store such data on the Site, the data of the payment card used to pay for the Products.
The charge will be made at the moment of order transmission.
An invoice will be issued for each order. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued. When ordering, it is necessary to indicate whether the shipping address is different from the billing address.
- Delivery of Products
All products ordered by the customer and confirmed by LupieStrisce will be shipped by courier (national and international) to the address indicated by the customer for delivery. A contribution to the costs will be required for shipping, which will be highlighted during the purchase procedure and on the “order confirmation” form, in relation to the country of destination of the order. As an indication, the shipping costs vary in relation to the sending destination and / or the weight / volume and have a minimum standard shipping cost of € 5.90 for national shipments. Timing may vary based on the recipient’s address.
From the date the order is sent, the Products will be delivered within 6 days. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract
Transport costs are charged to the Customer, clearly visible at the time of placing the order, except for purchases over one hundred (100) Euros to be delivered on the Italian territory for which delivery is free.
Thanks to the “tracking” service, the customer will have the ability to monitor all shipments by directly accessing the carrier’s site and viewing its status.
There are no limitations on delivery, except in the cases indicated on the Site and / or in the Non-Product Sheet.
The goods are not insured and the Company assumes no responsibility for the loss, tampering or breakage of the purchased product (s).
It will be the Customer’s responsibility to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when the Customer, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, the Company recommends verifying the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reserve . In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Company.
In any case, the application of the rules on the right of withdrawal (so far as existing for the Product) and the legal guarantee of conformity remains valid.
- Right of withdrawal
Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days, starting from the day of receipt of the products purchased on the site. The shipping costs for returning the goods are the sole responsibility of the customer.
To exercise the right of withdrawal, the Customer must send an e-mail to email@example.com specifying the number within fourteen (14) working days from the day of receipt of the Products the Order and the article code (s) for which he intends to make use of the right of withdrawal.
After receiving the e-mail referred to in the previous paragraph, the Customer will receive all the instructions for returning the Product (s) which must take place within 14 days of authorization.
The right of withdrawal is subject to the following conditions:
- the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
- the returned Products must not have been used, worn, washed or damaged;
- returned Products must be returned in their original undamaged packaging;
- Returned products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
- the returned Products must be delivered to the courier within fourteen (14) working days from the date on which you received the products (the delivery date declared by the Courier is valid);
- in the event that the Seller, for the purchase of a specific package of Products, offers the possibility of purchasing them at a lower price than what would normally be practiced by purchasing them individually (eg 5 × 4, 3 × 2 etc. ), the right of withdrawal may also be exercised with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the single product. In all other cases (eg bundled sales, prize operations, etc.), the right of withdrawal can only be exercised with the return of all the Products purchased, thus excluding any partial exclusion.
If the right of withdrawal is exercised by the Customer in accordance with the previous conditions (paragraph 8.4), the Seller is required to reimburse the sums paid by the Customer no later than 30 days from receipt by the Seller of the returned products.
Normally, the re-credit by the Seller of the amount initially withdrawn takes place very quickly, but the time in which the re-credit will actually be visible to the Customer will depend on his bank, credit card institution or Paypal. In the case of payment of the order on delivery, it will be the Customer’s responsibility to indicate how he prefers the refund, choosing between Paypal account and Bank Transfer.
The Seller also undertakes to bear the initial shipping costs of the Products exclusively in the event of errors in the shipment by the Seller. Only in these cases, the Seller will also reimburse the amount that the Customer has paid as shipping costs. The Seller will send an express courier to collect the Product at the address indicated by the Customer.
In case of exercise of the right of withdrawal, the Seller will provide the corresponding reimbursement, within 30 days from the date of receipt by the same of the Products returned according to the methods indicated above, by crediting the amount to be reimbursed with the same payment methods chosen by the Customer at the time of the Order.
In the case of exercising the right of withdrawal without complying with the methods indicated above (e.g. beyond the 14 days provided for by law, or without having followed the instructions for the return), the Seller will send the purchased Products back to the Customer by charging him also the additional shipping costs.
- Change goods
Before placing an order, the Customer is required to carefully evaluate the choice of size using the size charts on the site, possibly by contacting our customer service by writing an email to firstname.lastname@example.org
In the event of an incorrect purchase, it will be possible to change goods by specifying the details via email to be sent within 14 days of delivery. Subsequently, a confirmation email will be sent on the availability or not of the size. The Customer will have to deliver the packaged goods. The cost of this service will be charged to the customer.
- Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for Consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Company is liable to the Consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the goods.
In order to take advantage of the Legal Guarantee, the Consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is hence advisable for the Consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date delivery.
In the event of termination of the contract, the Company will return the total amount paid to the Consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Company will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Company is not liable in the event of damage, of any kind, resulting from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
- Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution / Online Dispute Resolution
For anything not specifically provided for in these General Conditions, reference is made to the discipline contained in the Consumer Code, as well as from time to time possibly amended, supplemented or replaced and, subordinately, to that of the Civil Code.
The reference to a precise time limit present in the General Conditions will be considered from time to time as replaced by that term of best guarantee for the Customer that the Consumer Code must foresee in the future and must therefore be interpreted, understood and read in this way.
Italian law applies.
This is without prejudice to the application to Consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
Please note that in the case of a Consumer user, the Court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.
Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the status of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arisen, the Company will provide information on the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code) , specifying whether or not it intends to use these bodies to resolve the dispute.
The Company also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
In any case, the consumer’s right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
- Customer Service and Complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:
- by email, to the following address: email@example.com