CONDITIONS OF SALE
GENERAL TERMS OF SALE
- Object and Conclusion of the Contract
1.1. These general terms of sale apply to the purchase of "Lanificio Colombo" branded products (hereinafter "Products") made through the e-commerce website www.lanificiocolombo.com (hereinafter the "Site") by users qualifying as "Consumers" in accordance with article 1.4 below. The Site, owned by Lanificio Luigi Colombo S.p.A., with registered office in Borgosesia, Regione Torame, tax code, VAT number and Vercelli Business Registry Enrolment No.00203580022 (hereinafter "Owner" or "Lanificio Colombo" or "Seller").
1.2. Any communication by the Consumer concerning and/or relating to the Product purchased - including any reports, complaints, requests, concerning the purchase and/or delivery of the Products, or exercising the right of withdrawal, etc. - shall be sent to the Seller, at the contact details and according to the methods specified on the Site and/or to the e-mail address firstname.lastname@example.org .
1.3. All purchases are regulated by the general terms of sale as published on the Site, upon transmission of the order by the Consumer.
1.4. The Site deals with retail sales and as such is intended for the exclusive use of consumer Customers (hereinafter "Customer" or "Consumer"). We invite non-Consumers not to execute purchase orders. Should, one or more sales be made to a subject not qualifying as a Consumer, these general terms of sale shall apply but, in derogation of what foreseen by the same:
- the withdrawal right referred to in article 10 shall not apply to the buyer ;
- the Product warranty referred to in article 8 shall not apply to the buyer;
- no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- the sales contract entered into by the Seller and the purchaser shall be governed by the Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.5. The contract concluded between Lanificio Colombo and the Customer shall be finalized upon acceptance, even partial, of the order by Lanificio Colombo. In case of non-acceptance of the order, Lanificio Colombo shall promptly inform the Customer.
1.6. When placing an order using the various methods provided, following the order form on the Site the Customer shall read all the information provided during the purchasing procedure and shall fully accept these general terms (hereinafter also referred to as the "Terms").
1.7. These Terms may be printed or saved on hard support, in compliance with the provisions of Article 12 of Legislative Decree 70/2003 and Article 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
1.8. When placing an order using the various methods provided, following the order form on the Site the Customer shall read all the information provided during the purchasing procedure and shall fully accept these general terms. Along with the transmission of the purchase order, the Consumer accepts that confirmation of the information on the order placed and these general terms of sale be sent by e-mail to the address provided by the same when registering on the Site that is during the purchase process.
1.9. In order to make purchases on the Site, the Consumer shall be of legal age (18 years of age) and have legal capacity, which the Consumer declares to possess when accessing the Site.
1.10. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provider chosen by the same.
- Products Features and their Availability in Different Geographical Areas
2.1. Products are sold as described on the Site and according to the general terms of sale published on the Site at the time the Consumer places the order, excluding any other condition or term. In any case, it is understood that the images accompanying the description of a product are for information purposes only and may not be perfectly representative of its characteristics but may differ in colour and size (also due to the browser and monitor used to access the Site and display the images).
2.3. The Seller reserves the right to change these general terms of sale at any time, at its own discretion, without need to provide any prior notice to the Site users. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics are subject to changes without notice. Before sending the purchase order pursuant to point 3 below, the Customer should check the final sale price when placing the order.
2.4. Access to the Site is available from all over the world. However, Products available on the Site can be purchased exclusively by users who wish them delivered to one of the States listed on the Site.
- Products Purchasing Methods - Completion of Every Single Purchase Contract
3.1. The display of Products on the Site, which is not binding for the Seller, is a mere invitation to the Consumer to formulate a purchase contract proposal and not a public offer.
3.2. The purchase order submitted by the Consumer to the Seller via the Site has the effect of a contractual proposal and is regulated by these general terms of sale, which are an integral part of the order itself and which the Customer, by submitting the order to the Seller, is obliged to accept in full and without reservation. Before purchasing the Products, by sending the purchase order, the Consumer will be required to read carefully these general terms of sale, and the information on the right of withdrawal, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. In addition, the Consumer will be asked to check and correct any errors in personal data entered.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer, confirming the order to the e-mail address provided to the Seller, when registering on the Site or transmitting the order, if the Consumer is not registered on the Site. The e-mail will include the link to the text of these general terms of sale, a summary of the order placed, and a description of the Product characteristics. The Consumer's order, the Seller's order confirmation, and the general terms of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at the following address email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives confirmation of the order from the Seller by e-mail (see point 1.5).
- Products Selection and Purchasing Procedure
4.1. The Consumer can purchase the Products displayed on the Site by selecting them among those of his or her interest and placing them in the appropriate virtual shopping cart. Once the selection of Products is complete, in order finalize the purchase of items in the shopping cart, the Consumer will be asked to (i) register with the Site, providing personal details, or (ii) to log in, when the Consumer is already registered, or (iii) to provide their personal details, in order to complete the order and finalize the contract. If the personal details indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm his/her data (by way of example, but not limited to: name, surname, etc.), as well as the address where to deliver the Products chosen, billing address and, optionally, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order ready to be processed, whose content can still be changed. At this stage the Consumer, after careful reading, shall expressly approve these general terms of sale by ticking the relative check-box on the Site and finally, by pressing the "Place order" button, the order will be definitely confirmed and sent to the Seller, producing the effects illustrated in the previous paragraph 3.4 of this contract. The Consumer will also be required to select the delivery option and the payment method, choosing from those available.
4.2. Should the Consumer decide for the immediate payment method (contextually to the purchase), by credit card, PayPal or similar, they shall be prompted to provide their data via a secure socket connection. For accounting and administrative purposes, the Seller reserves the right to check the personal details provided by the Consumer.
- Goods Delivery and Acceptance
5.1. The Site specifies the availability of the Products and their relevant delivery times; however, such information is purely indicative and not binding on the Seller. For deliveries outside the Italian borders, shipping costs and delivery times might be subject to changes.
5.2. The Seller undertakes to do everything within its power to comply with the delivery times specified on the Site and, in any event, to carry out the delivery within a maximum of 30 (thirty) days from the day after the Consumer placed the order. Should the Seller fail to process the order, due to the unavailability, even temporary, of the Product, the Seller shall notify the Consumer in writing and refund any amount already paid by the Consumer for the Product.
5.3. In case of partial unavailability of the products ordered, the Seller shall notify the Consumer of the circumstance by e-mail, requesting a delivery confirmation of the available products.
5.4. The delivery of the Products ordered by the Consumer takes place according to the method selected, from those available and listed on the Site when the order is placed. The Consumer undertakes to check, quickly and within the shortest possible time, that the delivery includes all and only the purchased Products. They endeavour to notify the Seller promptly of any faulty products received or any discrepancy with the order placed, following the procedure set forth in article 8 below of these general terms of sale. Failure to do so, will infer that the products shall be deemed as accepted. If the packaging or the boxing of the Products ordered should reach their destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery "with rights reserved".
- Prices, Shipping Costs, Customs Duties and Taxes
6.1. The Products price is that indicated on the Site at time the Consumer places the order. The prices are inclusive of standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), and are exclusive of shipping costs, which will be calculated before the order confirmation is sent by the Seller to the Consumer, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
6.2. The Consumer shall pay the total price to the Seller, as stated in the order and in the order confirmation sent by e-mail by the Seller to the Consumer.
6.3. When products are delivered to a country outside the European Union, the total price stated in the order and restated in the order confirmation, including indirect taxes (where applicable) is net of any customs duties, and any other sales taxes, which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and in the order confirmation, as required by laws in force in the country to which the Product will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, to obtain information on any duties or taxes applied in their country of residence or destination of the products.
6.4. Any additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these general terms of sale, shall be borne exclusively by the Consumer.
6.5. The Consumer declares that in case at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3 and 6.4 above, it shall not constitute ground for termination of this contract and under no circumstance such costs shall be charged to the Seller.
7.1. Payment by bank transfer of the Products purchased on the Site should be made within the strict term of 10 (ten) days from the day the order confirmation is sent by the Seller to the Consumer. The Consumer expressly accepts that the performance of the contract by the Seller will begin the moment the price of the purchased Product(s) is credited to the Seller's bank account.
7.2. Payment can be made also by credit card or PayPal, under the conditions described below. The Seller may allow other payment methods, listing them in the payment section on the Site.
7.3. When payment is by credit card, the Consumer will be redirected to a secure site and the credit card information will be communicated directly to the subjects that manage this service. In this case, the purchase amount will be charged exclusively at the time the Seller ships out the order to the Consumer.
7.4. In case of payment by Pay Pal or similar system, the payment will be charged to the Consumer's account or to the relevant card associated upon ordering.
7.5. In no case and in no stage of the payment Lanificio Colombo will be able to know the information related to the Customer's credit card, transmitted via secure connection directly to the site of the bank that manages the transaction. No computerized archive of Lanificio Colombo will keep such data and therefore in no case Lanificio Colombo can be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment.
7.6. The Seller shall promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the fiscal document relating to the purchase made, if Products purchased are delivered within the Italian territory, or the document shall be attached in paper format, to the Products purchased, in all other cases.
- Seller's Legal Warranty of Conformity, Reporting of Conformity Defects and Interventions under Warranty
8.1. Pursuant to, and for the purposes of Italian Legislative Decree no. 206/2005, (Consumer Protection Code), the Seller warrants to the Consumer that the Products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, or labels.
8.2. The so-called pilling does not constitute a fault or defect of the product, i.e. the phenomenon whereby a superficial layer of fluff forms on knitted garments or on some fabrics, which then becomes tangled into many small lint balls. This phenomenon is completely normal in cashmere garments, being the normal consequence of the use of the product.
8.3. Under penalty of warranty forfeiture, the Consumer is required to report any defects, and non-conformities within and no later than 2 (two) months of acknowledging the same, by submitting a request online, through the reserved area or dedicated page. The report shall indicate the defect and/or non-conformity detected, along with relative information, (at least 1 (one) photograph of the Product), the order confirmation sent by the Seller and/or the fiscal receipt or, after 14 days from receipt of goods, by sending to the Seller’s Customer Care the appropriate form, correctly filled in at the email address: firstname.lastname@example.org.
8.4. On receiving the form and the related documentation, the Seller shall assess the defects and non-conformities reported by the Consumer, via the Owner’s service centre. After having carried out quality controls to assess the actual non-conformity of the Product, the Seller shall decide whether to authorize the Products to be returned, by providing the Consumer with a form, containing the "Returned Product Code", by e-mail to the address provided by the latter during the registration process on the Site or upon placing the order. The authorization to return Products under no circumstances, shall infer acknowledgement of the defects or non-conformities, which must be ascertained once the Products have been returned. The Products, for which the Seller has authorized the return, shall be sent by the Consumer, along with a copy of the returned product authorization containing the "Returned Product Code", within 30 (thirty) days from reporting the defect or non-conformity, to the Seller’s address:
LANIFICIO LUIGI COLOMBO S.P.A.
Regione Pralini, 5
28074 Ghemme (NO) - Italy
Ph. +39 0163 844800
8.5. If the Seller is required to Refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the Product or by bank transfer. It shall be the Consumer's responsibility to communicate to the Seller, when requesting the return or by e-mail to email@example.com, the bank details to enable the transfer in their favour so that the Seller is in a position to refund the amount due.
- Defective Products Liability
9.1. As regards any damage caused by defective Products, the provisions of European Union Directive 85/374/EEC and of the Italian Legislative Decree no. 206/2005 (Consumer Protection Code) shall apply. The Seller, as distributor of the products on the Site, disclaims all liability, none excluded and/or exempted, indicating the name of the product manufacturer concerned.
- Right of Withdrawal
10.1. The Consumer is granted the right to withdraw from any contract concluded pursuant to these general terms of sale, without penalty, within 14 (fourteen) days from the day on which (i) the Product was delivered or (ii) if several products on one order are delivered separately, from the date the last product was delivered.
10.2. In order to exercise the right of withdrawal, the Consumer must inform Lanificio Colombo, before the expiry of the term referred to in point 10.1 above, of their decision by accessing the dedicated page "RETURNS AND REFUNDS", filling in the relative form and entering the order number and the e-mail address used when making the purchase.
10.3. Following the provisions of point 10.2 above, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing instructions to proceed with the return of the product, to be sent within and no later than the following 14 days to Lanificio Colombo.
10.4. If the Consumer has received the product, they are required to return it to Lanificio Colombo without undue delay and, in any event, within 14 days from the day they received the instructions from Lanificio Colombo following their withdrawal communication. The risks and direct costs incurred when returning the products shall be borne by the Consumer. Before confirming the withdrawal request, the cost to return the goods will be specified.
10.5. In case of withdrawal the payments made will be refunded, including delivery costs (except for additional costs arising from the possible choice of a delivery other than the least expensive standard delivery method offered), without undue delay and, in any case, no later than 14 days from the exercise of the right of withdrawal. Such refund shall be made using the same payment method selected by the Consumer for the initial transaction, unless the Consumer requests a refund via a different payment method, in which case any additional costs arising from the different payment method shall be borne by the Consumer. The refund may be withheld until receipt of goods or until the Consumer has provided evidence of having dispatched the goods, whichever is the earliest.
10.6. The Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged, (for instance, showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories, (including unaltered labels and tags still attached to the product), unaccompanied by the instructions / notes / manuals supplied, by the original packaging, packing and warranty certificate, if any, the Consumer shall be liable for the decreased value of the goods, and will be entitled to a refund of the amount, equal to the residual value of the Product. To this purpose, therefore, the Consumer is invited not to manipulate the goods other than strictly necessary to establish the nature, characteristics and functioning of the same, and to cover the original packaging of the Products with an additional protective packaging to keep them intact and protected from writing or labels during transport.
10.7 The Consumer will be contacted if the return cannot be accepted because it does not comply with the above-mentioned conditions.
In this case, the Consumer may choose to get back the products purchased at their own expense. In case of refusal of this shipment, Lanificio Colombo reserves the right to retain the products and the amount corresponding to the purchase price of the products.
The Consumer shall also be contacted in case their return cannot be accepted because it does not comply with the conditions set out in point 10.6. In this case, they can choose whether to accept the reduction of the refund, which will be communicated, due to the decrease in value of the returned products, or whether to receive back the products purchased at their own expenses. In case of refusal of this shipment, Lanificio Colombo reserves the right to retain the products and the amount indicated for the reduction of the refund, due to the decreased value of the returned products.
10.8. If all required conditions are met, Lanificio Colombo shall refund the price of the purchased products in full, remaining charged to the Consumer only the expenses for the return to the Seller of the purchased products, unless the Seller has expressly exempted the Consumer from such expenses at the time of purchase and under the further condition that the same makes use of the shipping agent indicated in the instructions to proceed with the return. Consumers who decide to use the shipping agent chosen by Lanificio Colombo for the shipment of the purchased products will not have to pay the costs of the return directly. In case they decide to use a different shipping agent, the payment of the costs of the return will be at the Consumer’s charge.
- Intellectual Property Rights
11.1. The Consumer acknowledges being aware that all brands, names as well as any distinctive sign as denomination, image, photograph, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Lanificio Colombo S.p.A., and/or its assignees. No rights arise on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. The contents of the Site cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without prior written consent of Lanificio Luigi Colombo S.p.A.
- Consumer Data and Privacy Protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are accurate and truthful.
13. Applicable Law, Attempt at Conciliation and Competent Jurisdiction
13.1. The sales contract referred to in these Terms and its execution shall be governed in accordance with the Italian laws, with the non-application of the rules of conflict and of the United Nations Convention for the International Sale of Goods. The Court of the town of residence of the Customer will be competent for the resolution of the relevant disputes.
13.2. Finally, we inform you that the European Commission provides a platform for alternative out-of-court dispute resolution, including cross-border disputes, accessible at http://ec.europa.eu/odr
13.3. If no attempt at conciliation is made, as referred to in the previous point or if the attempt is unsuccessful, the dispute shall be referred to the judge of the place of residence or domicile of the Consumer.