Terms and Conditions of Sale
1. SCOPE OF APPLICATION
1. These on-line general conditions of sale (“General Conditions”) apply to all sales contracts concluded between “Drop S.r.l.” (with registered office at Viale Sandro Pertini 1, 63812, Montegranaro (FM), Tax Code and VAT no. 01383870431, hereinafter “Drop” or the “Seller”), which commercialises on behalf of “Lardini S.p.A.”, the producer (with registered offices at Via Achille Grandi 15/A, 60024, Filottrano (AN), Tax Code and VAT no. 00517670428, hereinafter “Lardini” or the Supplier”), the “LARDINI” brand products on sale in the on-line shop on the website “www.lardini.com” (“Website”), and the customer, who is understood pursuant to art. 3 of Decree 206/2005 (“Consumer Code”) to be a consumer, i.e. a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activities also carried out (“Customer”), on the basis of orders submitted electronically via the Website. Drop reserves the right to refuse orders from any party that is not a Customer.
2. By accepting these General Conditions at the time of purchasing a product on the Website, the Customer confirms having read their content carefully and agrees to comply with them. The Customer cannot purchase products via the Website without accepting these General Conditions.
3. The General Conditions apply regardless of the nationality of the Customer. The products available on the Website may be purchased on condition that they are delivered in one of the countries served by the on-line sales service, as listed in the “Language & Country” section of the Website header.
2. AMENDMENTS TO THE GENERAL CONDITIONS
Drop reserves the right to amend these General Conditions from time to time, should that be necessary to ensure compliance with new legal requirements, for technical reasons, for consistency with the sales models adopted by Drop or to safeguard better the rights of the Parties. The most recent version of the General Conditions is published on the Website from time to time. In all cases, purchases are subject to the version of the General Conditions in force when each order is submitted.
3. ACCOUNT CREATION
1. In order to purchase products available on the Website, the Customer must (i) access the Website using the personal authentication credentials obtained after creating a personal account on the Website, or (ii) create a new account on the Website, or (iii) make the purchase as a “guest” user, without any need for registration.
3. During the account creation phase on the Website, the Customer must choose a username and a password, containing at least 8 characters, in compliance with the password creation criteria specified on the Website from time to time. The Customer acknowledges and accepts that the Website access credentials are personal and must not be communicated or assigned to third parties. The Customer agrees to keep the above password secret and to notify Drop about any unauthorised use of the account, or loss or theft of the above access credentials, by sending a written communication to Drop at the addresses specified in art. 16 below, containing a detailed explanation of the event and a copy of a valid personal identification document. On receipt of the communication from the Customer, Drop will block the personal access credentials concerned and give new ones to the Customer. Drop declines all liability for any loss or damage deriving from the fact that the Customer did not keep the above password safe or notify Drop about its unauthorised use, loss or theft. The Customer accepts all liability towards Drop for any loss and/or damage deriving from any and all unauthorised use of the above personal account.
4. Registration with the Website is free of charge, without prejudice to the facts that (i) the Customer bears the cost of the Internet connection used to access the Website, in accordance with the tariffs, terms and conditions applied by the provider concerned, and that (ii) the purchase of a product on the Website obliges the Customer to pay to Drop the consideration due for that product.
5. Following registration with the Website, the Customer will receive an e-mail message at the address indicated in the registration phase.
6. The Customer may cancel the above personal account at any time by sending an e-mail to Drop at the address indicated in art. 16 below. On receipt of that communication, all contractual relations between the Customer and Drop - except for any orders sent prior to the cancellation request - are understood to be terminated and the username and the password of the Customer will be deactivated.
4. LOGIN AS GUEST
2. Following completion of the form, the Customer may select a payment method from among those indicated in art. 8.1 below and submit the purchase order to Drop electronically.
5. CONCLUSION OF THE PURCHASE CONTRACT
1. The Customer must select products and add them to the basket, without prejudice to the ability to amend or delete the contents of the basket at any time prior to submitting the purchase order.
2. The submission of a purchase order via the Website represents a binding offer to purchase the selected products and, therefore, to complete a purchase contract, which will be governed in full by these General Conditions (“Contract”).
3. Before confirming the purchase order, the Customer must check the purchase order summary to ensure that all the data provided is correct. Any data input errors can be corrected using the specific data editing functions available on the Website. Corrections cannot be made after the order has been submitted.
4. After submission of the purchase order, Drop sends a confirmation e-mail to the Customer containing the order number and details of the order submitted (“Confirmation of Receipt”).
5. The Customer must retain the order number included in the Confirmation of Receipt and quote it in any communications with Drop.
6. The Confirmation of Receipt does not, per se, represent acceptance of the purchase order. The offer by the Customer to conclude a Contract is deemed accepted solely on execution of the order and issue of the related invoice and, until that time, Drop is entitled to decline the order. Should the order be declined, Drop will notify the Customer promptly and arrange to reimburse any amounts already paid pursuant to art. 8.9 below.
6. PRODUCT SELECTION
1. The Customer may purchase solely those products included in the catalogue published on the Website that are available when the purchase order is submitted by the Customer. The catalogue of products may be updated periodically; accordingly, Drop cannot guarantee the continued availability of a product or all the sizes/versions of each product/colour included in the catalogue.
2. Each product is accompanied by a description sheet indicating its principal characteristics. The pictures and colours included on the product description sheets might not faithfully reflect reality, due to the settings of the IT systems or devices used by the Customer to browse the Website. Accordingly, the pictures published are understood to be merely indicative, within the bounds of normal tolerance.
3. The products presented on the Website are available until sold out. Should a chosen product not be available, despite being selectable, Drop will notify the Customer promptly by e-mail and arrange to reimburse any amounts already paid by the Customer.
7. PRODUCT PRICES
1. The selling prices indicated on the Website are understood to include VAT, if applicable based on the country to which the products will be shipped.
2. The selling prices applicable to the Customer are those published on-line when the purchase order is submitted. Those prices are subject to change without notice. The Customer is responsible for checking the final price before submitting the purchase order.
3. Should a recognisable mistake be found in the price indicated for a product, or in the calculation of the payment amount requested, Drop will decline the proposed order and will contact the Customer to allow the latter to submit a correct proposed purchase order.
4. Drop reserves the right to apply different selling prices, depending on the country to which the products will be shipped.
5. All product prices specified on the Website exclude shipping costs.
6. For U.S.A. and Canada prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email. All prices are inclusive of customs and import duties.
8. PAYMENTS; INVOICING; REIMBURSEMENTS
1. The only payment methods available to the Customer are those expressly indicated on the Website, for example:
- Credit card (Visa, Mastercard, American Express, Maestro, Amex and Postepay);
- Google Pay;
- Apple Pay;
- Advance Bank Credit Transfer (only available for the Italian banking circuit);
1. The payment system only accepts cards recognised by the Visa, Mastercard, American Express, Maestro and Amex payment systems, as well as Postepay cards (Visa Electron cards not activated for on-line payments cannot be used).ù
2. If PayPal is selected, the Customer will be redirected to a PayPal webpage to make the payment, after having input e-mail address and password. In this case, payment is only possible using a verified PayPal account, regarding which the Customer should visit the PayPal website.
- In order to use Google Pay, Customers must use Google Chrome, must have logged onto their Google account and must have a payment card linked to their Portfolio.
- In order to use Apple Pay, Customers must use Safari, must have logged onto their Cloud account via Apple ID and must have a payment card linked to their Portfolio.
3. Credit card data is managed directly by banks (Payment Service Providers - PSP) specialised in the management of on-line payments; PayPal data is managed directly by PayPal. Information is encrypted using the latest encryption systems that impede its use by third parties. This information is not shared with Drop, but sent directly to the bank or to PayPal.
4. When payments are made by Credit Card or PayPal, the transaction is authorised when the purchase order is submitted. Drop will not accept a purchase order if the related PSP has not authorised payment.
6. Drop reserves the right to ask the Customer for supplementary information (e.g. land-line telephone number) or copies of documents evidencing ownership of the Credit Card used, solely as part of the checks needed to make credit card payments and protect and safeguard the Customer even further. In the absence of the requested documentation, Drop reserves the right to decline the purchase order.
7. In the event of payment by Advance Bank Credit Transfer (only available for the Italian banking circuit), acceptance of the purchase order and shipment of the ordered items will only take place after the amount due has been definitively credited to the Drop current account. Proof of the credit transfer, including the CRO (transaction reference code), must be received by Drop (via e-mail to email@example.com) by and no later than 3 (three) working days after the date of the Confirmation of Receipt. All credit transfer costs, including commissions, that banks may charge to Customers from time to time will be borne exclusively by the latter.
8. If an order is cancelled or declined, Drop will arrange to reimburse any and all amounts already paid by the Customer as soon as possible. The amounts paid by the Customer to Drop will be reimbursed using the same payment method that the Customer used to make the purchase. The reimbursements will be processed on the basis and with the timing envisaged by the PSP of that payment instrument. If the recipient of the products indicated in the proposed order is different to the person who paid the amount due for their purchase, the reimbursement on exercise of the right to withdraw will, in all cases, be made to the person who made the payment.
9. In the case of on-line sales, pursuant to art. 22 of Presidential Decree 633 dated 26 October 1972 and art. 2.oo) of Presidential Decree 696 dated 21 December 1996 (as confirmed by Decision 274/E dated 5 November 2009), the Seller is not required to issue an invoice (or till receipt or tax receipt) to purchasers who are consumers (being persons without a VAT number). Nevertheless, if desired, the Customer may request Drop to issue a tax invoice during the purchasing process. In that case, Drop will arrange to send the requested invoice to the e-mail address or residential address indicated during the registration phase or on the order form. The information provided by the Customer at the time of the order will be used for invoicing purposes.
The data indicated cannot be amended after issue of the invoice; accordingly, the Customer is invited to check the data input carefully, before submitting the order. If an invoice is not requested during the purchasing process, it cannot under any circumstances be requested and issued subsequently. Even if the Customer does not request the issue of an invoice, Drop will still send - to the e-mail address or shipment address indicated during the registration phase or on the order form - a purchase receipt without validity for tax purposes, which may only be used for support or warranty purposes.
9. SHIPMENT AND DELIVERY OF PRODUCTS
1. The products purchased on the Website are delivered to the shipment address indicated by the Customer on registration with the Website or when making the purchase. Products are delivered by couriers arranged by the Supplier to the shipment address indicated by the Customer on the order form.
2. On handover of the products to the courier, the Customer receives an e-mail confirmation from the courier that expressly states the name of the courier used, the estimated delivery date and the tracking code, which will allow the Customer to monitor the shipment at all times (“Confirmation of Shipment”). The product shipment date coincides with that on which the products are handed over to the courier responsible for their delivery.
3. Product delivery dates and costs vary depending on the destination country. All quoted delivery dates are indicative and non-binding for Drop. The product delivery costs are borne by the Customer, who is informed about them during the purchasing process, before the order is submitted. Lardini reserves the right to amend the shipping costs charged on the basis described above by, for example, providing free shipping solely for purchases that exceed a given spending threshold and/or solely for certain shipment countries and/or solely for specified days/periods during the year, publishing them on the Website and notifying the Customer about them during the purchasing process.
The customs duties for shipments to non-EU countries will be advanced by the Seller and borne by Lardini, so the Customer will not be charged extra on delivery of the products. The sales taxes or Goods and Services Taxes (GST) on shipments made to the United States of America and Canada will be borne in full by the Customer, who will be notified about their amount during the purchasing process, before the order is submitted.
The couriers arranged by the Supplier might not be able to deliver to locations that are especially difficult to reach; in those cases, Drop will inform the Customer that the order has been declined.
4. On delivery of the product(s), the Customer must check that (i) the number of packages agrees with that specified on the transport documents, and that (ii) the packaging is whole, without signs of damage, tampering or alteration. If the outcome of that check is not positive, the Customer must immediately express the relevant objections to the courier, rejecting the product or accepting it with reservations written on the transport document. Failing that, after signing the transport document presented by the courier, the Customer may not express any objections about the external appearance of the packages delivered. In addition, the Customer must notify Drop about the event, contacting the Customer Service department in accordance with art. 16 below, by and no later than 8 (eight) days after the product delivery date, to report any problems with the physical condition, conformity or completeness of the products received. All of the above, in every case, without prejudice to the right of the Customer to the legal warranty of conformity described in art. 13 below and to withdraw pursuant to art. 14 below.
10. LATE DELIVERY
1. If the products ordered in a Contract concluded with the Customer are not delivered by the dates indicated, the terms for their delivery to the Customer are understood to be extended up to a maximum of 30 (thirty) days following conclusion of the Contract.
2. In conformity with art. 61 of the Consumer Code, if the products are not delivered by the date indicated in art. 10.1, the Customer may:
- withdraw from the Contract in the manner indicated in art. 14.2 and obtain reimbursement in accordance with art. 14.4;
- or request completion of the delivery within a supplementary period of time appropriate to the circumstances. If the supplementary period expires without delivery of the products, the Customer is entitled to terminate the Contract, without prejudice to the right to reimbursement of all the amounts paid in execution of the Contract and to compensation for any losses incurred.
11. PRODUCT COLLECTION
1. If the products are not delivered due to absence by the Customer or for other reasons (wrong address, address not found etc.), another delivery will be attempted or the courier will store the products at its deport until their collection by the Customer, who will be informed about this in the attempted delivery notice. If the products are not collected by the deadline specified in the attempted delivery notice, they will be returned to Lardini. In that case, the Contract is understood to be legally terminated pursuant to art. 1456 of the Italian Civil Code, on notifying the Customer by e-mail, and the related purchase order will be cancelled. Within the next 15 (fifteen) days, Drop will reimburse the price paid for the products to the Customer, after deducting the cost of the unsuccessful shipment, the cost of returning the products to the Supplier and all other costs incurred by Drop as a result of failure to deliver the products due to absence or the inertia of the Customer in satisfying the obligation to receive the delivery.
2. Subsequent to the communication mentioned in art. 11.1, the Customer who intends to request delivery of the products ordered previously must, necessarily, submit a new purchase order, without prejudice to the right of Drop to decline that order.
12. CUSTOMER DECLARATIONS AND GUARANTEES
1. The Customer declares and guarantees:
- legal entitlement to accept these General Conditions;
- adult status;
- that the personal data and other information communicated to Drop during registration with the Website or on purchasing a product are true, correct and up to date. Drop reserves the right to check the information provided at any time and in any available manner, including by requesting the Customer for suitable supporting documentation and, in the event of infringements, to close or suspend the account of the Customer;
- that the Website will be used in compliance with all applicable legal or regulatory requirements, abstaining from any type of direct and/or indirect usage of the Website in conflict with the law, these General Conditions or the rights of third parties.
1. The Customer agrees to relieve and hold free Drop from all liabilities, actions, costs, expenses and claims that may derive from infringement by the Customer of the declarations made and guarantees given in art. 12.1, without prejudice in all cases to the right of Drop to terminate the Contract with immediate effect pursuant to art. 1456 of the Italian Civil Code.
13. LEGAL WARRANTY OF CONFORMITY
1. The products sold to the Customer via the Website benefit from the legal warranty of conformity provided by the Supplier pursuant to art. 128 et seq. of the Consumer Code (“Legal Warranty”). In order to benefit from this warranty, the Customer must retain and exhibit the invoice (or purchase receipt or transport document) that is received together with the delivery.
2. A Legal Warranty claim may be made for any non-conformities that existed when the product was delivered, on condition that they are found within 2 (two) years of delivery of the products concerned. The Customer is required to report non-conformities by contacting the Customer Service department in the manner indicated in art. 16; that report must contain a complete and accurate description of the alleged defects or faults. In that case, the Customer Service department must reply to the communication from the Customer, giving instructions for the return shipment of the defective products.
3. The Customer may, at his/her discretion, request the repair or the replacement of the products without any extra cost, unless the remedy chosen is objectively impossible or excessively onerous with respect to the alternative, having regard for all the circumstances and, in particular, those listed in art. 135-bis, para. 2, of the Consumer Code.
4. The Supplier may refuse to correct the product non-conformities by repair or replacement if those remedies are impossible or if the costs that the Supplier would have to incur are disproportionate, having regard for all the circumstances and, in particular, those listed in art. 135-bis, para. 2, letters a) and b), of the Consumer Code.
5. The Customer may request, at his/her discretion, a reasonable price reduction or termination of the Contract should any one of the following situations arise: (i) the Supplier has not made the repair or the replacement, or has not made the repair or replacement, if possible, pursuant to art. 135-ter, paras. 1, 2 and 3, of the Consumer Code, or has refused to correct the product non-conformities pursuant to art. 13.4 above; (ii) a non-conformity is still found despite an attempt by the Supplier to correct the product non-conformities; (iii) the non-conformity is so serious as to justify an immediate price reduction or termination of the Contract; (iv) the Supplier has stated, or it is clear from the circumstances, that the product non-conformity will not be corrected within a reasonable period or without considerable inconvenience to the Customer. It is understood that the Customer is not entitled to terminate the Contract if the non-conformity is only slight.
6. If the alleged non-conformity is found to exist following return of the product, any and all product transportation, repair or replacement costs will be borne in full by the Supplier. Conversely, if the alleged non-conformity is found not to exist or no basis is found for application of the Legal Warranty, the Legal Warranty will not apply and all transportation expenses, as well as the costs associated with checking the alleged non-conformity, will be borne by the Customer, who will be informed about the situation.
7. The Customer acknowledges and accepts that the Legal Warranty does not cover any defects or damage arising after delivery of the products including, for example, those caused by their improper use by the Customer or third parties.
14. RIGHT TO WITHDRAW
1. Pursuant to art. 52 et seq. of Decree 206/2005, as amended, the Customer is entitled to withdraw from the Contract, without explanation, within 14 (fourteen) days of delivery of the products, being the date on which the Customer or a third party designated by the Customer obtains physical possession of the products. If the Customer purchased several products in one order that were delivered on different dates, the withdrawal period expires after 14 (fourteen) days have elapsed from the delivery date of the last product. Withdrawal is not allowed in the case of products for which this right is expressly excluded pursuant to art. 59 of Decree 206/2005, as amended (for example, made-to-measure or clearly customised products).
2. In order to exercise the right to withdraw, pursuant to art. 54 of the Consumer Code the Customer may, at his/her discretion, proceed as follows:
* send the withdrawal form, completed in full, to the Seller at the following address: firstname.lastname@example.org. This form is published on the Website at the link provided below;
* send a declaration, expressing the wish to withdraw from the Contract, to the Seller at the following address: email@example.com.
In all cases, the Customer must quote the order number indicated in the Confirmation of Receipt, referred to in art. 5.4 above, in the e-mail exercising the right to withdraw or on the withdrawal form.
3. On receipt of the request to withdraw, Drop will send a confirmation of receipt to the Customer by e-mail without delay, together with the return form to be included in the package and instructions on how to return the product.
4. In the event of withdrawal, all amounts paid to Drop in execution of the Contract will be returned to the Customer, including the delivery costs (excluding any supplementary costs deriving from selection by the Customer of a more expensive method of delivery than the standard method offered by Drop), less - if applicable - the return costs and any customs charges levied on returns from non-EU countries, as specified in more detail below.
The repayment will be made without undue delay and, in all cases, within 14 (fourteen) days of the date on which Drop was informed of the decision of the Customer to withdraw from the Contract.
Refund times following a cancellation may be longer if any duties borne by the customer have to be deducted from the refund, as specified below. All amounts are repaid using the same means of payment used by the Customer for the original transaction.
The Supplier will arrange to collect the returned product from the Customer using its own couriers.
The return costs are borne by the Customer and amount to:
|Spese Spedizione Reso
The customs charges levied on returns from non-EU countries are also borne by the Customer. For the convenience of the Customer, the return costs and customs charges - if due - will be deducted from the amount repaid.
The product return costs and any customs charges due are always borne by the Customer, even if the Customer decides not to use the courier made available by the Supplier for the return.
In the case of withdrawal, any local taxes and GST paid by the Customer pursuant to art. 9.3 will not be reimbursed.
5. Should the Customer choose not to return the product using the courier made available by the Supplier, the Customer must still return or deliver the product to Lardini without undue delay and, in all cases, within 14 (fourteen) days of the date on which Drop was informed of the decision to withdraw from the Contract. This deadline is met if, within 14 (fourteen) days, the Customer makes the return shipment to the following address: Lardini S.p.A. - eCommerce Division, Via Achille Grandi 15/a, 60024 Filottrano (AN), Italy. In that case too, all product return costs are borne by the Customer.
6. Please note that exotic leather products subject to C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973) certification, delivered outside of the territory of the European Union, may only be returned if accompanied by the certificate issued by the competent authority. A Customer who intends to return that type of product is therefore required to obtain the documentation necessary for its return and incur the related expenses, which will not be borne by Drop under any circumstances.
7. Unless Drop arranges to collect the product returned, Drop may suspend the reimbursement due following exercise of the right to withdraw until its return, or until the Customer provides evidence that the return shipment has been made, depending on which situation arises first.
8. The Customer must return the complete product undamaged, without removal of the original labels and in its original packaging. The product must be packaged carefully, in order to protect the original wrappings from damage, including by writing on them or applying sticky labels.
9. If the right to withdraw expires due to the passage of time, or the return cannot be accepted because the conditions specified in art. 14.8 are not satisfied, Drop will notify the Customer by registered letter with confirmation of receipt; if already returned, the product will remain available at the Lardini warehouse (Lardini S.p.A. - eCommerce Division, Via Achille Grandi 15/a, 60024 Filottrano (AN), Italy) for collection by and at the expense of the Customer.
15. PROTECTION OF PERSONAL DATA
16. CUSTOMER SERVICE
The contact details of the Customer Service department, which is available to the Customer for information, support or complaints, are provided below:
17. ON-LINE DISPUTE RESOLUTION
The Customer may use the platform established by the European Commission to resolve disputes about on-line sales contracts (“ODR Platform”). Via the ODR Platform, the Customer and Drop can resolve disputes about on-line purchases with help from an impartial body.
The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
18. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed entirely by the laws of Italy. The rules of conflict are excluded, as are the rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980. The above without prejudice, in all cases, to the mandatory laws applying in the country in which the Customer habitually resides. All disputes that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or each Contract - should the Customer intend to make recourse to the ordinary Judicial Authorities - will be referred to the sole jurisdiction, at his/her discretion, of the Fermo Court or the Court of the country of residence or domicile of the consumer, if this last country is a Member State of the EU.
The Seller will refer all disputes arising in the context of these General Conditions to the competent court of the country in which the Customer habitually resides, if that is an EU Member State; otherwise reference will be made to the Fermo Court.