General terms and conditions of online sale
The sale of the Products through this online store (the “website”) is proposed by the company LEMA S.p.A. and these general terms and conditions of online sale are drafted in compliance with Italian regulations concerning online and remote sales.
LEMA S.p.A. - S.S. Briantea 2 - 22040 Alzate Brianza (Co) - Italy
VAT number 00222090136
E-mail: [email protected]
The Customer declares to have read all the information relative to the Products and these general terms and conditions of sale, prior to proceeding to the confirmation of the order.
General Terms and Conditions of Sale
These general terms and conditions of sale (“General Conditions”) govern the procedures and the conditions of sale of the Products sold by LEMA S.p.A. (“the Products”).
All the sales contracts of the Products between LEMA S.p.A. and the Customers are governed by these General Conditions, which are an integral and substantial part of every proposal, order and creation of a purchase order for the Products. The General Conditions that are applied to the orders are those in force at the time of the creation of the order by the customer.
Products: Prices and characteristics
1.1 The prices of the Products are published on the Website of LEMA S.p.A. and the Products are sold in the local currency. The sales price to the Customer are normally those present on the Website on the day in which the order is issued by the Customer. However, it could happen that the synchronisation between the list price and the indicated price on the website does not take place in real time. Should this circumstance occur, Lema will specify it with an additional note after the communication of the order received, with the indication of the updated price.
1.2. The Prices published on the Website of LEMA S.p.A. annul and replace the previously published prices; the prices are, in any case, subject to variations due to the availability of the Product chosen by the Customer/Consumer.
1.3 The technical and functional features of the Products published and present on this Website in order to describe the Products have been indicated by LEMA S.p.A. The latter is not responsible for the completeness of the information provided. The images and descriptions of the Products should therefore be understood as solely indicative.
LEMA S.p.A. reserves the possibility of structural or formal changes in the products and/or prices of the same. As for colours and finishes, LEMA S.p.A. has tried to make them as similar as possible to those of the actual products. However, it is not possible to guarantee an exact match between the colours, finishes and images shown on the website and the actual ones. The representation of the colours is limited by the technology used and may vary depending on the type of screen and/or print settings being used.
We encourage you to view the Products also in the store or contact [email protected] for more information about them.
1.4 The Products cannot be ordered for testing purposes. Although LEMA S.p.A. provides Customers with Product information, the Customers are responsible for the choice of the Product or Products they order.
2. Orders - billing
2.1. Each order created by the Customer represents a contractual proposal by the Customer. Confirmation of the order by LEMA S.p.A. is understood as confirmation and acceptance of the order.
2.2. The fiscal documents relating to the orders will be issued by LEMA S.p.A. at the time of delivery of the Products to the Customer.
2.3. The invoice will be issued by LEMA S.p.A. The Customer must provide the exact data required and the billing address in the checkout step.
3. Completion of the order
3.1. The order will be processed and completed according to the terms indicated in the Website.
It should also be noted that no change in the order (for example, relating to the upholstery and finish, to the colour or other details) may be accepted if the ordered Products have already gone into production.
In the event that an order is confirmed by LEMA S.p.A., the Customer may only be able to cancel it within the successive 24 hours; following that period, the Customer is then required to pay the price of the confirmed order.
It is understood that, under applicable law and in accordance with the LEMA S.p.A. goods return policy (see art. 9 Right of withdrawal) the Customer may return the Products ordered within 14 days of the date of delivery.
4. Acceptance of the order
4.1. Following an online purchase on its website, Lema will send a notification that it has received the order with the relative summary and costs of the goods. After that, once the availability and payment have been verified, it will send the confirmation/invoice. The notification of the order request is to be considered as solely indicative of the receipt of the order expressed by the Customer. The sales contract (“Sales Contract”) is understood as concluded only upon receipt of the confirmation/invoice.
4.2. The Customer remains aware of the circumstances in which LEMA S.p.A. may not accept the orders it receives, for any type of reason.
5. Delivery of the Products
5.1. The Products will be sent to the address indicated by the Customer in the order.
The delivery will be made as soon as LEMA S.p.A. has knowledge of payment:
payment by credit card will be proven by the confirmation of the transaction by the relevant circuit while payment through PayPal will be proven by the confirmation of the transaction by the PayPal platform. Lema also reserves the right to accept payments by bank transfer at the Customer’s express request and, if accepted, this will be proven by the credit on the current account indicated for the transaction.
5.2 The shipment of the Products purchased on the Website will be in accordance with the delivery times provided at the time of the creation of the order. Please note that the delivery date is indicative: each product may have different delivery times, depending on the supply of the materials, production process, etc. The actual delivery times are those indicated in the confirmation/invoice notification.
LEMA S.p.A. reserves the right, if deemed necessary, to divide the delivery of the Products into different times (even if the Products are part of the same order).
The delivery is understood as being completed when the Products arrive at their destination at the address indicated by the Customer at the time of the order.
The bill of delivery issued by the carrier, dated and signed by the Customer, is proof of the successful transport and Delivery of the Products, and determines the start of the legal warranty period.
5.3. When referring to delivery, one refers to “roadside” delivery: the Products will not be delivered to the Customer’s floor and no trade-ins are made. Any additional service that might by optioned by the Customer is understood as an additional service and will have to be paid for separately.
Special arrangements for delivery to be carried out in particular conditions will have to be agreed upon in advance by the Customer with LEMA S.p.A. and accepted by LEMA in writing.
Unless it is expressly indicated by the brand or agreed upon in writing by the same, LEMA S.p.A. does not offer assembly service of the Products purchased online.
Almost all of our products are delivered pre-assembled: the final assembly is usually very simple and described in the instruction manual that accompanies the Product.
At the time of delivery, the Customer must check the contents of the package and check for compliance with what has been purchased and the status of the Products. LEMA S.p.A. recommends checking the general status of the Products before signing the bill of delivery. In particular, the Customer must verify that:
- the number of packages corresponds to the number indicated in the relevant bill of delivery;
- the Product and package are intact, undamaged, neither damp nor altered, and that the contents are intact.
If the Customer notices any anomalies, he or she may refuse the delivery of the Product or, alternatively, may report on the bill of delivery in writing his or her reservations, then dating the document.
If the Customer signs the bill of delivery without specifying any reservations, it will not be possible for the same to dispute the external conditions of the Products that have been delivered. Issues related to the integrity, compliance and completeness of the Products that have been delivered must be reported to LEMA S.p.A. within 8 days after delivery.
6. Delivery of the products – Absence of the Customer
6.1. When the Product is ready for delivery, the company in charge of the delivery will contact the
Customer directly, notifying him or her of the presence of the goods ready for loading, and agreeing upon the delivery within the following week, at the location indicated at the time of signing the Contract.
6.2 If the delivery of the Product does not take place on the delivery date agreed upon with the transport company for reasons that can be attributed to the Customer (for example, for the absence of the Customer or for not having alerted the carrier pursuant to the following paragraph), the Customer is required to reimburse the costs incurred by LEMA S.p.A. for any subsequent deliveries.
If the Customer, within 48 hours of confirming the delivery date to the transport company, notifies to the latter the need to reschedule the delivery, the same will be rescheduled at no additional cost.
6.3 In the event that, upon the notification that the goods are ready, the Customer asks for a postponement of delivery after the 21st day from the carrier’s first telephone call, the Customer will be charged for the holding costs, where they apply, and to the extent that will be calculated by LEMA S.p.A.
If the Customer is unable to accept the delivery of the Product within 60 days of the notification that the goods are ready, LEMA S.p.A. reserves the right to terminate the Sales Contract, withholding the amount paid by the Customer at the time of the purchase order.
The delivery of the goods will be carried out on weekdays, during usual working hours.
6.5 It is the responsibility of the Customer to ensure that there is adequate access and space to receive and place the Product at the time of delivery. If, due to omitted, incorrect or partial information provided at the time of the signing of the Sales Contract, the delivery is not possible (e.g. presence of non-standard spaces/stairs/doors, structural impediments, restricted traffic area), the costs of possible use of different tools and equipment (platforms, ropes, etc.) for the delivery of the Product will be borne in full by the Customer.
7. Events of force majeure
7.1 The following cases are understood as events of force majeure:
- natural disasters, health emergencies, total or partial strikes, internal or external to the Company, stop of the transport vehicles for any reason, government or legal restrictions, computer failures, telecommunications blocking, including networks and the Internet, Website malfunction.
In case of an event of force majeure, the order will be suspended. If, three months after the suspension, the parties should confirm the persistence of the event of force majeure, the order will be automatically cancelled, unless the parties agree otherwise in writing.
8. Legal guarantee and the Manufacturer’s commercial warranty
8. 1 All the Products are covered by legal guarantees of compliance and by the Manufacturer’s Warranty.
8.2 Legal Guarantee. LEMA S.p.A. is obliged to deliver to the Customer Products that comply with theSales Contract, pursuant to art. 128 and following articles of the Consumer Code.
The legal guarantee has a duration of 24 months, starting from the date of delivery of the Product to the place of agreed delivery, and operates in the event that the instructions for the use and maintenance of the Product have been complied with, if no alteration is made to the Products and if any replacements of parts of them are performed in accordance with the original technical specifications provided by the manufacturer and in the information booklet. In the aforesaid limits, the warranty applies to the Product that has a compliance defect on the cushions, mattresses, reclining mechanisms, seams, manual and/or electronic devices, suspension systems (elastic bands), upholstery and finish.
The Customer must report the compliance defect to LEMA S.p.A. within two months of the discovery of the defect, or from the date on which he or she could have reasonably been aware of the defect itself, accompanying the complaint (to be sent, by e-mail, to the address indicated in the Contract) with appropriate photographic documentation, ID number (photo of the label or order number/invoice), description of the defect, forfeiting - otherwise - the possibility of exercising the rights referred to in the Consumer Code.
In the case of compliance defects reported by the Customer to LEMA S.p.A., and recognised as such by the latter, the Customer may ask for the product to be repaired or replaced, without paying any costs that are necessary for making the Products compliant, unless the chosen remedy is objectively impossible or overly burdensome compared to the alternative solution.
If, as a result of verification by LEMA S.p.A., the defect declared by the Customer does not turn out to be a defect of compliance with applicable law, the Customer will be charged any costs of verification, repair and transport.
9. Right of withdrawal
9.1. Under article 52 of Leg. Decree no. 206/2009 the Customer (if he or she is identifiable with the Consumer) has the right to withdraw from the Sales Contract and return the Products ordered no later than 14 (fourteen) days from the date of delivery, without having to provide a reason and without having to pay any penalty.
9.2 The Customer may exercise his or her right of withdraw from the Sales Contract within 14 days of delivery without providing any reason. The right of withdrawal may not be exercised after 14 days from the date on which the Customer or a third party indicated by the Customer himself or herself, and in any case, different from the transporter, acquire ownership of the Products.
The Customer must inform LEMA S.p.A. of his or her willingness to exercise the right to withdraw from the Sales Contract by means of an e-mail to: [email protected]
In order not to incur the forfeiture of the right to withdraw from the Sales Contract, it is necessary that the Customer transmits the notice of intention to exercise the right of withdrawal before the expiration of the term of the period of forfeiture of the right itself.
9.3 In the event of withdrawal from the Sales Contract, LEMA S.p.A. will refund the Customer all the sums received including delivery costs (except for the additional costs due for particular requests of delivery selected by the Customer under article 5.3)
The refund will be made without delay and within 14 days of the date on which LEMA S.p.A. has received the products returned from the customer.
The refund will be made using the same means of payment used for the initial transaction.
9.4 The Customer will need to return the Products to the address agreed upon by e-mail with Customer Service at [email protected], without delay and, however, no later than the fifteenth day after the Customer has indicated that he or she intends to withdraw from the Sales Contract. The term of forfeiture is respected if the Customer delivers the goods before the 15-day deadline has expired.
The Customer must return the Products in the original packaging. The shipping costs of the Products to be returned are borne by the Customer.
9.5 The Customer will be liable in the event of the devaluation of the value of the Products returned due to the use of the Product that is not required for determining the nature, characteristics, and functionality of the Product. The Products must therefore be returned in the same conditions in which they were delivered to the Customer.
9.6 Pursuant to article 59 letter c) of the Italian Consumer Code, the right of withdrawal referred to in the
preceding article 9.1 is excluded in the event that the Product purchased by the Customer has been made on the basis of specifications indicated by the Customer, such that the Product is clearly customised, i.e. devalued or even soon to be perishable.
The Customer must pay for the Products at the time he or she confirms the order.
The Customer agrees to pay the agreed upon price for the Products ordered on the Website (price of the Product + transport costs) and agrees to pay, if due and directly to the carrier, the VAT and any other tax relative to the importation of the Product to the country of destination.
The means of payment that can be used for the payment of the Products ordered are as follows:
- credit card /PayPal or any other that will be indicated on the Website.
Complaints for non-compliance of the Products compared to the confirmed order must be sent in writing to LEMA S.p.A. In the event that the Customer is a consumer, the complaints are regulated by Leg. Decree 206/2005.
The Customer must keep the bill of delivery and the accounting documentation for the purchase made.
12. Data Protection
12.1 The Customers’ personal data, including e-mail addresses of the users of the Website, are processed in compliance with Leg. Decree 196/2003 “Personal data protection code” and with Leg. Decree no. 101 of 10 August 2018, “Compliance Rules to EU Regulation2016/679”: under the above, this processing is based on principles of fairness, legality and transparency and protection of your privacy and rights.
The personal information requested and related to the Customer is essential for processing and shipping the order, issuing invoices and drawing up warranty agreements, as necessary. For this purpose, LEMA S.p.A. can provide the suppliers with this personal information.
12.2 The Customer may object to this policy and have the right to access, change, modify and delete all data about him or her, writing to LEMA S.p.A. S.S. Briantea 2, 22040 Alzate Brianza (CO), Italy.
13. Electronic signing
The click of approval is a form of electronic signature. Between the Customer and LEMA S.p.A. it is understood that the signature has the same legal value as the autograph signature.
14. Failure to renounce
The fact that LEMA S.p.A. does not exercise one or more rights that are due to it or does not apply some of the provisions of these General Conditions does not imply that LEMA S.p.A. will renounce in the future to exercise its rights and to apply the contractual provisions.
15. Entirety and invalidity
These General Conditions of Sale constitute the obligations of the parties. No other term and/or general or special condition communicated by the Customer may be included in these General Conditions nor can it deviate from them.
If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to law, by the regulations or following a decision by a court of law having jurisdiction over it, the other provisions will continue to be in force in their entirety and have complete efficacy.
16. Intellectual Property
LEMA S.p.A. owns the intellectual property rights on the Website and the right to have the data constitute the catalogue for the electronic store. As a result, it is prohibited to use the data contained in the Website, in the catalogue or any other form of dissemination for making them available to third parties, as is prohibited the partial or total reproduction of the data in the Website.
17. Applicable law and Exclusive jurisdiction
These terms and conditions of sale and the relative contract that derives as a result are regulated exclusively by Italian Law.
For any disputes that may arise against Lema S.p.A. for the validity of the contract, for its interpretation, for defects of the products or reimbursement for damages that this product may produce, the Court of Como shall have exclusive jurisdiction, and as required, the Conciliation Body of the Court of Como.
Pursuant to arts. 1341-1342 of the Italian Civil Code, the Customer EXPRESSLY accepts the following clauses: 1 (prices and characteristics), 2 (orders and billing), 3 (completion of the order), 4 (acceptance of the order), 5 (delivery of the products), 6 (delivery of the products-absence of the customer), 7 (events of force majeure), 8 (legal and commercial guarantee), 9 (right of withdrawal), 10 (payments), 11 (complaints), 12 (data protection), 13 (electronic signing), 14 (failure to renounce), 15 (entirety and invalidity), 16 (intellectual property), 17 (applicable law and exclusive jurisdiction).