TERMS OF SALE
Terms and Conditions of Sale
The Purchaser expressly declares to be purchasing for purposes unrelated to any commercial or professional activity performed.
Seller Identification
The goods covered by these general conditions are offered for sale by The Luxury Club S.A.S with registered office in ROME, via Eugenio Viollier Torelli n. 109 (00157 – RM), registered with the Rome Chamber of Commerce at no. – 16231321007 of the Business Register, tax code and VAT number 1631321007 pec: theluxuryclub@legalmail.it, tel. 3440569260 e-mail: info@theluxuryicons.it hereinafter referred to as the «Seller».
1) DEFINITIONS
1.1 The term "online sales contract" means the sales contract concerning the Seller's used tangible movable goods, stipulated between the Seller and the Buyer within a distance selling system using electronic means, organized by the Seller.
1.2 The term "Buyer" refers to a natural person of legal age, who makes the purchase, as per this contract, for purposes unrelated to any commercial or professional activity performed, and who expressly declares to elect domicile, for the purposes of this contract, at the Seller's registered office.
1.3 The term "Seller" refers to the entity indicated in the preamble.
2) SUBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Seller sells and the Buyer purchases remotely, via electronic means, the used movable goods, better indicated and specifically detailed and offered for sale on the website www.theluxuryicons.it
3) METHODS OF STIPULATING THE CONTRACT
3.1 The contract between the Seller and the Buyer is concluded exclusively via the internet by the Buyer accessing www.theluxuryicons.it where, by following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods referred to in article 2.1).
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded by the accurate completion of the request form and the consent to the purchase expressed through the online acceptance or by completing the online form attached at www.theluxuryicons.it and the subsequent submission of the form itself, always after viewing a printable summary web page of the order, which includes the details of the orderer and the order, the price of the purchased item, shipping costs and any additional ancillary charges, payment methods and terms, the address where the item will be delivered, delivery times and the existence of the right of withdrawal.
4.2 When the Seller receives the order from the Buyer, the Seller will send a confirmation e-mail or display a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point. From this moment, the order cannot be modified.
4.3 The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point, and in any case, the application of the provisions of article 1335 of the Civil Code is excluded.
5) PAYMENT AND REFUND METHODS
5.1 Any payment by the Buyer may only be made by one of the methods indicated on the specific web page by the Seller.
5.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in case of exercising the right of withdrawal, as regulated by subsequent article 13) of this contract, within a maximum of 30 days from the date on which the Seller became aware of the withdrawal.
5.3 All communications relating to payments take place on a dedicated line protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the current regulations on personal data protection.
6) SHIPPING
6.1 The Seller will deliver the selected and ordered products via UPS courier. Shipping is free in Italy as indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2).
6.2 Shipping times may vary from the same day of the order to a maximum of 3 working days from its confirmation. In the event that the Seller is unable to ship within this period, timely notice will be given to the Buyer via e-mail. Deliveries in Italy are usually 1-2 working days.
The package collection service at a UPS Access Point is also available.
7) PRICES
7.1 All sales prices of the products displayed and indicated on the www.theluxuryicons.it website are expressed in euros and constitute a public offer pursuant to art. 1336 of the Civil Code.
7.2 The sales prices, as per the previous point, include VAT where applicable and any other taxes. Shipping costs and any ancillary charges, if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is submitted by the Buyer and also contained in the order summary web page.
7.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
8) PRODUCT AVAILABILITY
8.1 The Seller ensures, through the electronic system used, the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2 The Seller's IT system confirms the registration of the order as soon as possible by sending the user an email confirmation, pursuant to point 4.2).
8.3 The products offered in the online catalog, being used goods, are available in limited numbers, therefore, it may happen that the ordered product is no longer available after the purchase order has been registered. In any case of unavailability of the ordered product, the Buyer will be promptly informed by e-mail and the purchase order will be canceled. If payment has already been made, the Seller will refund the amount paid by the Buyer, including contributions to order fulfillment costs and shipping costs, immediately, and in any case within thirty days from the day following the registration of the order. The refund amount will be communicated by e-mail and credited to the same payment method used for the purchase or by bank transfer.
9) LIMITATIONS OF LIABILITY
9.1 The Seller assumes no responsibility for disruptions due to force majeure, if it is unable to execute the order within the time specified by the contract.
9.2 The Seller shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for malfunctions or disservices related to the use of the internet network outside of its control.
9.3 The Seller will also not be responsible for damages, losses, and costs incurred by the Buyer as a result of the non-execution of the contract due to causes not attributable to it, the Buyer being entitled only to the full refund of the price paid and any ancillary charges incurred.
9.4 The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for the purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no case may the Buyer be held responsible for delays or inconveniences in payment if they prove to have made the payment within the times and methods indicated by the Seller.
10) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: SELLER'S OBLIGATIONS.
10.1 Pursuant to articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the sold good if it fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or the person who supplied the good.
10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to inspect the product, if still existing.
10.3 The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to an imperative legal norm or a binding provision, or if the state of scientific and technical knowledge, at the moment the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4 No compensation will be due if the injured party was aware of the defect of the product and the danger deriving from it and nevertheless voluntarily exposed themselves to it.
10.5 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6 The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided that it is of a type normally intended for private use or consumption and thus primarily used by the injured party.
10.7 Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of Euro 387.00 (three hundred eighty-seven euros).
11) WARRANTIES AND ASSISTANCE METHODS
11.1 The Seller is responsible for any conformity defect that manifests itself within 12 months from the delivery of the goods. Since it is a used good, in assessing the defect, the time and previous use must necessarily be taken into account, limited to defects not resulting from normal use of the item.
11.2 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the purposes for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer; c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on labelling; d) they are also fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted even by conclusive facts. 11.3 The Buyer forfeits all rights if they do not report the lack of conformity to the seller within two months from the date on which the defect was discovered. Reporting is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4 In any case, unless proven otherwise, and without prejudice to what is specified in art. 11.1), it is presumed that conformity defects that manifest themselves within six months from the delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or with the nature of the conformity defect.
11.5 In case of a conformity defect, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the requested remedy is objectively impossible or proves to be excessively burdensome for the Seller compared to the other, pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6 The request must be sent in writing, by registered letter with return receipt, to the Seller, who will indicate their willingness to grant the request, or the reasons preventing them from doing so, within seven working days of receipt. In the same communication, if the Seller has accepted the Buyer's request, they must indicate the methods of shipping or returning the goods as well as the expected term for the return or replacement of the defective goods.
11.7 If repair and replacement are impossible or excessively burdensome, or the Seller has not carried out the repair or replacement of the goods within the communicated deadline in compliance with the provisions of the previous point or, finally, the previously carried out replacement or repair has caused considerable inconvenience to the Buyer, the Buyer may request, at their choice, a suitable price reduction or the termination of the contract. In this case, the Buyer must send their request to the Seller, who will indicate their willingness to grant it, or the reasons preventing them from doing so, within seven working days of receipt.
11.8 In the same communication, if the Seller has accepted the Buyer's request, they must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for re-crediting the sums previously paid to the Seller.
12) BUYER'S OBLIGATIONS
12.1 The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract.
12.2 The Buyer undertakes, once the online purchase procedure is completed, to print and keep this contract.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before purchase confirmation.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer always has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods. In particular, the aforementioned term will start: (i) from the day on which the Buyer or a third party, other than the carrier and designated by the latter, acquires physical possession of the goods; (ii) in the case of a sales contract relating to multiple goods, ordered in a single order and delivered separately, from the day on which the Buyer or a third party, other than the carrier and designated by the latter, acquires physical possession of the last good; (iii) in the case of a sales contract relating to the delivery of a good consisting of multiple lots or pieces, from the day on which the Buyer or a third party, other than the carrier and designated by the latter, acquires physical possession of the last lot or piece.
13.2 In the event that the Seller has not fulfilled the information obligations on the existence, methods and times of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in art. 52 of the Consumer Code, the term for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
13.3 If the Buyer decides to exercise the right of withdrawal, they must notify the seller by registered letter with return receipt to the address Via Eugenio Viollier Torelli n. 109 Rome (00157 – Rm), or by telephone at 3440569260 via e-mail at info@theluxuryicons.it, provided that such communications are confirmed by sending a registered letter with return receipt to the aforementioned address within 48 (forty-eight) subsequent hours. The postmark affixed by the post office on the receipt issued will be valid between the parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that within the same terms. The date of delivery to the post office or to the courier will be valid between the parties.
13.4 In case of withdrawal, the goods must be returned by the courier designated by the Seller, to the address indicated by the Seller, in their original packaging, intact, free from tampering and misuse, equipped with the dust bag, or its box, the original sales documentation and certification, and the specific security tag/seal within and no later than 30 (thirty) days from the date of receipt of the goods.
13.5 The Buyer cannot exercise this right of withdrawal for goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, as well as for goods whose price is dependent on fluctuations in the financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the Consumer Code.
13.6 In case of exercising the right of withdrawal, the Buyer is required to bear the direct costs for returning the goods to the Seller.
13.8 Upon receipt of the communication in which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the preceding points of this article.
14) CAUSES FOR TERMINATION
14.1 The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of successful payment made by the Buyer using the methods referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential, so that by express agreement, the non-fulfillment of even one of these obligations, if not caused by unforeseeable circumstances or force majeure, will result in the ipso jure termination of the contract pursuant to art. 1456 c.c.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA
15.1 The Seller protects the privacy of its customers and guarantees that data processing complies with the provisions of privacy legislation as per Legislative Decree no. 196 of 30 June 2003.1
15.2 The personal and fiscal data acquired directly and/or through third parties by the Seller Gioielleria Vintage S.r.l., the data controller, are collected and processed in paper, electronic, and telematic form, in relation to the processing methods for the following purposes: 1) to register the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow for effective management of commercial relationships to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003)2; 2) to allow navigation through the public web pages of our site; 3) to respond to requests received through the electronic addresses published on the site; 4) to obtain anonymous statistical information on the use of the site (e.g., analysis of the most visited pages); 5) to obtain anonymous statistical information on the geographical areas of origin; 6) to check the correct functioning of the site; 7) to ascertain any liability in the event of unlawful acts committed to the detriment of the site. The personal data of users who register on the site will be processed, in addition to the purposes described above, also for purposes related to the requested services and in particular for: a) allowing navigation through the reserved web pages of our site; b) registering users for the requested service; c) fulfilling the contractual obligations of the requested service; d) marketing purposes; e) sending advertising, technical, and promotional information via email. In compliance with the aforementioned purposes and without prejudice to communication to third parties carried out in fulfillment of legal obligations or derived from regulations or other community legislation, data may be communicated by the Seller in Italy and abroad to third parties who perform data analysis activities for statistical purposes and to third parties in charge of site maintenance by the Data Controller and under its supervision. The personal data of registered users may also be communicated to subjects appointed by the Data Controller who provide the services available on the site. No personal data acquired from the web service will be disseminated. Any communication and dissemination will in any case take place in compliance with the purposes of the processing described above.
15.3 The Seller undertakes to treat with confidentiality the data and information transmitted by the Buyer and not to reveal them to unauthorized persons, nor to use them for purposes other than those better indicated in point 15.2) and for which they were collected or to transmit them to third parties. Such data may be exhibited only at the request of the Judicial Authority or other authorities authorized by law.
15.4 Personal data will be communicated, after signing a confidentiality agreement, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
15.5 The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, namely:
the right to obtain:
a) the updating, rectification or, when interested, integration of the data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those for which retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) the certification that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves a manifestly disproportionate use of means compared to the protected right. The interested party also has the right to object, in whole or in part:
i) for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the purpose of collection;
ii) to the processing of personal data concerning him/her for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6 The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the purchase cannot be processed.
15.7 In any case, the acquired data will be stored for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case be carried out securely.
15.8 The data controller for the collection and processing of personal data is the Seller, to whom the Buyer may address any request at the company headquarters.
15.9 Anything that should arrive at the Seller's postal (including electronic) address (e.g., requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid, non-infringing and truthful information. In any case, the Seller cannot be held responsible for the content of the messages themselves.
16) CONTRACT AND DATA STORAGE METHODS
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Seller informs the Buyer that every order submitted is stored digitally on the provider's server where the data is kept at the following URL: https://www.siteground.com/terms.htm, paper orders are kept at the Seller's premises, in both cases orders and data are kept according to criteria of confidentiality and security.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications addressed to the Seller and any complaints will be considered valid only if sent to the following address: Via Eugenio Viollier Torelli n° 14, 20123 Milan, or sent by fax to number ---- or sent by e-mail to the following address info@theluxuryicons.it. The Buyer indicates in the registration form their residence or domicile, telephone number or e-mail address to which they wish the Seller's communications to be sent.
18) DISPUTE RESOLUTION
18.1 All disputes arising from this contract will be referred to the "101 Mediatori" mediation body and resolved according to the Regulations adopted by it, also electronically.
18.2 Should the Parties intend to appeal to the ordinary Judicial Authority, the competent court - in the case of a consumer - is that of the consumer's chosen domicile, non-derogable pursuant to art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005; otherwise, the exclusive competent court will be that of Rome.
19) APPLICABLE LAW AND REFERENCE
19.1 This contract is governed by the Law of the Italian Republic.
19.2 For anything not expressly provided herein, the legal provisions applicable to the relationships and situations provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 of Legislative Decree no. 206/05, the provisions contained in Part III, Title III, Chapter I of Legislative Decree no. 206/05 are expressly referred to.
20) FINAL CLAUSE
This contract abrogates and replaces any prior agreement, understanding, negotiation, written or oral, between the parties concerning the subject matter of this contract.
1 General Provision of the Guarantor for the Protection of Personal Data "Simplifications of certain obligations in the public and private sector with respect to processing for administrative and accounting purposes" of 19 June 2008, published in the Official Gazette
2 General Provision of the Guarantor for the Protection of Personal Data "Practical Guide to simplification measures for small and medium-sized enterprises" of 24 May 2008, published in the Official Gazette 21 June 2007, no. 142.
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