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Published on the website and entered into force on 20/11/2019
These general use and Online Sale Terms and Conditions (hereinafter “Online Terms and Conditions”) regulate - on the one hand - the conditions for the sale of the goods offered by Olip S.p.A. (hereinafter “products”) through the website www.luckysize.com (hereinafter “the website”) and - on the other hand - the conditions for the use of the Website, and do not regulate, on the other hand, the sale of products or services by subjects other than the Seller who are present on the Website via links, banners, or other hypertext links. The Seller shall not be liable for the provision of goods and services by third parties.
The seller of the products present on the www.luckysize.com website (hereinafter “Seller”) is Olip S.p.A., with registered office in Lazise, via Confine 13, tax code, VAT number IT00384170239 and Number of Registration in the Companies’ Register of Verona 130228.
The Seller is the owner of the website www.luckysize.com, as well as the owner of the rights on the Website’s domain name, of the logos and trademarks related to the products presented on the Website and of the copyright of the Website’s contents.
Anyone accessing the website agrees to use its contents and services in compliance with the law and with these Online Terms and Conditions.
Olip S.p.A. undertakes to guarantee the uninterrupted availability of the Website. Access, however, may be temporarily interrupted due to activities related to maintenance, update, upload of new products and/or issues not attributable to Olip S.p.A.
Olip S.p.A. assumes no liability deriving from (by way of example but not limited to):
The seller reserves the right to amend, at any time and without prior notice, the use and sale Terms and Conditions, also in order to comply with the applicable regulatory framework.
In case of change to the Online Terms and Conditions, the purchase shall be governed by the Online Terms and Conditions published on the website at the time the Consumer’s purchase order is sent.
It will be possible to check, in the appropriate section of the Website, any previous versions of the Online Terms and Conditions, which may be saved and printed.
Before sending the purchase order, the User must read carefully and accept these Online Terms and Conditions. In any case, the transmission of the Purchase Order shall imply full familiarity with and express acceptance of both these Online Terms and Conditions and all that is mentioned in the Order Proposal.
The User/Customer/Consumer shall exclusively bear any expenses for connection to the Website over the Internet, including phone charges, in accordance with the prices applied by the provider chosen by the Consumer.
The Products present on the Website are offered to adult customers. By placing an order through the Website, the Consumer guarantees that he/she is over 18 and that he/she has the legal capacity to stipulate binding contracts. The Customer/Consumer shall be identified with the use of the data that he/she has entered in the Order Proposal. It is forbidden to enter false and/or invented data: the Seller shall bear no liability regarding this matter.
The purchases of the Products through the Website are intended for the exclusive use of consumers as they are identified by (It.) Legislative Decree no. 206/2005 (Consumer Code). If one or more sales are made to a person who does not qualify as a Consumer pursuant to (It.) Legislative Decree no. 205/2006, these general sale terms and conditions shall apply but, by way of derogation from their provisions:
a) the buyer shall not have the right of withdrawal pursuant to article 10;
b) the buyer shall not be able to take advantage of the warranty on the Products, as indicated in article 8;
c) the buyer shall not have any other additional protections envisaged herein in favour of the Consumer, which reflect or comply with mandatory legal provisions;
d) the sale contract concluded between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
2 PRODUCT FEATURES AND THEIR AVAILABILITY IN VARIOUS GEOGRAPHICAL AREAS
2.1 The Products shall be sold with the characteristics described on the Website and in accordance with the general sale terms and conditions published on the Website at the time the Consumer sends the order, with the exclusion of all other conditions or terms.
2.2. The prices, Products for sale on the Website and/or their characteristics shall be subject to change without advance notice. Before sending the purchase order in accordance with point 3 below, the Consumer is kindly requested to verify the end price of the sale.
2.3 The Website is accessible from around the world. However, the Products available on the Website may only be purchased by users who request their delivery to one of the Countries indicated on the Website.
3 PROCEDURE FOR THE SELECTION AND PURCHASE OF THE PRODUCTS
3.1. The Products presented on the Site may be purchased through the selection of Products of interest to the Consumer and their placement in the appropriate virtual basket. Once he/she has selected the Products, in order to purchase those added to the basket, the Consumer shall be invited to:
- register on the Website, providing the data required, or
- log in, if the Consumer is registered, or
- provide his/her data in order to complete the order and allow the conclusion of the contract.
3.3 If the data indicated in the order differs from that provided upon registration to the Website, the Consumer shall be asked to confirm his/her data (including but not limited to: name, surname, etc.), as well as the address for delivery of the selected Products, the billing address and, optionally, a telephone number where he/she may be contacted for any communication related to the purchase made.
3.3 The Consumer will view a summary of the order to be executed, of which he/she may change the contents: the Consumer, then, after having read them carefully, shall have to expressly approve these general sale terms and conditions, by ticking the check box present on the Website. Lastly, though the “Register order” button, the Consumer shall be asked to confirm his/her order, which will then be sent to the Seller and shall produce the effects described in articles 4.2 and 4.3 of this contract.
The Consumer shall also be asked to choose the shipping and payment method, among those available.
4 METHODS OF PURCHASING THE PRODUCTS - CONCLUSION OF THE CONTRACT
4.1 The presentation of the Products on the Website, which is not binding for the Seller, represents a simple invitation for the Consumer to formulate a contractual purchase proposal and not an offer to the public.
4.2. The purchase order sent by the Consumer to the Seller via the website shall have the value of a contractual proposal and shall be governed by these general sale terms and conditions, which form an integral part of said order and which the Consumer, by sending the order to the Seller, shall be understood to have accepted fully and without any reservations. Before purchasing the Products by sending the purchase order, the Consumer shall be asked to carefully read these general sale terms and conditions and the information on the right of withdrawal, to print a copy thereof and to store or reproduce a copy thereof for his/her own personal use. In addition, the Consumer shall be asked to identify and correct any errors in the data he/she has entered.
4.3. The Consumer’s purchase order shall be accepted by the Seller through transmission to the Consumer, to the e-mail address he/she has provided to the Seller upon registration to the Website or during the transmission of the order, if the Consumer is not registered on the Website, of an e-mail which confirms said order and which shall contain a link to the text of these general sale terms and conditions, the summary of the order, and the description of the ordered Product’s characteristics. The Consumer’s order, the Seller’s confirmation of the order, and the general sale terms and conditions that apply to the relationship between the Parties shall be saved electronically by the Seller in its IT systems and the Consumer may request a copy thereof by sending an e-mail to the Seller to the address firstname.lastname@example.org
4.4. All Product purchase contracts shall be understood to have been concluded when the Consumer receives the Seller’s Order Confirmation by e-mail.
4.5. In the event that, after the Consumer has received the e-mail containing the Order Confirmation, it turns out that the product purchased by the Consumer is not in stock, the purchase order shall be cancelled and the seller shall, having informed the Consumer at the e-mail address he/she provided during the purchase, refund the Customer the entire amount paid, including any shipping charges already incurred, with the same means of payment used for the purchase.
4.6 The Seller reserves the right to refuse Purchase Orders originating from a Customer with whom there is or has previously been a dispute and/or an objection related to a previous Order. This shall also apply to all cases in which the Seller deems the Customer to be unsuitable, including but not limited to cases of previous violations of the Online Terms and Conditions or for any other reasons, especially if the Customer has been involved in fraudulent activity of any kind.
4.7 Despite the fact that the Seller constantly adopts measures aimed at ensuring that the photographs displayed on the Website are faithful reproductions of the Products, including the adoption of all possible technological solutions to reduce inaccuracies to a minimum, certain variations shall always be possible due to the technical characteristics and the colour resolution features of the computer used. Consequently, the Seller shall not be liable for any inadequacy of the graphic representations of Products shown on the Website if said inaccuracy is due to the aforementioned technical reasons, as such representations are for illustration purposes only.
5 SHIPPING AND DELIVERY
5.1. The Website indicates the availability of the Products and the delivery time thereof; this information, however, should be considered merely indicative and not binding for the Seller.
5.2 Each shipment shall contain:
- the Products ordered;
- the shipping document;
- any supporting documentation required by the Country to which the product is shipped;
- any information and marketing material.
5.3 The Products ordered by the Consumer shall be shipped by the means selected by the Consumer, among the ones available and indicated on the Website at the time the order was sent.
5.2 The Seller shall undertake to deliver the products ordered as soon as possible (taking into account the shipping method selected by the Customer) and, in any case, within and no later than 30 (thirty) days from the Date of the Contract’s Conclusion. If the Seller does not process the order, due to the (temporary) unavailability of the Product, the Seller shall communicate this to the Consumer in writing and shall return any sums already paid by the Consumer as payment for the Product by the same means of payment used for the purchase.
5.3. The Products ordered by the Consumer shall be shipped by the means selected by the Consumer, among those available and indicated on the Website at the time the order was sent.
Upon receiving the Product, the Customer shall bear the burden of promptly and in the shortest time possible checking that the delivery includes all and only the products purchased and to promptly inform the Seller of any defects in the products received or of their incompatibility with the order made, in accordance with the procedures of article 8 of these general sale terms and conditions. Should this not occur, the products shall be understood to have been accepted and the Customer shall forfeit the possibility to exercise his/her rights on this matter.
Should the packaging or wrapping of the products ordered by the Consumer show clear signs of damage upon reaching their destination (for example: wet box, damaged box, etc.), the Consumer should refuse the delivery from the courier or to accept the delivery “with reservations”.
5.4 Failure by the Consumer to accept the Products at the address chosen by him/her shall result in the cancellation of the purchase order and the refund to the Consumer of the amount paid by the same means of payment used for the purchase, from which the expenses for returning the package and shipping will be deducted.
6 PRICES, SHIPPING COSTS, TAXES AND DUTIES
6.1. The Product’s price is as indicated on the Website at the time the order was sent by the Consumer. The prices are inclusive of the costs of standard packaging, VAT (if applicable) and shipping expenses.
6.2. We cannot exclude that a price other than the actual price is shown, by mistake, for certain Products present on the Website. The Seller shall be responsible for verifying that the Prices are correct before sending the Order Confirmation. If, due to technical problems, material errors or other incidents, the Price indicated on the Website is lower than the Product’s correct sale price, the Consumer shall be contacted to verify if he/she still wishes to purchase the Product at the correct price. In the event that he/she no longer wishes to continue with the purchase, the Order Proposal shall be cancelled. Should the price indicated on the Website turn out to be lower than the Product’s correct sale price, the Order shall be processed and only the lower price shall be charged.
6.3 The Consumer must pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail to the Consumer by the Seller.
6.4. Any additional costs, charges, taxes and/or duties that may be applied by a country on any grounds to the Products ordered based on these general sale terms and conditions shall be borne exclusively by the Consumer.
6.5. The Consumer declares that his/her failure to be aware of the costs, charges, duties, taxes and or/levies of article 6.4 above at the time of sending an order to the Seller shall not constitute just cause for the termination of the purchase contract and that he/she may in no way charge the Seller with the aforementioned costs.
7.1. Payment of the price of the Products purchased must be made immediately with one of the “Payment Methods” available on the Website.
7.2 Payment may be made with a credit card or through PayPal, under the terms and conditions described below. The Seller may agree to additional means of payment, indicating them in the Website’s payments section.
7.3 The main credit and prepaid cards are accepted. Payment by credit card shall not carry any additional charges. Customers making the payment shall confirm that they are the owner of the credit card used. In the absence of these prerequisites, it will not be possible to place the Order Proposal.
Only the payment authorisation shall be made when the Order Proposal is sent: the actual amount will be charged only upon Confirmation of the Order. If it is not possible to charge the amount, the Order Proposal shall be automatically cancelled.
Please note that, if payment is made with a credit card, the Consumer shall be transferred to an encrypted website and the credit card data will be communicated directly to the operator who deals with payments on behalf of the Seller. The data sent shall be transmitted in protected mode, through encrypted data transfer with 128-bit SSL (Secure Socket Layer) system. Not even the Seller shall have access to this data. The Seller may in no case, therefore, be held liable for the fraudulent use of credit and prepaid cards by third parties.
7.4 In accordance with the legislation in force, the Seller shall not be obliged to send any tax certificate related to the purchase made by the Consumer.
7.5 The Consumer expressly accepts that the execution of the contract by the Seller shall start when the price of the product(s) purchased is credited to the current account of the Seller.
8 LEGAL WARRANTY FOR NON-COMPLIANT PRODUCTS
8.1. Pursuant to and for the effects of European Directive 44/99/EC and (It.) Legislative Decree 206/2005 (Consumer Code), the Seller guarantees to the Consumer that, at the time of delivery, the Products shall be free of design and material defects and shall comply with the descriptions published on the Website.
8.2 No warranty will apply in case of use or washing of the Product that does not comply with that of the Product and with the instructions/warnings provided by the Manufacturer on the matter, or contained in the illustrated reference documentation, on the tags or labels. The category of manufacturing defects does not apply to products with details (fraying, tears, uneven wash effects, etc.) that form part of the product and which constitute its unique nature. If the product is delivered damaged to the Customer due to shipping, the Seller shall not assume any liability on the matter, as the packaging falls under the provisions envisaged by the express courier.
8.3 The term of the warranty is 2 (two) years starting from the delivery of the products to the Consumer. This warranty is valid subject to the following conditions:
- the defect becomes obvious within 2 (two) years from the delivery date of the products;
- the Consumer lodges a formal complaint with the Seller no later than 2 (two) months from the date on which the defect was discovered by sending to the Seller’s Customer Service an e-mail to the address email@example.com indicating the defect and/or the non-compliance found, as well as the related documentation indicated in the return form (at least 1 (one) photograph of the Product and the order confirmation sent by the Seller).
8.4 Following receipt of the complaint e-mail and of the related documentation, the Seller shall assess the defects and non-compliances reported by the Consumer through the Seller’s customer service and, having performed the quality controls necessary to verify the actual non-compliance of the Product, the Seller shall decide whether to authorise the return of the products providing a response to the Consumer, which shall contain the “Return code”, by e-mail to the address provided by the latter upon registration to the Website or upon transmission of the order. The authorisation to return the Products shall in no way constitute recognition of the defects or non-compliances, whose existence must be ascertained following the return. The Products whose return has been authorised by the Seller must be returned by the Consumer, together with a copy of the return authorisation that contains the “Return Code” within 30 (thirty) days from reporting the defect or of the non-compliance, to the following address: Olip S.p.A – Via Confine, 13 – 37017 Lazise - Italy.
8.5 In the event that the non-compliance of the Products purchased by the Consumer has been ascertained by the Seller, the Consumer shall be entitled to receive:
- the repair, where possible, of the non-compliant Products, or
- the replacement of the non-compliant Products with others of an equivalent amount (option possible only following verification of the availability of such Products in the inventory) or, alternatively,
- the refund of the amount paid for the purchase of the Products. Where possible, the refund shall take place with the same means of payment used by the Consumer for the purchase of the initial Product.
8.6 All costs for the return of products ascertained as defective shall be borne by the Seller.
9 LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS
9.1. With regard to any damage caused by the Products’ defects, the provisions of European Directive 85/374/EEC and (It.) Legislative Decree no. 206/2005 (Consumer Code) shall apply.
10 RIGHT OF WITHDRAWAL - INFORMATION NOTICE
10.1 The Consumer shall be entitled to withdraw from any purchase contract concluded pursuant to these general sale terms and conditions, without any penalty and without needing to specify the reason for the withdrawal, by returning to the Seller all or part of the Products purchased.
10.2 The Consumer must inform the Seller of his/her desire to exercise the right of withdrawal within a deadline of 14 (fourteen) days from the day on which the Consumer or his/her agent (other than the courier) has gained possession of the products, or, in the case of the purchase of more than one product delivered separately with just one order, from the day of delivery of the last product, by accessing the “CONTACT” page of the website and following the procedure indicated.
10.3 Following what is envisaged under point 10.2 above, the Consumer shall receive an e-mail confirming the exercise of the withdrawal, containing the return form to be inserted in the package and the instructions of how to return the product, such return to be made within and no later than the following 14 (fourteen) days, by registered letter with proof of receipt or by courier with return receipt to Olip S.p.A. - Via Confine, 13 – 37017 Lazise – Italy.
10.4 If the Consumer has received the product, he/she must return it to the seller without undue delay, and, in any case, within 14 (fourteen) days from the day on which he/she communicated the withdrawal by the means indicated under point 10.2 above and point 10.6 below. The deadline shall be considered to have been met if the goods are returned within the 14 day period. The risks and costs for the return of the goods shall be borne by the Consumer.
10.5 The Seller shall refund the Consumer the amounts paid for the purchase of the Returned Products, with the exception of the Order’s original shipping costs paid by the Consumer at the time of purchase, within and no later than 14 days from the day on which the Seller was informed of the Consumer’s decision to exercise his/her right of withdrawal, on the condition that the Seller has already received the returned goods or that the Consumer has provided proof that the goods have already been shipped, being able, until then, to withhold the refund.
Where possible, the Seller shall re-credit the amounts using the same means of payment used for the purchase of the Products.
10.6 The products returned under the exercise of the right of withdrawal (hereinafter the “Returned products”) shall be returned whole, the possibility to return only some parts or components thereof being excluded;
- the Returned Products must not have been used, worn, washed, soiled or damaged and they must not show signs of use;
- the Returned products must be returned with the tags still attached to the product, in the original packaging. Should the original packaging be damaged or unavailable, the products must be protected by thick and resistant cardboard packaging (not an envelope), accompanied by all accessories and labels. Any non-compliance in the packaging as per above shall result in the application of a fee for the reconstitution of the inventories equal to 15% of the product’s cost.
10.7 The Consumer shall be liable for the reduction of the value of the goods resulting from handling other than that necessary to ascertain the nature, characteristics and operation of the goods. Therefore, if the retuned goods are found to have been damaged (for example with signs of wear and tear, abrasions, grazes, scratches, deformations, etc.), not complete in all their parts and accessories (including unaltered labels and tags affixed to the product), not accompanied by the attached instructions/notes/manuals, by the original packaging and wrapping and by the warranty certificate, where applicable, the Consumer shall be liable for the reduction in the net asset value of the good, and shall be entitled to receive a refund equal to the Product’s residual value.
10.8 In case the right of withdrawal is exercised without compliance with the methods of the previous paragraph, the Consumer shall not be entitled to any refund. Within 10 days from the e-mail with which the Consumer is informed of the non-acceptance of the return and of the related justification, by replying to such e-mail the Consumer may choose to re-obtain, at his/her own expense, the Returned products. Otherwise, the Seller may legitimately withhold the Returned products, as well as the amounts already paid for their purchase.
11 INTELLECTUAL PROPERTY RIGHTS
11.1. The Seller is the owner of the website www.luckysize.com, as well as the owner of the rights relating to the Website’s domain name, the logos and trademarks related to the products presented on the Website and of the copyright of the Website’s contents.
Olip S.p.A. reserves all rights relating to the Website’s content, design and source code, including but not limited to photographs, images, texts, logos, designs, trademarks, commercial names and data present on the Website.
The Website’s content is also considered IT Software; as a result, the applicable Italian and EU regulatory framework on copyright shall also apply.
11.2. The total or partial reproduction of the Website, also through hypertext links, and of any part of the content is expressly forbidden without the previous explicit and written authorisation of Olip S.p.A. In addition, it is forbidden to copy, reproduce, adapt, modify, distribute, place on the market, disclose to the public and/or perform all other actions that constitute violation of the Italian and/or international regulatory framework in force on intellectual and/or industrial property without the previous explicit and written authorisation of Olip S.p.A.
11.3 The Consumer declares that he/she has been informed that all trademarks, names, and all other distinctive signs, company name, image, photograph, written text or graphic used on the Website or related to the Products are and shall remain the exclusive property of Olip S.p.A. and/or its assignees. Access to the Website and/or purchase of the Products shall not give the Consumer any rights over them.
12.1 All communications by the Consumer related and/or linked to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or the delivery of the Products, the exercise of the right of withdrawal, etc. - should be sent to the Seller to the addresses and in accordance with the methods indicated on the Website and to the e-mail address firstname.lastname@example.org
13 CONSUMER DATA AND PRIVACY
13.3. The Consumer declares and guarantees that the data provided to the Seller during the registration process is correct and truthful.
13.4. The Consumer may at any time update and/or modify his/her own personal data provided to the Seller through the relevant “My Account” section of the Website, which may accessed following authentication.
14.1. Although the Seller adopts measures aiming to protect the personal data from possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and the technical limitations concerning the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has logged in, is not accessible to or viewable by unauthorised third parties.
14.2. With regard to the data related to payments with a credit card, the Seller uses the services of specialised companies that adopt technological systems able to guarantee maximum levels of reliability, security, protection and confidentiality in the transmission of information via the Internet. In no case, therefore, may the Seller be held liable for the fraudulent use of credit and prepaid cards by third parties.
15 APPLICABLE LAW, ATTEMPT AT CONCILIATION, RESOLUTION OF DISPUTES AND COMPETENT JURISDICTION
15.1 These Online Terms and Conditions are governed by Italian law and will be interpreted in accordance therewith, without prejudice to any other prevailing mandatory rule of the country in which the Customer usually resides. Consequently, the interpretation, performance and termination of the Online Terms and Conditions shall be subject exclusively to Italian law (without prejudice to any other prevailing mandatory rule of the country in which the Customer/Consumer usually resides) and any disputes inherent to and/or arising from said terms and conditions must be resolved exclusively by the Italian courts, as better specified below. Any disputes must be resolved by the courts of the place of domicile or residence of the Consumer or, on his/her choice, by the Courts of Verona. If it is ascertained that the Customer does not meet the criteria to be qualified as Consumer pursuant to (It.) Legislative Decree 206/2005 and therefore acts in exercise of his/her own entrepreneurial, commercial, artisanal or professional activity, the parties agree to the exclusive jurisdiction of the Courts of Verona.
15.2 In case of dispute between the Seller and a Consumer, we guarantee the effort to reach an amicable resolution by the Seller’s Customer Service.
15.3 Online platform for the alternative resolution of disputes (ODR).
Alternatively or in addition to the attempt at conciliation of point 15.2 above, we would like to inform you that, pursuant to article 14 of Regulation (EU) no. 524/2013 and the decision on ODR of which the Statutory Instrument no. 500/2015 in force since 15 February 2016, the European Commission has established an online platform for the resolution of disputes (ODR - Online Dispute Resolution) arising from the online purchase of goods.
For more information on the European ODR Platform or to initiate, through the latter, a procedure of alternative resolution of a dispute related to this contract, please access the following link: http://ec.europa.eu/odr.
The Seller’s e-mail address to be indicated on the European ODR Platform is the following: email@example.com
Through the ODR platform it is possible to consult the list of ODR bodies, find each one’s link and initiate a procedure for the online resolution of disputes. You can find more information on the platform at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
15.4 In any case, without prejudice to the Customer’s right to recourse to the court competent for the dispute arising from these General Sale Terms and Conditions, whatever the result of the out-of-court settlement procedure described above, and the possibility, where the criteria are met, to initiate an out-of-court settlement procedure of disputes related to consumer relationships by having recourse to the procedures of Part V, Chapter II - bis of the Consumer Code (i.e. (It.) Legislative Decree no. 206/2005).
16 AMENDMENT AND UPDATE
16.1 These Online Terms and Conditions may be amended at any time. The Customer shall be asked to accept exclusively the Online Terms and Conditions that are in force at the time of purchase. The new versions of the Online Terms and Conditions will enter into force from the date of their publication on the Website and in relation to Orders placed subsequently to that date. It will be possible to check any previous versions of the Online Terms and Conditions in the appropriate section of the Website.
Last update: 20 November 2019