Terms and Conditions
- Online sales of goods marked “Luchetti” closed through this site (from now indicated as the “Website”) are regulated by the following General Sale Conditions. Goods on the Site are directly sold by Luchetti Srl which belongs to the Luchetti’s Group (from now indicated as “Luchetti”). Luchetti is an Italian Company , legal address Via Dell'Artigianato, 11/13, 60027 Osimo (AN) – Italy, VAT number, social security and registration number to the Ancona business register 01348190420, REA n. AN 206828.
- Shopping on this Website is only intended for goods delivered in European Union
- Languages used to close the sale contract on this Website are the italian and english ones.
- These General Sale Conditions are published on the Website in order to allow customer consciousness, storage and reproduction in accordance with the current law.
- The purchasing of product is exclusively regulated by the General Sale Conditions on the Website in force at the date of purchasing. Luchetti reserves the right to modify and complement these conditions at any time. Potential amendments and supplements will be applied only for purchasing made after the date of publication of the new General Sale Conditions. By replacing these General Sale Conditions with a new version the last one become inapplicable, ineffective and unenforceable against Luchetti for purchasing made after the replacement even if they were available or accessible to the public yet.
Availability of products
- The customer is aware that products of Luchetti Website (from now indicated as “Products”) are quantitative limited and consequently he knows that LUCHETTI will have to verify the availability at the time of purchasing.
- In the event of some product was not available, Luchetti will promptly informs (in any case within the following time limits) about the order cancellation by e-mail. In case of only a part of the order was not available, it will be the Customer to decide if cancel the entire order or to receive Products available.
- LUCHETTI reserves the right to change products on the Website at any time without notice.
- Every product sold on the web site can be displayed through dedicated link which allows to view images, prices, colours, different models (where existing) and the planned delivery date for Products specifically indicated as “Pre-order” or “Pre-order Products” because they are not available for delivery yet.
- Customer can buy one or more product up to a maximum of 99 units for each product, except for some kind of Products if provided for. Luchetti reserves the right to modify the limits of the quantities can be purchased on the web site at any time.
- Customer can choose products that will be inserted on a dedicated section (from now indicated as “Cart”). On his own Cart Customer will find description and details of products including measures, sizes (where they exist) digital format images for optimum visualization of the Products.
- Despite of LUCHETTI adopts measures directed to assure the faithful of the original products continuously, some changes are always possible because of technical characteristics and colour resolution of the customer device. Consequently LUCHETTI won’t be responsible for the possible inadequacy of the graphic images of the products shown on the web site if due to aforesaid reasons.
- The purchasing procedure ended when the customer select the specific button for the final order confirmation (from now indicated as “Purchasing Button”) validating his own Order Proposal. As soon as this Button is selected the Customer won’t be able to modify the Order Proposal and therefore its content .
- After confirmation of the order proposal the customer will have to declare that he has read and agree on General Sale Conditions. After purchasing procedure the Customer should be save or print the General Sale Conditions .
- Purchasing procedure must be entirely completed, otherwise it will not be sent to LUCHETTI.
- After registration on the reserved area of the Website the Customers can check the order progress by login and getting into their own order page.
- The Customer is aware of his responsibility by stating true and fair information on the Website or in the purchasing step.
- The Customer is also aware of the chance of pre-order a range of products before their commercial introduction or distribution and placing on the market. When the Customer confirms his Order Proposal he is aware of these products are not available for the delivery yet. Products intended for the pre-order are obviously identified and reported by words as “Pre-order” and “Pre-order Products”.
- The Customer recognizes and agrees and he is aware of price shown on the Website, referring to his Pre-order in his Cart page, will be charged in advance, exactly when he will receive the e-mail confirmation as indicated in paragraph 2(Conclusion of the agreement) below even if the Product wouldn’t be available at the moment. The Preorder Product will be delivered to the customer within the estimated date specified on the technical area of the same product. If the Order Proposal sent to the Customer includes one or more Pre-order Products, in addition to available Products , prices of all Products will be charged in advance when the Customer will receive the e-mail confirmation and all the Products will be delivered together within the last estimated date as specified on the technical area.
- Any other detail referring to pre-order products payment , delivery and confirmation is specified on the following paragraphs.
- The Customer recognizes and agrees that the other clauses of these General Sale Conditions, unless explicits above mentioned about Pre-order Products, will be apply also for pre-order products.
Conclusion of the agreement
- After the confirmation of the Order Proposal, the order is sent to LUCHETTI that will fulfill it. From this moment the order cannot be modify or cancel. The order proposal will be processed by LUCHETTI only when the whole purchasing procedure will be regularly completed. After the Order Proposal the Customer will receive an e-mail where LUCHETTI reports to have received the Order Proposal. Approval of Order Proposal by LUCHETTI and also the conclusion of the agreement will take place as referred in the following paragraph.
- The agreement between LUCHETTI and the Customer is concluded when the Customer receive the e-mail confirmation (from now indicated as “Confirmation Email”) from LUCHETTI. The Confirmation E-mail will be sent to the address specified by the customer during the order procedure and it will include the confirmation and also the resume of purchasing conditions as: the Product description and technical characteristics, final price of the order including possible delivery costs, the address where make a complaint, information about post-sale assistance service, withdrawal right and detailed rules relating.
- LUCHETTI reserves the right to not accept the Customer Order Proposal in the following cases: a) non-availability of products, even temporary, including in the order proposal, except for Pre-order Products ; b) in the event of legal dispute between LUCHETTI and the customer referring to a previous order ; c) if the Customer violated General Sale Conditions in the past or did not fulfill its obligations; d) if the Customer was involved or suspected of illegal or fraudulent activities. In these cases above mentioned LUCHETTI will communicate to the customer, by e-mail, the possible cancellation of orders received, within 30 (thirty) days after receiving the Order Proposal. In this case not Order Proposal or conclusion of the agreement will be understood concluded. If the order includes Products not available at the moment, the customer will be able to choose only available Products or to cancel the entire order. In the case of partial cancellation the Customer will be charged only for Products actually purchased.
Prices and means of payment
- All prices on the Website including VAT.
- Prices will be shown in Euro (EUR) for purchasing from Italy.
- The final price on the Cart includes possible delivery costs, shown separately. In any case LUCHETTI will request customer’s express consent for any possible additional cost.
- Customer will be charged for prices shown on the Website, especially on the cart, during the Order Proposal confirmation, by selecting the Purchasing Button as long as all products were available, except for pre-order products that will be charged in advance as specified on paragraph 6 even if not available. LUCHETTI reserves the right to modify prices of selling products on the Website at any time without notice.
- LUCHETTI accepts credit cards and only the means of payment specified on the Website.
- Referring to credit card payments the Customer confirms and guarantees to be the
holder of the card used for purchasing. He also guarantees integrity of all data as:
number, expiry date and the security code if necessary. The transaction will be
charged to the Customer only after:
(i) credit card data verification,,
(ii) receipt of the authorization from issuing institution of credit card
(iii) confirmation of availability of the product from LUCHETTI and, however, only after the order was ready. The whole transaction referring to orders including Pre- Orders Products not available at the moment of E-mail Confirmation as well as orders including Pre-order Products only, will be charged for all products indicated on the E-mail Confirmation. So, no charged will be done when Customer send the Order Proposal.
- Referring to payments using different provider services, the Customer confirms and guarantees to be the holder of the account used for the payment. Transaction will be charged to the Client after receiving LUCHETTI’s E-mail Confirmation only.
- Purchased Products will be shipped after the proof of payment . If, whatever the reason, the charge will not be possible, the sale procedure will be automatically cancelled and the sale annulled as indicated on the notification that will be sent to the Customer.
- In the event of one or more Products were not available and the Customer decides to not cancel the whole order it will be exclusively charged the price and possible delivery costs referring to only available Products.
- Products will be shipped to the address specified by the Customer on the Order Proposal. The Customer has to sign when products are delivered.
- Because of safety reasons LUCHETTI will not fulfill any Order addressed to a mailbox and he will not even accept any Order where it was not possible to identify the holder and his address.
- Selling Products on the Website can be purchased and delivered on countries above mentioned(paragraph 2- Introduction). Therefore possible Order Proposal to ship on other countries will be automatically refused during the order processing procedure.
- When the Customer will be charged of delivery costs, there will be an explicit statement apart of the other costs during the final step of the Order Proposal and before that the Customer selects the Purchasing Button.
- In accordance with the current legislation LUCHETTI must delivered the purchased products within 30 (thirty) days from the date of conclusion of the agreement (as long as the order concerned does not include any Pre-order Product) except for acts of God. When the order includes Pre-order Products, the estimated delivery date will be exceeding 30 days and LUCHETTI will delivery products during the estimated date as specify in the technical area of the same product.
- If LUCHETTI will not provide products within the estimated date, the Customer has to request to him a delivery within an appropriate additional period, in accordance with the current legislation. The Customer has the right to cancel the order immediately if products will not be sent within the additional period.
- LUCHETTI reserves the right to split the order in more shipments depending of the availability of products. LUCHETTI will send an e-mail to inform the Customer and it can charges to the Customer effectively delivered products or the entire order.
- Al momento della spedizione del Prodotto acquistato, il Cliente riceverà un’e-mail all’indirizzo indicato nella Proposta d’Ordine. Questa e-mail conterrà un codice di tracciamento della spedizione ed un collegamento (link) esclusivo che consentirà il monitoraggio della consegna in tempo reale. Il Servizio Clienti di LUCHETTI fornirà assistenza per qualsiasi possibile problema relativo alla consegna. Il Cliente potrà contattare il Servizio Clienti di LUCHETTI tramite e-mail all’indirizzo email@example.com.
- The Customer can also choose to pick purchased Products up directly on the store he selected on the Website during the Purchasing Procedure, only if this order doesn’t include pre-order products. If the Customer will not pick the products up within 30 (thirty) days, from the receipt of the notifying e-mail of Products, LUCHETTI will be authorized to cancel the sale. In this case the Customer will receive an e-mail notifying the cancellation and he will be promptly paid back for the amount already paid.
- The Customer is responsible for lost or damage risks only when himself or whatever, except for the courier, gets hold of Products. Contrary, in case of lost and damage of Products before the effective delivery, LUCHETTI will reimburse the Customer for the amount he already paid.
Conformity of products
- When Products are delivered they will have to be checked by the Customer to ensuring conformity and integrity as well as correspondence between the order and the delivery. All Products are guaranteed by the current law and also by Luchetti if it possible.
- In case of non conformity, the Customer will have the lack of conformity remedied by repair or replacement, except for not possible or too expensive repair. In these cases the Customer can require a significative price reduction or cancel the order and therefore the reimbursement of the amount already paid. If the Customer does not complaint non conformity defects within 2 (two) months after the date he noticed them, his right shall automatically lapse. In any case LUCHETTI is responsible only for conformity defects occurred within 2 (two) years from delivery date. Direct action aimed to assert defects shall lapse after 26 (twenty-six) months from the delivery date.
- Al fine di segnalare la presenza di vizi e difetti dei Prodotti ed ottenere uno dei rimedi sopra elencati, il Cliente potrà contattare LUCHETTI agli indirizzi indicati nel punto 1 della successiva sezione “Contatti”
Returns and Refunds - Withdrawal
- The Customer has the right to terminating the agreement within 14 (fourteen) days after the delivery of Products. For partial orders after the delivery of the last Product.
- Per esercitare il diritto di recesso, il Cliente potrà utilizzare l’apposito modulo che troverà all’interno della sezione “Reso” del Sito Web, o direttamente all’interno della sezione “My Account” qualora si sia registrato sul Sito Web. A tal fine il Cliente dovrà: (i) completare il formulario on-line con le indicazioni richieste, (ii) applicare sul pacco l’etichetta adesiva già contenuta nel pacco e recante l’indirizzo di restituzione, (iii) attivare una richiesta di ritiro presso il corriere designato da LUCHETTI inviando un’e-mail a firstname.lastname@example.org, specificando indirizzo, numero di telefono e la data prescelta per il ritiro del pacco, da confermare con il corriere. Un modulo con le istruzioni da seguire per effettuare il reso sarà inserito all’interno di ogni pacco contente i Prodotti acquistati.
- If the Customer uses the procedure above mentioned, the courier designated by Luchetti will pickup the package which contains the return products without costs. When the Customer does not use this procedure, delivery costs and potential responsibility for loss, robbery, damage or late delivery will be charged to him.
- Il Cliente potrà inoltre recuperare l’indirizzo al quale i Prodotti dovranno essere restituiti contattando LUCHETTI al seguente indirizzo e-mail: email@example.com.
- The Customer undertakes to return Products without delay and within 14 (fourteen) days, from the day he communicated to LUCHETTI his decision of withdraw from the agreement, anyway.
- Products have to be returned in the same condition they were delivered. The Customer has to ensure of the integrity and conformity of Products without any damage and never used, and they have to be returned inside their original package together with labels contained in the package where products firstly arrived. In case of Products with security label, the return will be not accepted if the original label has been removed, broken or tampered with. LUCHETTI will verify conditions of the package and any product returned, establishing the integrity of the same, fundamental requirement of the right of withdrawal. LUCHETTI reserves the right to refuse the return of damaged, deteriorated and dirty products or in a condition that suggests undoubtedly they where used for purposes other than the act strictly necessary to verify the features of the products purchased. In case of refuse LUCHETTI will send a specific notification and will not proceed to credit the price already paid, reserving also the right to claim compensation for damage due to the Customer
- The refund will be executed by LUCHETTI without delay and however within 14 (fourteen) days since LUCHETTI became aware of the use of the right of withdrawal by the customer. Anyway LUCHETTI reserves the right to not proceed to credit the price as long as he will receive and verify the same product or the customer will give the proof of properly return and the integrity of the product.(the situation which will happen before). The refund will be executed using the same means of payment the Customer used the first time, except where the customer had expressly agreed a different method of payment and he had not to pay for it. LUCHETTI will confirm by e-mail the refund.
- LUCHETTI is not obliged to refund delivery costs if the Customer had explicitly decided for a different kind of delivery from the standard one offered by LUCHETTI.
- The return of Products is permitted only for Products purchased on the Website pursuant to this article.
Limitation of Liability
- Except for intentional fault and serious misconduct, LUCHETTI will be not responsible in any way against the Customer for indirect and consequential damages that could be due to purchasing of Products on the Website.
Authenticity of products
- LUCHETTI guarantees authenticity and high quality of all Products sold on the Website.
- The trademark “Luchetti”, as well as all the figurative and not trademarks and, more generally, all other trademarks, pictures, images and logos which are on “Luchetti” products” and their accessories and/or packaging, subject of registration or not, are and remain exclusively property of LUCHETTI GROUP. Total or partial reproduction, modification, manipulation, or the use of these trademarks, pictures, images and logos, for whatever reason and in any medium, are strictly forbidden.
- These General Sale Conditions are regulated by the Italian law that interprets them, except for any other different peremptory norm, more favorable for the Customer and applicable in the country of residence of the same Customer.
- In the case of dispute resulting from the interpretation and/or application of these General Sale Conditions it will be responsible, exclusively and without question , the Court of the place of residence of the Customer, if located in Italy. If the domicile of the Customer is located in a country that is not Italy he can, on his own decision, appeal to the Court of his place of residence or to the Court of Ancona. Otherwise the Customer will be able to use an out-of-court dispute resolution under the legislation in force. For this purpose the Customer can use the online page of European Commission entering through the site: http://ec.europa.eu/odr.
- Per qualsiasi reclamo, ulteriore informazione o assistenza relativi al Sito Web o alla procedura di acquisto e, comunque, per qualsiasi richiesta di informazioni e/o chiarimenti in ordine a quanto riportato nelle presenti Condizioni Generali di Vendita, i Clienti potranno inviare un’e-mail al seguente indirizzo firstname.lastname@example.org ovvero contattare il Client Service E-commerce, Via Dell'Artigianato, 11/13, 60027 Osimo (AN) – Italia, o chiamare il nostro numero 071-7132107.