General conditions of sale
1 Subject and general provisions
1.1 These General Terms and Conditions of Sale (hereinafter "GTC") apply to purchases of "Lumidamare" branded products (hereinafter the "Products" or, in the singular, the "Product") made through the website lumidamare.com (hereinafter the "Site"). The Site is owned and operated by the sole proprietorship of Laura Reverdito as the seller, with registered office and operations at Via del Serone No. 161 57034 Campo nell'Elba (LI).
1.2 "User" is defined as a customer purchasing Products through the Site.
1.3 The purchase of Products on the Site is permitted only to Users who are 18 years of age or older, or otherwise have the legal capacity to enter into a contract with binding effect under their national law, which the User declares he or she has by accepting these GTC before making the purchase. If the User is a minor, he or she may use the Site only by involving a parent or legal guardian. The purchase of Products for the purpose of resale is not governed by these GTC and is subject to entering into a separate agreement with Laura Reverdito: therefore, the purchase of Products through the Site for the purpose of resale is strictly prohibited unless a separate and different agreement is made.
1.4 These Terms and Conditions govern the contractual relationship between you and Laura Reverdito together with the Terms of Use ("CU"), which govern your use of the Site. The Privacy Policy (including the Cookie Policy) explains how the User's personal data is used. We recommend that the User read these documents carefully before continuing browsing and transmitting an order to us, and save or print a copy for future reference. If you do not accept the GTC, CU and/or our Privacy Policy, you will not be able to purchase any Product through the Site. The contract concluded between the User and Laura Reverdito cannot be modified unless agreed with Laura Reverdito in writing, including by e-mail.
1.5 The purchase of Products is governed by the GTC published on the Site at the time the order is placed with Laura Reverdito. Laura Reverdito reserves the right to modify or update these GTC at any time, at its sole discretion and without prior notice, by posting on this Site the updated version indicating the date of the update from which the changes will be effective. Thus, the changes will be effective immediately with respect to orders placed on or after the date of publication.
1.6 The Site operates with the utmost transparency and, above all, in compliance with the rights of the consumer (by which is meant the purchasing User who is a natural person, acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity carried out, if any: the "Consumer" or the "Consumers") provided for by the regulations in force, and in particular in compliance with Legislative Decree No. 206/2005 (hereinafter the "Consumer Code") and Legislative Decree No. 70/2003 (so-called "Electronic Commerce Code") and subsequent amendments.
1.7 For any information regarding online purchases by the User through the Site or related self can write to the email info@lumidamare.com.
3 – Purchases on the Site
3.1 The purchase of the products offered for sale on the Site is allowed, for the territory of the member states of the European Union only, both to individuals acting as consumers ("B2B"), and to those who, on the other hand, act in the exercise of the activity of entrepreneurs ("B2C"), with the application of specific rules, with the possibility of application of different terms and conditions, depending on whether the purchase is made as a consumer or entrepreneur, as will be specified in these terms and conditions, as well as in the information on refunds.
3.2 A consumer is defined as a natural person acting for purposes outside his or her trade, business, craft and profession.
3.3 Entrepreneur means a person who professionally engages in an organized economic activity for the purpose of production and exchange of goods or services.
3.4 It is forbidden for the User to enter data, in whole or in part, that are not true; the master data and e-mail communicated must, therefore, be personal and real, and not of third persons and/or fantasy.
3.5 The User, in order to receive the quote inherent to the desired product, must proceed to fill out the purchase application in which he attests, under his sole responsibility:
(i) The correctness and truthfulness of the data required for service activation;
(ii) Have attained the age of 18 years;
(iii) To act as a consumer, i.e., as an entrepreneur, for the purposes of and in accordance with 3.1, 3.2 and 3.3. above.
3.6 Once the purchase application is filled in through the link connected to the Seller's email, the User will be asked to indicate the jewel whose availability is requested, first name, last name, email, shipping address. The Seller, upon receipt of the purchase application, within three working days will contact the buyer by email sending the business proposal containing the confirmation of availability and indicating conditions, delivery time, price related to the order, payment method. The contract will be concluded when the Seller receives such business proposal signed by the buyer.
3.7 For the purpose of shipping the purchased products, the Seller will use carriers chosen by the Seller. In such cases, the carrier shall be deemed liable for the loss and damage of the things delivered to him for transportation, from the time he receives them to the time he delivers them back to the consignee, without prejudice to unforeseeable circumstances, the circumstance in which the defective performance is due to the nature or defects of the things themselves or their packaging, or due to the shipper or consignee.
4 – Prices, Purchase Conditions and Payment Methods
4.1 The selling prices of the products are those indicated in the business proposal sent by the individual company when the order is finalized and include VAT ; prices are in euros.
4.2 Payment can only be made by the methods indicated at the time of ordering from Lumidamare.
4.3 The sale price will be charged according to the operating rules of the payment medium chosen by the User. Commissions inherent to the transaction are borne by the buyer and are not included in the sale price. In the event of a discrepancy between what was ordered and what was shipped, any difference in price in favor of the User will be refunded in the manner and within the timeframe provided by the means of payment chosen by the User, subject to written notice sent to the User by the Seller.
4.4 The offer for sale of goods through the Site constitutes an offer to the public within the meaning of Article 1336 of the Italian Civil Code; therefore, the completion and proper submission of an order through the Site implies acceptance of the aforementioned offer.
4.5 The contract is considered concluded when the Seller has knowledge of the User's acceptance, formalized by sending the signed business proposal.
4.6 In the case of an order placed as a contractor, the delivery deadline, which is considered a non-essential deadline, will be communicated by the Seller to the User at the time of purchase.
5 – Warranty and commercial compliance
5.1 The Seller is liable for any defects in the products offered on the Site, including non-conformity of the items to the products ordered, pursuant to the provisions of Italian law.
5.2 For purchases made as an entrepreneur, The application of the Vienna Convention as amended regarding international sales is excluded.
5.3 With respect to the purchaser who has entered into the contract as a consumer, i.e., any natural person acting on the Site for purposes outside his or her business or professional activity, if any, this warranty is valid provided that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser files a formal complaint with respect to the defects within a maximum of two months from the date on which the defect is acknowledged by the purchaser; that notice is given by email info@lumidamare.com
5.4 In the case of a purchase as a contractor, the Seller will be required to ensure that the thing sold is free from defects that make it unfit for its intended use, or appreciably diminish its value (art. 1490 Civil Code): the buyer will have the option of requesting termination of the contract or reduction of the price. To this end, it is the buyer's responsibility to report any defects in the product within eight days of delivery of the same: the action is prescribed in any case within one year of delivery of the goods.
5.5 In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and the consequent refund of the price.
6 – Right of Withdrawal
6.1 In accordance with the provisions of the law in force in Italy, the buyer-consumer has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of fourteen days pursuant to Art. 52 D. Lgs. n. 206/2005 starting from the date of receipt of the products.
6.2 In the case of multiple purchases made by the consumer purchaser in a single order and delivered separately, the period runs from the date of receipt of the last product, or in any case from the time when the consumer or a third party, other than the carrier and designated by the carrier, acquires physical possession of the last good.
6.3 The User who intends to exercise the right of withdrawal must notify Lumi da mare di Laura Reverdito by means of an express declaration, which may be sent by registered letter to the address in Section 6.4, or by email: reverditolaura@cgn.legalmail.it
6.4 Goods may be returned to the address: Via del Serone No. 161 57034 Campo nell'Elba (LI).
6.5 The goods must be returned undamaged, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of seven working days, including any shipping costs.
6.6 The Seller will make the refund using the same means of payment chosen by the buyer at the time of purchase.
6.7 The right of withdrawal in the head of the User-consumer is expressly excluded in the cases listed in art. 59 of Legislative Decree no. 206/2005, namely in the case of purchase of goods made to measure or clearly customized (co. 1, lett. c).
6.8 The right of the User-entrepreneur to withdraw from the contract of purchase and sale of goods offered on the Site from the moment it has been completed in accordance with the provisions of these General Terms and Conditions is excluded.
7 - Force majeure
The Seller, provided it gives notice to the other party without delay, shall be released from its obligation to perform its contractual obligations and from any liability for damages or any remedy for non-performance if performance is objectively impossible or unreasonably burdensome due to an unforeseeable event beyond its control such as, for example, strike of carriers or other operators essential to the provision of service, labor dispute, accident, lockout, fire, war, popular uprising, requisition, embargo, power outage, flood, act or omission of law or government, act of terrorism, delay or inability to supply suppliers, breakdown of essential machinery or equipment, pandemic either nationally or regionally, including the establishment of "red zones" for specific territorial areas or other restriction on the free movement of goods and people.
8 – Force majeure and excessive burdensomeness arising from reasons related to the Covid-19 pandemic and/or other emergency of national and/or international character
8.1 With specific regard to the health emergency related to the Covid-19 pandemic, the Parties agree that, in the event of a recrudescence of the pandemic and where the emergency should continue for more than six months from the conclusion of the contract, and/or the authorities should adopt additional restrictive measures and/or further extend those in place at the signing of the contract that directly or indirectly impact the activities of Lumi da mare di Laura Reverdito and/or the carriers appointed by it to make deliveries, making (i) excessively burdensome or (ii) impossible, in whole or in part, the performance of the obligations undertaken, in the first eventuality the Seller may request the termination of the contract while, in the hypothesis of supervening impossibility, the Parties will undertake to attempt to reach a modification of the contractual agreements in such a way as to allow the deferred performance of the obligations that have become impossible within a term subsequent to the suspension of the restrictions on the movement of goods and persons.
8.2 If the Parties fail, within thirty days of the written request transmitted by the Party concerned, to reach a renegotiation of the contract, it shall be deemed to be terminated by mutual consent.
8.3 In the case of a contract concluded with a User-consumer, the right of the latter to demand the return of the price within seven days of the Seller's communication about the impossibility of perfect performance shall be unaffected.
8.4 Outside the cases of supervening excessive onerousness caused by extraordinary events related to and/or derived from the Covid-19 pandemic, and only for contracts with continuous or periodic performance, or with deferred performance, the Party owing such performance may request termination of the contract in accordance with the provisions of the Civil Code.
9 – Data processing
9.1 For data processing regulations, please refer to the Privacy Policy.
10 – Servizio Clienti, Reclami e Comunicazioni
10.1. The User may contact the following address for any further information or assistance or to file complaints: info@lumidamare.com
10.2 The Seller agrees to handle and provide feedback to received complaints within the term of seven working days after their receipt.
11 – Applicable Law and Jurisdiction
11.1 The contract of sale concluded under these Terms and Conditions of Service shall be governed by italian law, with the express exclusion, for sales to entrepreneurs, of the application of the Vienna Convention on international Sales, as amended.
11.2 For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to them, the Court of the place of residence or domicile of the User who holds the quality of consumer shall have jurisdiction, if it is a consumer residing or domiciled in italian territory (art. 66-bis Legislative Decree no. 206/2005).
11.3 If the User is not resident or does not have a domicile in the italian territory, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to them, the Court of Genoa shall have exclusive jurisdiction.
11.4 in case of contracts concluded with Users who hold the quality of entrepreneurs, the Court of Livorno will have exclusive jurisdiction.
User signature for approval:
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the User, after taking careful and specific knowledge and vision, approves and and expressly accepts the following clause by means of electronic double acceptance (double click), as per the form that will automatically appear at the time of the conclusion of the contract:
7 – Force Majeure
8- Force majeure and excessive onerousness occurred for reasons related to Covid-19 pandemic and/or other emergency of national and/or international character
11 – Applicable Law and Jurisdiction
User signature for approval: