Premise
The offer of this online store is proposed by the company Lucchi e Guastalli srl, in accordance with the current regulations on electronic commerce and distance contracts.
Company data:
Lucchi and Guastalli srl
Via Vincinella 13/6, 19037 Santo Stefano di Magra (SP)
Tel. +39 0187 633329
VAT number 01136750112
Tax Code 01136750112
E-mail: amministrazione@lucchieguastalli.com
The Customer declares to have read all the aforementioned information and general conditions of sale before placing the order.
General conditions of Sale
These general conditions of sale (the “General Conditions”) govern the terms and conditions of sale of the products marketed by Lucchi and Guastalli (the “Products”).
All contracts for the sale of Products by Lucchi and Guastalli to third parties (the “Customers”) are governed by these General Conditions, which form an integral and essential part of every proposal, order and order confirmation for the purchase of the Products. themselves. The conditions of sale applicable to orders are those in force on the date of the order.
1. Products: prices and features
Unless otherwise indicated, the prices of the Products published on the site by Lucchi and Guastalli are expressed in Euros and must be understood as inclusive of VAT.
The guaranteed price to the buyer is the one published on the Site at the time the order is sent. The purchase price set is fixed and final.
The prices of the Products published from time to time by Lucchi and Guastalli on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The images of the products are indicative and not binding.
The Customer is responsible for choosing the Products ordered
2. Orders – billing
Each order of Products sent to Lucchi and Guastalli constitutes the Customer’s contractual proposal. The fulfillment of the order by Lucchi and Guastalli is equivalent to its confirmation and acceptance.
The fiscal documentation relating to the ordered Products will be issued by Lucchi and Guastalli at the time of shipment of the Products to the Customer.
An invoice will be issued by Lucchi and Guastalli, the Customer must indicate the exact data required for billing and specify the shipping address of the invoice itself.
3. Execution of the order
The order will be executed within the terms specified on the Site.
Deliveries usually take place within 10 working days for Italy for all Products indicated as “available”.
In case of non-execution of the order by Lucchi and Guastalli (if the same is due to unavailability of the Products ordered by the Customer), Lucchi and Guastalli will as soon as possible inform the Customer of the expected delivery times for the supply of the Missing product.
If the Customer does not intend to wait for this time, in any case not exceeding 30 working days, Lucchi and Guastalli will reimburse any sums already paid by them for the supply not made.
In the event of stock failure or unavailability of the ordered Product, Lucchi and Guastalli undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm his choice by e-mail, i.e. wait for the availability of the Product or request a refund.
4. Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Lucchi and Guastalli.
The Customer will receive by email a notification of receipt showing the order confirmation with all the constituent elements of the contract (products ordered, prices, delivery dates, shipping costs …)
Lucchi e Guastalli reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem regarding the order received.
5. Delivery of Products
The Products are delivered to the address indicated by the Customer.
Shipments will take place after receiving confirmation of payments; for the bank transfer the crediting to our current account is valid, for the payment by credit card the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as DHL, Bartolini, SDA, UPS.
Rates: calculated for each shipment according to weight, volume and place of destination.
Delivery time
Deliveries usually take place within 10 working days for Italy only for products available in stock. The shipping terms indicated on the site, although carefully evaluated, must be understood as non-binding for Lucchi and Guastalli, who can subsequently confirm or modify them, according to their actual needs. Shipping times are indicated in working days.
The shipping term of an order containing items with different delivery times is equal to the greater shipping term of the items in the order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnities of any kind.
Lucchi e Guastalli has the right to carry out, if it deems it appropriate, the delivery of the Products (also relating to the same order) in several successive deliveries.
Delivery is considered to have been made from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
It is important to know that:
Upon delivery, the Customer must check the content, compliance and status of the Product (s). Therefore, upon delivery, Lucchi and Guastalli recommends that the Customer proceed to check the status of the Products delivered before signing the acknowledgment of receipt, and in particular:
– that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
that the packaging is intact, not damaged, wet or otherwise altered, and to check the integrity of the contents.
If the Customer finds anomalies, he must refuse the delivery of the products or put his detailed and dated reservations in writing. These reservations must be confirmed to the carrier by registered mail with return receipt within 3 (three) working days following the delivery of the Products. A copy will be sent to Lucchi and Guastalli.
If the courier’s document is signed without affixing any “reserve”, the Customer will not be able to make any objection about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
Lucchi e Guastalli has the right, at its sole discretion, to deliver the ordered Products by means of a courier of your choice.
Unless otherwise indicated, all deliveries are made to the street level.
Special terms and conditions of delivery must be agreed in advance between the Customer and Lucchi and Guastalli and accepted in writing by Lucchi and Guastalli.
6. Collection of products in case of absence of the customer
In case of absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the deadline set by the carrier, the Products will be returned to Lucchi and Guastalli, which reserves the right to reimburse the price of the Products, leaving the shipping costs to be paid by the Customer.
In the event of an error relating to the Product, the Customer undertakes to return said Product or Products concerned to Lucchi and Guastalli within 7 (seven) days of receipt, provided that they are returned with the sealed package, in their original state and packaging with the accompanying documents.
Once the Product has been received in the correct form and manner, Lucchi and Guastalli will return the Product initially ordered at its own expense.
7. Force majeure
In addition to those normally considered by the jurisprudence, the following cases are explicitly considered as cases of force majeure:
– total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the internet.
In the event of force majeure, the execution of the order will be suspended, initially, in full law.
If after a period of 3 (three) months, the parties ascertain the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
8. Right of withdrawal
8.1 Pursuant to art. 52, par. 1 and 2 of Legislative Decree 206/2005, the Customer (if he qualifies as a “consumer” pursuant to Article 52, par. 1 and 2 of Legislative Decree 206/2005) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the Products.
8.2 The right of withdrawal referred to in Article 8.1 above must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt. in Lucchi e Guastalli, Via Vincinella 13/6 19037 Santo Stefano di Magra (SP), Italy, within 14 (fourteen) working days from receipt of the Products.
8.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by the Customer Service (ordini@lucchieguastalli.com). Once the return has been authorized, the Customer may return the Product to the following address: Lucchi e Guastalli srl, Via Vincinella 13/6, 19037 Santo Stefano di Magra (SP), Italy. Cash on delivery packages will not be accepted.
8.4 Once the Products have been received (and their integrity checked) Lucchi e Guastalli will, as soon as possible, credit the Customer with the cost of the returned Products (as indicated on the invoice) and the shipping costs. The cost of delivering the goods to Lucchi and Guastalli will be borne by the consumer.
8.5 The right of withdrawal referred to in the previous article 8.1 cannot be exercised by the Customer in the event that the Products purchased consist of bottles of oil that have been opened by the Customer or if the items being sold had been ordered and produced expressly on customer order.
In case of damage to the goods during the transport of the returned goods, Lucchi and Guastalli will notify the Customer of the incident (within 5 working days of receipt of the goods in their warehouses), to allow him to promptly file a complaint against the courier he has received. chosen and obtain reimbursement of the value of the asset (if insured); in this case, the Product will be made available to the Customer for its return, at the same time canceling the request for withdrawal.
Lucchi e Guastalli is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
In the withdrawal period referred to in Article 15, the Customer is responsible for the object as custodian. In case of damage or destruction of the Product during the custody of the Customer, the right of withdrawal will lapse.
9. Payment
The order / order payment of the consideration is due from the time of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as to pay, if necessary, VAT or other taxes relating to the importation of the Products in the countries where the delivery will take place.
The accepted forms of payment are: credit card, bank transfer, paypal.
The Customer guarantees Lucchi and Guastalli that he has the necessary authorizations to use the credit card or paypal payment method when ordering or by bank transfer in favor of Lucchi and Guastalli.
In case of non-receipt by Lucchi and Guastalli of the transfer within 10 days following the confirmation of the order, Lucchi and Guastalli reserves the right to cancel the order. The bank details are provided at the time of the order.
For all countries where customs duties are envisaged, these are intended to be paid by the buyer. The payment of these duties is a necessary condition for the delivery of the product ordered and purchased on the site.
10. Non-payment – Retention of title
The ordered Products remain the property of Lucchi and Guastalli until the final and full payment of their price (pursuant to Art. 1523 et seq. Of the Italian Civil Code).
Lucchi e Guastalli reserves the right to claim the Products ordered in the event of non-payment.
11. Complaints
Complaints for non-compliance of the Product (s) delivered with the order must be sent in writing directly to Lucchi and Guastalli, immediately after receipt of the goods.
The Customer must keep the original packaging and the delivery document.
12. Nominative information
The computerized processing of information, including the management of the e-mail addresses of users of the site, is carried out in accordance with the provisions of the law.
The nominative information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts.
For this purpose, such information may be disclosed to the contractual partners of Lucchi and Guastalli.
The Customer can oppose such communication and in accordance with the law he avails himself of the right of access, modification, rectification and cancellation of the data concerning him by contacting Lucchi and Guastalli, Via Vincinella 13/6, 19037 Santo Stefano di Magra (SP) , Italy. To avoid any attempt at fraud, Lucchi and Guastalli may ask you for proof of your identity, of your domicile.
13. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
14. Failure to waive
For Lucchi and Guastalli, the fact of not asserting a lack on the part of the Customer with respect to any of its obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time.
15. Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may be included in or out of these general conditions.
16. Intellectual property
Lucchi e Guastalli is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog, consequently, the partial or total reproduction, on any type of media, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.
17. Nullity
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
18. Jurisdiction
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of La Spezia.
Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the Lucchi and Guastalli
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