Terms and Conditions of Service

GENERAL CONDITIONS OF SALE

Art. 1 SCOPE OF APPLICATION

The sale of Products present on the site www.lanaioli.com (hereinafter referred to as the "Site") takes place exclusively in telematic mode and is governed by the following general conditions of sale (hereinafter referred to as the "GTCV").

The products present on the Site are sold directly by Gilda s.r.l., (hereinafter referred to as the "Owner"), a company governed by Italian law, with registered office in Latina viale Pier Luigi Nervi s.n.c., 04100, Tax Code and VAT No. 03207850599.

The use of the distance selling service is reserved exclusively to consumers (hereinafter referred to as "Customer" or, in the plural, "Customers").

The resale or transfer for any commercial or professional purposes of the products purchased on the Site is expressly prohibited. If the user, potential Purchaser, does not fall within the definition of "consumer", he/she is hereby invited to refrain from concluding commercial transactions on the Site.

The purchase of products is governed exclusively by the GTC published on the Site and in force at the time of purchase. The Owner reserves the right to make changes and/or additions to these GTC at any time. Any amendments and/or additions shall only be effective in relation to purchases made after the date of publication of the new version. The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against the Holder of the same in relation to purchases made after their removal from the Site.

The sale of Products concluded at a distance, by means of telematic methods, through the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree No. 70 of 9 April 2003, containing the rules on e-commerce.

Art. 2 DEFINITIONS

"Site" is the website www.lanaioli.com , dedicated to the online sale of the Products marketed by the Controller.

"Owner" is the company Gilda s.r.l. which distributes the Products through the Site.

"Customer" is the natural person acting for purposes not related to his or her own commercial, entrepreneurial, handicraft or professional activity, who is over 18 years of age (or, if a minor, duly authorised by his or her legal representative) who makes a purchase on the Site, accepting these GTCV.

"Order" is the request form for the Products offered for sale by the Holder and filled in by the Customer via the Site.

"Products" are all the Products that, according to what is indicated on the relevant detail page of the Site, are offered for sale by the Owner, the purchase of which is governed by these GTC.

"Price" is the consideration for the sale of the Products marketed by the Holder.

"Business Day" means any day of the week, except Saturdays, Sundays and public holidays under Italian law.

"Contract" is the distance contract having as its object the sale of the Products, in accordance with the GTCs.

"Parties" are Gilda s.r.l. and the Customer.

Art. 3 AVAILABILITY OF PRODUCTS

The Customer accepts that the Products offered on the Site are limited in number and is therefore aware that the Owner must check their availability at the time of the Order.

There may occasionally be inconveniences in relation to the availability of certain Products. In such circumstances, the Owner shall inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of the Order.
In the case of only partial availability, the Customer will be asked whether he prefers to receive the available Products or to proceed to the total cancellation of the Order.

Art. 4 SALE OF THE PRODUCTS

The Products are sold in accordance with the GTCs. By filling in the Order form, the Customer is aware of these GTCs and agrees to enter into the Contract between the parties.

The Contract shall be deemed concluded and binding on the Parties when the Holder transmits the Order Confirmation to the Customer's e-mail address indicated by the Customer in the registration to the Site. The purchase shall be possible within the EU territory.

Prices and Products are subject to change without prior notice. The Owner reserves the right to change or update the Products offered on the Site at any time, without prior notice. The Products offered and their prices are only those visible and consultable on the Site. The Customer is invited to consult the availability of items from the information sheet of each item.

Each product offered for sale can be viewed by means of a special link. The Owner informs that, although it adopts all the techniques aimed at ensuring that the photographs shown on the Site faithfully reproduce the Products, certain variations are always possible due to the technical characteristics of the Products themselves or due to the resolution of the colours with which the device used by the Customer is equipped.

Each Product selected by the Customer on the Site can be viewed on a special web page that contains the description, photographic images and highlights the unit price (including VAT to the extent determined by the regulations in force), the discount that may be applied, the colours and the different sizes or measurements available.

The Customer, upon choosing the articles of his or her interest, will include these Products in his or her 'shopping cart' in which there is a summary of the products selected (size, colour, brief description).

The Customer is required to verify the accuracy of the contents of the "shopping cart" before completing the Order, by completing the on-line Purchase Order form according to the instructions for the sales procedure provided on the relevant page of the Site.

The procedure is completed when the Customer selects the payment method and finalises the order on the checkout page displayed at the end of the relevant procedure.

Sending the Order constitutes proof of the Customer's acceptance of the GTC. The online form for placing the Order must be completed in full; otherwise, the Order cannot be received by the Holder

Each Order and the Customer's data necessary for the purchase will be stored by the Controller for the period of time and in accordance with the conditions provided for by current legislation.
Any use of the data for purposes other than purchase will be subject to the prior and express consent of the Customer, based on the conditions specified in the "Privacy Policy" published on the Site.

The Customer is aware that he/she is responsible for the correctness and truthfulness of all the data entered on the Site or in any case used when filling in the Order.

The placing of the Order by the Customer shall be followed by confirmation of receipt by the Controller, by electronic mail (e-mail).

In the event of partial availability, the Holder will immediately contact the Customer to inform him of the Products available and the Customer may request the cancellation of his reservation of Products. The Customer will be offered the choice between placing an Order for a different item or cancelling the entire Order. If the Customer chooses to cancel the entire Order, the Price paid by the Customer at the time of the Order Proposal will be re-credited.

The Holder, however, reserves the right not to accept the Order issued by a Customer in the following cases

a) non-availability of the Products included in the Order;

b) the existence of a legal dispute between the Holder and the Customer relating to a previous Order;

c) if the Customer on previous occasions has committed violations of the GTC or has failed to fulfil its obligations;

In the aforementioned cases, the Controller shall notify the Client by e-mail, within 5 (five) working days from the date of actual receipt of the Order, of any cancellation of the Orders received. In this case, no Order shall be deemed accepted by the Holder and no contract shall be deemed concluded between the Holder and the Customer.

In the event of no Order Confirmation, the Holder shall reimburse the amount charged at the time of the Order Confirmation made by the Customer, within a maximum of 14 (fourteen) days by re-crediting the amount.

Art. 5 PRICE AND METHOD OF PAYMENT

Prices are expressed in Euro (€) and include the Value Added Tax (V.A.T.) in force by law for the respective product categories.

The Owner reserves the right to change the prices of the Products offered for sale on the Site at any time and without prior notice. The Customer shall be charged the prices published on the Site at the time the Order is sent by the Customer.

The Owner exclusively accepts payments made by credit card, PayPal, Apple Pay, Google Pay. For the purpose of payment by credit card, the Customer confirms and guarantees that he/she is the owner of the credit card used for the purchase and the correctness of all data relating to it, entered during the purchase process. For the purpose of payment by other payment service providers, the Customer confirms and guarantees that he/she is the owner of the account used for the purchase.

Payment of the Price shall be made at the time the Order is placed.

In the event that one or more Products are unavailable, the re-credit of the price of such Products purchased by the Customer will be made within 3 working days.

The payment receipts will be issued in electronic and paper format; they will be available for download in the dedicated section of the Site, as well as in the package with which the Products will be delivered.

Art. 6 RESTRICTIONS ON DELIVERY OF PRODUCTS

For security reasons, the Owner will not confirm any Order addressed to a PO Box nor will it accept any Order in which it is not possible to identify the person who placed the Order or the recipient of the ordered Products or the delivery address.

Art. 7 EXPENSES, TIMING AND DELIVERY METHODS

For the costs, times and methods of delivery, the Customer may consult the dedicated page at the following link: https://lanaioli.myshopify.com/policies/shipping-policy.

Art. 8 FORCE MAJEURE

The Holder shall not be liable for delay in the fulfilment of his obligations under the contract if such delay is caused by circumstances beyond his reasonable control. In the event of a delay due to force majeure, the Holder shall be entitled to an extension of the time required to fulfil such obligations, such extension and time being communicated to the Customer.

Art. 9 RIGHT OF WITHDRAWAL

For the right of withdrawal, the Customer may consult the dedicated page at the following link: https://lanaioli.myshopify.com/policies/refund-policy.

Art. 10 GUARANTEE AND HANDLING OF COMPLAINTS

The legal rules on warranty apply to purchases made by Consumers, including, if applicable, the rules provided for by the Consumer Code on warranty against Consumers. The Products' conformity warranty is valid provided that the defect manifests itself within 24 months from the date of delivery of the Products and that the Customer submits a formal complaint within a maximum period of 2 months from the date on which he discovered the defect

If the Customer discovers any defects in the Products purchased under these GTC, the Customer may, under penalty of forfeiture within 2 (two) months of discovery, contact the Controller in the manner set out in these GTC and request the replacement of the Product.

The Holder shall carry out the requested replacement within a reasonable period of time after receipt of the request from the Consumer. The Holder invites the Customer to describe in as much detail as possible the nature of the defect or fault found and, if necessary, to send a copy of the Order documents or indicate the Order Confirmation number and any other useful data for the correct identification of the claim by email.

Outside the assumptions of warranty for defects, at the time of delivery, the Customer must check the Products to ensure that they correspond to the articles purchased. Any anomaly found on delivery (by way of example, tampering with or damage to the packaging, damaged Products, missing items, etc.) must be indicated on the delivery note in the form of an express reservation signed by the Customer.

In the event that the Products do not correspond to those purchased, the Customer is required to immediately inform the Holder by email to customercare@lanaioli.com and has the right to demand the execution of the Order as originally provided for in the Order Confirmation transmitted by the Holder, subject to return of what has been received, or, in the event that the Products ordered are no longer available, to order different articles of the same nature or, alternatively, to be reimbursed for any difference in price or to cancel the entire Order.

Pursuant to Article 14 of Regulation 524/2013, the Customer is informed that in the event of a dispute he/she may lodge a complaint through the ODR platform of the European Union, which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.

According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code) the Customer may avail himself of the Joint Conciliation Procedure. The Procedure may be initiated if the consumer, after having submitted a complaint to the company, has not received a reply within 30 (thirty) days, or has received a reply that he/she does not consider satisfactory. The customer who decides to avail himself of the Joint Conciliation Procedure is obliged to send his request to: conciliazione@consorzionetcomm.it or fax number 02/87181126. For further information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica .

Art. 11 PRIVACY

The data communicated by the Customer necessary for the execution of the Contract shall be processed in accordance with the provisions of the GDPR 679/2016, as implemented by Legislative Decree 101/2018 on "Personal Data Protection". You are requested to read the information notice at the link: https://lanaioli.myshopify.com/policies/privacy-policy

Art. 12 MODIFICATION OF THE GENERAL CONDITIONS OF SALE

On the occasion of any amendment to these GTCS, the Controller shall promptly publish the amended GTCS on the Site. The amended GTCS shall become an integral and substantial part of the new Contracts, as from the date of the first Order placed by the Customer, following their publication on the Site, and the related Order Confirmation e-mail from the Owner.

Art. 13 COMMUNICATIONS

All communications between the Parties shall be made in writing and sent to the address of the other party indicated in the Order.

Art. 14 APPLICABLE LAW AND COURT OF JURISDICTION

The Contract shall be governed by and construed in accordance with the laws of Italy.

Any dispute arising out of or relating to the Contract shall be subject to the jurisdiction of: a) the Court of the place of residence or domicile of the Customer, if the Customer is a consumer under current legislation; b) exclusively the Court of the registered office of the Owner in all other cases.

Gilda s.r.l.

Latina, 12/12/2022.