Terms of use
Index
1. Definitions
2. Object
3. Conclusion of the Sale and Purchase Agreements
4. Availability of Products
5. Errors and/or inaccuracies in the Online Shop
6. Intellectual Property
7. Governing Law
8. Contacts
1. Definitions
The terms and locutions listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.
● Customer: means any subject (natural or legal person) who purchases one or more Products through the On-Line Shop, accepting the General Conditions.
● Labolsina srl: means Labolsina srl, with registered office in via Monte Bianco 4 Monza 20900, a company that carries out the retail sale of the Products through the On Line Shop.
● Parties: means jointly and the Clients.
● General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by Labolsina srl
● On Line Shop: means the virtual shop, managed by and accessible via the URL http://www.labolsina.com, through which it is possible to purchase the Products.
● Sale and Purchase Agreements: means the sale and purchase agreements for the concluded Products, pursuant to art. 3, between Labolsina srl and the Customers through the On Line Shop.
● Orders: means purchase orders for Products sent by Customers, in accordance with the General Conditions and following the procedure set out in art. 6.
● Order Confirmation: means the e-mail message through which Labolsina srl communicates acceptance of Orders to Customers.
● Price: means the sale price of the Products as indicated in the On-Line Shop in correspondence with the Products themselves.
● Products: means the products published in the On Line Shop for the purpose of their sale.
● Profile: means the area of the Online Shop in which Customers can, after authentication: (i) view and modify their personal data and the addresses where the Products object of the Orders must be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function related to their activity in the Online Shop.
2. Object
2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part thereof.
2.2 Labolsina srl reserves the right to modify the General Conditions at any time, it being understood that those published in the Online Shop at the time the Orders are sent by the Customers will be considered applicable to the Sale and Purchase Agreements.
2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Purchase Agreements published in the On-Line Shop, the most favorable terms and conditions for Customers will apply.
3. Conclusion of the Sale and Purchase Agreements
3.1 Labolsina srl undertakes to send the Order Confirmation to the Customers within 2 working days of receiving the Orders from the Customers.
3.2 The Sale and Purchase Agreements are understood to be concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the term indicated in art. 3.1, the relevant Order shall be considered rejected by Labolsina srl and, therefore, ineffective.
3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchasing the Products pursuant to art. 6 and that I have fully accepted the General Conditions as well as that I have read all the additional information contained in the On-Line Shop, also referred to via links.
3.4 The Orders will be filed in the Online Shop database, according to the methods and in compliance with the provisions of Legislative Decree 06.30.2003 n. 196 ("Privacy") and will be accessible by contacting the references referred to in art. 16 or by accessing the Profile.
4. Availability of Products
4.1 Without prejudice to the provisions of art. 4.6, for each Product published in the Online Shop, indicate whether it:
(i) is available at its warehouses;
(ii) is not available in its warehouses;
(iii) is available "upon request";
(iv) is "customizable".
4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without this implying any liability towards the Customers.
4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" pursuant to art. 4.1 (ii) cannot be ordered by Customers. In the event of unavailability of a Product indicated as available at the time the Order is sent by a Customer, Labolsina srl, without prejudice to the provisions of art. 3.2, undertakes to indicate to this Customer, in a subsequent communication by e-mail, the indicative times foreseen for a new availability of the Product/s object of the Order sent by the Customer. The Customer can withdraw the Order within 48 hours of receiving this communication (without prejudice to the right of withdrawal pursuant to art. 9) by sending an e-mail message to the address specified in art. 16. In this case he undertakes to reimburse the Price as quickly as possible.
4.4 If in correspondence with a Product there is the indication available "on request" it means that such Product, at that moment, is not available in the warehouses but that it will be care to order it from the central warehouses after the Customer has ordered it.
4.5 If in correspondence with a Product there is the indication "customizable" it means that this Product can be modified/adapted/customized according to the specific requests of the Customers. In this case, Customers must specify their requests in the space provided when placing the Orders. After sending the Order Confirmation, he undertakes to communicate to the Customers, by e-mail, the deadline for the shipment of the personalized Product. While undertaking to do everything in its power to ensure compliance with this deadline, the same is to be understood as merely indicative and does not imply any constraint for Labolsina srl;
4.6 Labolsina srl reserves the right not to indicate the availability of or some Products published in the On-Line Shop.
5. Errors and/or inaccuracies in the Online Shop
5.1 Labolsina srl undertakes to constantly check the On-Line Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Store contains, or may contain, errors, inaccuracies or omissions over time. 13.2 therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.
6. Intellectual Property
All intellectual property rights associated with the On-Line Shop (including the contents) are the exclusive property of Labolsina srl The On-Line Shop and its contents may not be reproduced either in whole or in part, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of Labolsina srl
7. Governing Law
7.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles from 50 to 67 governs remote contracts - and by Legislative Decree 70 of 09/ 04/2003 on electronic commerce) and must be interpreted in the light of this.
7.2 The Court of Monza will have exclusive jurisdiction over any controversy that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements.
8. Contacts
For further information and assistance on the On-Line Shop or on the methods of purchasing on the On-Line Shop or on the Sale and Purchase Agreements, Customers can contact our customer service department, or by letter to the address below:
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