GENERAL CONDITIONS OF SALE ON LINE
DISPOSIZIONI GENERALI
These present conditions are valid exclusively between the company LD TRADE di Dominici Luca, with registered office in Via Salvo d’Acquisto, 3 – 61048 Sant’Angelo in Vado (PU), VAT number: 02546760410, hereinafter referred to as “LD TRADE” and any person who makes purchases online on the website www.eyeriseshop.it hereinafter referred to as “CUSTOMER”. These conditions may be subject to change and the date of publication on the site is equivalent to the date of entry into force.
These present conditions govern purchases made on the website www.eyeriseshop.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
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ARTICLE 1 – SUBJECT OF THE CONTRACT
With these general terms and conditions of sale, LD TRADE sells and the CUSTOMER buys at a distance the goods indicated and offered for sale on www.LD TRADE.it. The contract is concluded exclusively through the internet, through the CLIENT’s access to the address www.eyeriseshop.it and the realization of a purchase order according to the procedure provided by the site.
The customer undertakes to consult, before proceeding to the confirmation of his order, these general terms and conditions of sale, in particular pre-contractual information provided by LD TRADE and to accept it by placing a flag in the box indicated.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and store a copy of these general terms and conditions of sale, as provided by art. 51 (1) of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
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ARTICLE 2– PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the purchase contract, the CUSTOMER takes note of the characteristics of the goods, which are illustrated in the individual product sheets at the moment of the CUSTOMER’s choice.
Before validation of the order with “obligation to pay”, the CLIENT is informed about: –total price of goods including taxes, with details of shipping costs and any other costs; – methods of payment; – the period within which LD TRADE undertakes to deliver the goods; – conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014; –information that the CUSTOMER will bear the cost of returning the goods in case of withdrawal; – existence of the legal guarantee of conformity for the goods purchased; – conditions of after-sales assistance and commercial guarantees provided by LD TRADE.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to LD TRADE, the geographical address, telephone and fax numbers, e-mail address, information that is given below:
LD TRADE di DOMINICI LUCA
sede legale Via Salvo d’Acquisto, 3 – 61048 Sant’Angelo in Vado (PU)
Tel +39 328 7684103
eyerise@pec.it
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ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the dispatch by LD TRADE to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above e-mail and to promptly notify LD TRADE of any corrections/changes to be made.
LD TRADE undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product shown on the site and the actual product. Furthermore, the photographs of the products presented on www.eyeriseshop.it do not constitute a contractual element, as they are to be considered only representative.
LD TRADE undertakes to deliver the goods within 30 days from the date on which LD TRADE sends the order confirmation e-mail to the CUSTOMER.
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ARTICLE 4 – AVAILABILITY OF PRODUCTS
La disponibilità dei prodotti si riferisce alla disponibilità effettiva nel momento in cui il CLIENTE effettua l’ordine. Tale disponibilità deve comunque essere considerata puramente indicativa in quanto:
– i prodotti potrebbero essere venduti ad alti CLIENTI prima della conferma dell’ordine, per effetto della contemporanea presenza sul sito di più utenti,
– potrebbe verificarsi un’anomalia informatica tale da rendere disponibile all’acquisto un prodotto che in realtà non lo è.
Even after sending the e-mail order confirmation sent by LD TRADE, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the product or products not available and the CUSTOMER will be immediately informed by e-mail, with this e-mail the customer will also be informed of the methods and timing of refund of any amounts paid.
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ARTICLE 5 – PAYMENT METHODS
Any payment by the CUSTOMER can only be made using the credit cards indicated on the website www.eyeriseshop.it, by bank transfer, with the Paypal payment method (where applicable).
In case of payment, the actual debit of the order amount will take place only when the order is complete and ready for shipment.
The communications relating to the payment and the data communicated by the CUSTOMER at the time this is carried out take place on special protected lines.
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ARTICLE 6 – PRICES
All the sale prices of the products indicated on the website www.eyeriseshop.it are expressed in Euro and include VAT and, where applicable, the Raee contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right of LD TRADE to modify its prices at any time, however, the goods will be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and indicated in the confirmation e-mail sent by LD TRADE to the CUSTOMER.
In the event of computer, manual, technical or any other error that may result in a substantial change, not provided for by LD TRADE, in the price of sale to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CLIENT will be refunded within 14 days. from the day of cancellation.
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ARTICLE 7 – RIGHT OF WITHDRAW
Return of products and right of withdrawal
7.1 In general, no return of items will be permitted without the prior written consent of LD TRADE, except as indicated below
7.2 Returns are not permitted for health care products, electromedical products, those subject to customization at the request of the customer, or other items that, although provided by LD TRADE, were not available as part of the offer on the website www.eyeriseshop.it and, therefore, were specifically ordered at the request of the customer.
Pursuant to articles 52 and subsequent of the Consumer Code, the Customer who is a consumer has the right to withdraw from the contract of purchase of the Product, without penalty and without specifying the reason, within 30 (thirty) days of receipt of the Product (or in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good).
The customer who wants to exercise the withdrawal must send LD TRADE an explicit written notice to that effect, within 14 days from the date of receipt of the Product. Such notice must be sent by e-mail to the following address “info@eyerise.it”, or via PEC to the following address “eyerise@pec.it” or by registered mail to the following address LD TRADE Dominici Luca – Via Salvo d’Acquisto, 3 – 61048 Sant’Angelo in Vado (PU).
The Customer may exercise the withdrawal either by sending any explicit statement containing the decision to withdraw from the contract, or, alternatively, by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is given below:
Model withdrawal form pursuant to art. 49, paragraph 1, letter h)
(Please fill in and return this form only if you wish to withdraw from the contract)
LD TRADE di Dominici Luca, con sede legale in Via Salvo d’Acquisto, 3 – 61048 Sant’Angelo in Vado (PU)
telefono: __________ – fax: ____________
Pec: __________________________
I/we (*) hereby give notice (*) that I/we (*) am withdrawing from my/our (*) contract of sale of the following goods/services (*)
– Ordered on (*)/received on (*)
– Name(s) of consumer(s)
– Address(es) of consumer(s)
– Signature(s) of consumer(s) (only if this form is sent on paper)
– Data
(*) Delete as appropriate.
In the notice of withdrawal, the customer must indicate the order number of the purchase, the product or products for which you intend to exercise the right of withdrawal, as well as the clearly expressed desire to withdraw from the purchase. It is also advisable for the customer to attach a copy of the tax documentation of the purchase to the notice of withdrawal.
Once received the notice of withdrawal, the Customer Service of LD TRADE will promptly notify the customer of the unique code RMA (Return Merchandise Authorized) that you request the customer to use for the return of the product. The Product must be returned to LD TRADE within 30 (thirty) calendar days from the communication of the RMA code. For the purposes of the deadline, the Product is deemed to have been returned at the time it is delivered to the accepting post office or shipper.
The substantial integrity of the goods is an essential condition for the exercise of the right of withdrawal. The Product must therefore be kept with normal diligence and returned intact, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc..), fully functional and free of signs of damage, wear or dirt and therefore can no longer be considered intact and marketable. If the serial code of the Product is inserted on the packaging, as, for example, for electronic products, it is part of the product and, consequently, the Product must be returned in the original packaging, which must be placed in a further packaging, as it can not be affixed on the same RMA code or any other label or tape. The withdrawal, moreover, is applied to the Product in its entirety. It cannot be exercised in relation to parts and/or accessories of the Product.
The costs of returning the Product are charged to the Customer. The return takes place under the full responsibility of the Customer until the receipt of the Product by LD TRADE. The Customer is liable for any damage that the Product may suffer during transport.
Provided that the customer has complied with the terms and conditions for exercising the right of withdrawal, LD TRADE will proceed, within 60 days from the date on which it was informed of the exercise of the right of withdrawal, to refund the amounts paid by the customer for the product. The refund will not include the cost of return at the headquarters of LD TRADE. In accordance with Article 56(3) of the Consumer Code, unless LD TRADE has offered to collect the goods himself, LD TRADE may withhold the refund until it has received the goods or until the consumer has demonstrated that he has returned the goods, whichever occurs first. The refund will be made by reversal of the amount charged to the customer’s credit card, if he has used this method of payment, or, in all other cases, by bank transfer. In the latter case, it will be the customer’s responsibility to provide promptly in writing, even in the same notice of withdrawal, the bank details to allow LD TRADE to make the refund.
If the product is damaged during transport, LD TRADE will notify the customer of the incident within 5 working days of receipt of the product, to enable him to exercise the rights that are due to the customer under the contract of carriage. In this case, the Product will be made available to the customer, so that it can return in possession of the same and, simultaneously, not existing the condition of the integrity of the Product, will be refused the request for withdrawal.
The provisions of Articles 48 to 67 of the Consumer Code do not apply to contracts negotiated away from business premises on the basis of which the amount that the consumer must pay is not more than 50 (fifty) euros. However, the provisions of this Chapter shall apply in the case of several contracts concluded simultaneously between the same parties, if the amount of the total consideration to be paid by the consumer, regardless of the amount of the individual contracts, exceeds the amount of 50 euros.
As provided for in art. 59 of the Consumer Code and given what was previously indicated in point 7.2, the right of withdrawal does not apply:
1. a) in the case of provision of services after the complete provision of the service if performance has begun with the express consent of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by LD TRADE;
b) in the case of the supply of goods made to measure or clearly personalized or which, by their nature, can not be returned or are likely to deteriorate or expire rapidly;
c) in the case of the supply of sealed audiovisual products or computer software, opened by the consumer;
d) in the case of the supply of consumables (e.g. cartridges, toners), if the packaging is not sealed;
e) if the purchase is made in the Outlet section (e.g. reconditioned, used or end-of-series products);
f) in the case of the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery;
g) professionals and companies in respect of whom the invoice has been issued, not falling into the private sphere;
h) underwear without original packaging or worn;
i) for hygienic reasons, objects and accessories whose use involves contact with intimate parts or mucous membranes or body secretions, without the original packaging or in any case if it is established that contact with intimate parts of the body (eg fouls, vibrators, vaginal balls, mouth bites, etc..)
If the withdrawal has not been exercised in accordance with the provisions of Articles. 52 et seq. of the Consumer Code and, in particular, if the Product is not complete in all its parts and / or accompanied by its accessories and / or elements that form an integral part (eg: cables, batteries, manuals, etc..) and / or is devoid of the original packaging, when it is part of the Product or even when it is damaged or used by the Customer beyond the limit of normal diligence, it will not result in the termination of the contract and, consequently, will not be entitled to a refund of the amount paid by the Customer for the Product. The Product will remain at LD TRADE at the disposal of the customer for collection which must be at the expense and responsibility of the customer.
The consumer shall be liable only for any diminished value of the goods resulting from any handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, the consumer may only handle and inspect them in the same way as he would be allowed to in a shop. For example, the consumer only has to try on a garment, without being able to wear it. Consequently, during the withdrawal period, the consumer must handle and inspect the goods with due diligence.
Returned goods must be intact, packed in their original packaging and complete with any manuals without any lack. Otherwise LD TRADE will reduce, upon notice to the customer, a percentage between 10% and 50% of the value of the goods at the time of return, being the product itself not re-saleable.
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ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of defective products or products that in any case do not conform to the orders made, the CUSTOMER has the right to have the conformity of the product restored without charge by repairing or replacing the product. The CUSTOMER may exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to LD TRADE within two months of discovery. In order to exercise the above right, the customer must proceed to the creation of a computer practice of return by accessing the section “My orders” of the space “My account on line” on the site eyeriseshop.it. LD TRADE, in case of defective or non-compliant product, will arrange, at its own expense, to collect the product, subject to availability of the CLIENT.
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ARTICLE 9 – COMMERCIAL GUARANTEE
All products presented on the website www.eyeriseshop.it benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product sheets of the articles.
In order to benefit from the warranty service, the CUSTOMER must keep the invoice sent at the time of order”.
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ARTICLE 10 – DELIVERY TERMS
LD TRADE will only accept orders to be delivered within the European Union and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days from the date of receipt by the CUSTOMER of the e-mail order confirmation sent by LD TRADE.
For each order placed on the site www.LD TRADE.it, LD TRADE issues an invoice for the goods shipped. The invoice is available and printable, after the order has been processed, in the “My orders” section of the “My LD TRADE account” space of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
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ARTICLE 11 – RESPONSIBILITY
LD TRADE does not assume any responsibility for disruptions due to force majeure or fortuitous event, even if dependent on malfunctions and disruptions of the Internet, if it fails to execute the order within the time provided by the contract.
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ARTICLE 12 – COOKIES
The website www.eyeriseshop.it uses “cookies”. Cookies are electronic files that record information relating to the navigation of the CUSTOMER in the site (pages consulted, date and time of consultation, etc. ..) and that allow LD TRADE to offer a personalized service to its customers.
LD TRADE informs the customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the customer to proceed with the purchase online.
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ARTICLE 13 – COMPLETENESS
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more of the provisions of these General Terms and Conditions of Sale is considered invalid or declared invalid under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
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ARTICLE 15 – APPLICABLE LAW AND COMPETENT COURT
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that is not amicably resolved shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the Italian State. In any other case, the court of jurisdiction will be Pesaro.
In any case, it is possible to voluntarily resort to the mediation procedures set forth in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these terms of sale by accessing the following site: https://webgate.ec.europa.eu/odr General terms and conditions of sale updated on 4 August 2019