TERMS & CONDITIONS
1.1 These General Sales Terms and Conditions for online purchases (hereinafter the “GSTC”) regulate the contract (hereinafter the “CONTRACT”) for the sale of products (hereinafter the “PRODUCT” or the “PRODUCTS”) offered by Tessitura Carlo Lamperti e Figlio S.p.A.- with head office in Via della Tecnica n. 8, 23875 Osnago (LC). CF/VAT n. 1300113015, REA n. 1610038 (hereinafter “Tessitura Carlo Lamperti”) – through its Internet website www.carlolamperti.com (hereinafter the “SITE”) to users of the SITE (hereinafter the “CLIENT” or “CLIENTS”).
2. Effectiveness and modifications to the GSTC
2.1 The GSTC applicable to the sale of PRODUCTS are those published on the SITE on the date of the order for PRODUCTS. The CLIENT should therefore read the GSTC each time he/she intends to make a purchase on the SITE.
2.2 According to the peculiarity of the products, some sales campaigns could be subject to specific sales terms and conditions, in addition to the here mentioned GSTC. These special conditions will be always included and accessible in the section “”description”” of the on-line shop through a dedicated link. The member should necessarily accept these special conditions each time he/she intends to purchase the product which is subject to these specific sales campaigns, and to the GSTC besides.
2.3 The mere tolerance by Tessitura Carlo Lamperti of any breaches by the CLIENT regarding the contents of the GSTC or failure of Tessitura Carlo Lamperti to raise objection to the same may not be interpreted as a tacit acceptance of any such breaches, nor as an intention to suspend the terms previously agreed between the parties.
The CONTRACT is regulated in every aspect exclusively by the GSTC applicable from time to time.
3. Purchasing procedure
3.1 Purchases and shipments are valid only in Italian and European territory
3.2 The offer of the PRODUCTS displayed on the SITE is subordinated to their real availability.
The technical steps to be followed in order to close the Contract are the following:
– the CLIENT should sign up on the SITE, by communicating his/her own email address and a password of his/her own choice, which will become the references of the access to the SITE.
– The registered CLIENT will enter in the section “shop” on-line, where he/she will be able to see and find out about the offers of the PRODUCTS, with essential features of the PRODUCT and the price included; moreover, he/she will be able to see the pictures of the PRODUCT, published only for illustration purposes.
– Within the section “shop” the CLIENT will be able to choose the PRODUCT he/she would like to purchase, which will automatically go into the section “shopping cart”, where it will be possible to find out, before the purchase and the payment, the shipment costs and the expected delivery time.
– To confirm the purchase, the CLIENT will have to input into the section “shopping cart” the delivery address and any other useful data during the payment procedure, therein the data of the credit card or of his/her own PayPal account included; these data are changeable till the ultimate forwarding of the order, accomplished through a “click” on the “confirm purchase” button.
The payment can be settled through credit card or “PayPal” payment system or bank transfer.
The debit will be charged within 12 hours from the transmission of the order confirmation by the CLIENT.
3.4 The CONTRACT shall be considered as effective upon receipt by Tessitura Carlo Lamperti of the payment of amount due.
Once the compensation has been received, Tessitura Carlo Lamperti will send the order confirmation per email to the CLIENT.
However, the CONTRACT will be rescinded in case the PRODUCT is not available, as indicated in Art. 4.3.
3.5 In case of multiple orders, the contracts will be as many as the ordered PRODUCTS.
The effect of each contract is subordinated to the real availability of the PRODUCT, as already stated in the previous art. 3.3 and in the following art. 4.3.
3.6 The essential features of the PRODUCTS, included therein the validity of the offer, the VAT price and the delivery costs, are all accessible and recognizable by the CLIENT before the conclusion of the CONTRACT and the fulfillment of the payment. In particular, the essential features of the PRODUCTS can be seen by acceding to the dedicated section of the SITE named “shop”, where Tessitura Carlo Lamperti will also publish, if possible, some pictures for illustration purposes only, besides the description and the features of the PRODUCT.
Tessitura Carlo Lamperti does not charge any cost for the access to its SITE. The costs incurred by the CLIENT are exclusively the ones related to the Web surfing, according to the agreement between the CLIENT and its Internet Provider. Tessitura Carlo Lamperti is not liable for any costs associated with your use of the Sites.
3.7 Once the ORDER has been received, Tessitura Carlo Lamperti will send the CLIENT the order confirmation, containing a summary of information relating to the sale, and will proceed to fulfill the ORDER, except as envisaged in Art. 4.2.
4. Rights and obligations of Tessitura Carlo Lamperti
4.1 Delivery of the PRODUCTS: Tessitura Carlo Lamperti undertakes to deliver the PRODUCTS to the address indicated by the CLIENT in the ORDER, except as envisaged in Art. 4.3. Delivery service will be made by a courier in charge of it. Tessitura Carlo Lamperti will not be responsible for any delivery errors due to the CLIENT indicating inaccurate or incomplete information in the ORDER or the unavailability of the CLIENT.
4.2 The PRODUCTS will be delivered on the date indicated on the order confirmation, or in any case within 30 days from the contract conclusion.
Delivery costs will be generally charged to the CLIENT.
4.3 PRODUCTS unavailability: in case of unavailability of one or more of the purchased PRODUCTS, the CLIENT will be informed of that by Tessitura Carlo Lamperti within 20 days from the purchase by electronic means to the e-mail address associated to the CLIENT profile. In this case, the CONTRACT will be rescinded and Tessitura Carlo Lamperti will refund (using the payment card or Pay Pal account indicated by the customer for the purchase) the price and the shipping costs (if the purchase has been about the only not available product or, in case of multiple orders, limited to the shipment costs concerning the unavailable PRODUCT).
In case of multiple orders, the unavailability of one or more of the PRODUCTS ordered shall not give the CLIENT the right to cancel the entire order.
4.4 Promotions: Tessitura Carlo Lamperti, during defined time intervals, develops promotional campaigns in order to promote the registration of new members in its newsletter service. Tessitura Carlo Lamperti reserves the right to interpret the conditions of the promotions, to extend them by communicating it in the due ways and times, and to proceed to the exclusion of any participant to promotions in case of identified anomalies, misuses or unethical behaviors
5. Rights and obligations of the customer
5.1 The CLIENT is the sole person responsible for the truthfulness of the data and the correctness of the information given to Tessitura Carlo Lamperti during registration on the SITE, and undertakes to promptly communicate any variations in the data entered.
5.2 During registration and sending of the order, the CLIENT declares:
a) to have read, understood and accepted the GSTC;
b) to authorize Tessitura Carlo Lamperti to the processing of personal data communicated at the time of the purchase, and to transmit the necessary personal data for the processing of the payment to Tessitura Carlo Lamperti (as specified in Art. 3)
5.3 Payments: in the case of payment by credit card, Tessitura Carlo Lamperti reserves the right to request a copy of an identity document to be sent within 24 hours, proving actual ownership of the credit card used, with the understanding that if this is not sent, Tessitura Carlo Lamperti may refuse payment and cancel the order. The purchase receipt corresponding to the order will be displayed on the SITE and can be printed.
5.4 Delivery of the PRODUCTS: when the courier service entrusted with their transport delivers the PRODUCTS to the CLIENT, the CLIENT must check:
a) that the quantity and type of PRODUCTS ordered correspond to those indicated in the transport document;
b) that the packaging used for shipment is intact and not damaged, wet or in any other way altered, even only in its closure materials;
c) that the quantity and type of the delivered PRODUCTS correspond to what has been ordered.
Any discrepancies must be notified immediately to the courier service upon receipt of the PRODUCTS and indicated on the way bill.
5.5 Assistance: for any need of support or complaint concerning the PRODUCTS, the CLIENT may contact Tessitura Carlo Lamperti at the address indicated in the paragraph 11 of the GSTC.
6.1 Warranty: Tessitura Carlo Lamperti, in relation to the PRODUCTS, ensures the legal guarantee of compliance with the terms and conditions laid down in Articles. 128 et seq. D. Decree No. 206/2005.
In particular, in case of lack of conformity, the CLIENT will have the right to obtain the return of the price and of the shipment costs.
6.2 The rights arising from the legal guarantee of conformity may be exercised on the condition that the PRODUCTS have been used correctly, with due diligence and in accordance with the intended use and as provided in the enclosed directions, as well as prior show of the way bill and indication of the order number. The costs concerning the return of the PRODUCTS due to the exercise of the guarantee shall be borne by Tessitura Carlo Lamperti.
6.3 The legal guarantee of conformity shall apply only to defects not resulting from normal use of the PRODUCT.
7. Right of withdrawal
7.1 The CLIENT has the right to withdraw from the contract, without any penalty and without specifying the reason, after receiving the order confirmation sent by Tessitura Carlo Lamperti and within 14 (fourteen) days of the date of receipt of the PRODUCTS at the delivery address indicated.
In case of multiple PRODUCTS orders, or PRODUCTS composed of multiple batches or parts, the above mentioned term will run from the receipt of the last of the PRODUCTS or batches.
Full proof of receipt the date stated on the delivery note.
7.2 If the PRODUCT has already been delivered, the CLIENT must return it to Tessitura Carlo Lamperti. For this purpose:
– the essential integrity of the PRODUCT to be returned is an essential condition for the exercise of the right of recess: refund right shall not be valid in case the returned items are damaged, but only in case these are in normal condition.
– shipping costs to Tessitura Carlo Lamperti are to be considered at the CLIENT own expense, who must return the PRODUCT duly packaged; a copy of the delivery document received must be included in the package.
7.3 If the CLIENT exercises the right of withdrawal in accordance with the provisions of these conditions for sale, Tessitura Carlo Lamperti shall refund the sums the CLIENT paid when completing the online purchase procedure on the credit card or the PayPal account or using the bank account information the customer provides. The refund shall be at no charge within 14 (fourteen) days after the date on which Tessitura Carlo Lamperti became aware that the CLIENT was exercising the right of withdrawal.
7.4 The refund right exercised in conformity with the above conditions, shall not be valid in case:
– the items are customized or made to measure products, or of goods which, by their very nature may not be reshipped, or which may rapidly deteriorate or perish;
However, the right of withdrawal cannot be exercised in case the PRODUCT has been handled other than what is necessary to establish its nature, characteristics and functioning.
8. Using the website
8.1 PRODUCTS description and visualization: The PRODUCTS descriptions and the images present on the SITE correspond to what Tessitura Carlo Lamperti’s suppliers have made available to Tessitura Carlo Lamperti. The photographs and videos presenting the PRODUCTS, as well as the descriptive information, are published on the SITE for descriptive purposes, considering the fact that the quality of the images, including an accurate display of the color options, may depend on the software and computer instruments the CLIENT uses when he connects to the SITE.
8.2 Malfunctioning: as they are beyond its control, Tessitura Carlo Lamperti accepts no responsibility with regard to problems the CLIENT may encounter in using the SITE and the technologies it uses, including but not limited to the following:
a) any errors, delays or impossibilities in accessing the SITE by the CLIENT while carrying out the sale procedure;
b) any errors, delays or impossibilities for the CLIENT to receive communications made by Tessitura Carlo Lamperti in relation to the sale of PRODUCTS.
9. Intellectual and Industrial Property Rights
9.1 Tessitura Carlo Lamperti notes that the SITE, its visualization, as well as all trademarks and distinctive marks utilized in relation to sales of the PRODUCTS offered, are protected by the applicable intellectual and industrial property rights, and that every type of reproduction, communication, distribution, publication, alteration, or transformation of the content of the SITE, as well as all trademarks and distinctive marks utilized by Tessitura Carlo Lamperti (like, for example, the work, images, photographs, designs, dialogues, presentations, music, sounds, videos, graphic, colors and the functioning and design of the SITE), is prohibited in any form and for any purpose.
9.2 Tessitura Carlo Lamperti assumes no responsibility for trademarks and other distinctive marks that appear on the PRODUCTS it markets on the SITE, for which the customer acquires no rights as a result of concluding the CONTRACT.
10. Protection of Personal Information
10.1 Tessitura Carlo Lamperti acts as data controller for the personal information gathered at the time of registering with the SITE , as well as for any information later provided when the CLIENT makes the purchase.
For information regarding the processing of personal information, including the rights set out in Art. 7 of Legislative Decree 196/03, refer to the detailed disclosure already provided upon registration with the SITE and therein always available.
For any correspondence, Tessitura Carlo Lamperti can be contacted at the following addresses:
Tessitura Carlo Lamperti e Figlio
Via della Tecnica, 8
23875 Osnago (LC)
In any case, Tessitura Carlo Lamperti specifies that any correspondence with the CLIENT cannot be added to the CONTRACT, which will be always regulated by the hereby GSTC, as well as, where present, by the special conditions of the promotional campaigns.
12. Applicable Law
12.1 The CONTRACT of sale between the CLIENT and Tessitura Carlo Lamperti is concluded in Italy and governed by Italian law. In particular, the disposition in Chapter I of Title III of Part III of the Consumer Code (Legislative Decree 206/2005) will be applied.
12.2 The invalidity of single clauses of the CONTRACT or of the GSTC will not imply the invalidity of the entire CONTRACT or of the GSTC.
13. Links to Other Web Sites
The SITE contains links to other Web sites that are not under the control of Tessitura Carlo Lamperti. Tessitura Carlo Lamperti has no responsibility, for any reason, cause or title, for the content of the linked sites or for the link addresses, nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users. Moreover, Tessitura Carlo Lamperti clarifies that all the pictures in the section “Lamperti ideas and emotions da..” are published on the SITE for descriptive purposes, ascribing their real property to the corresponding owner of the linked sites.