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General terms of sale

1.0 General Terms

1.1

This On Line shop, lastupenderia.com (hereinafter called “ Shop”) belongs to Luxury Children’s Wear S.r.l. (hereinafter, "Lcw") with registered office in Milan (ITALY) Viale Regina Margherita, no. 35 - 20122 Milano (MI) – Italia, VAT 08441090969. Lcw S.r.l. is the sole owner of rights on properties, logos, trademarks, copyrights applied to the Shop and Products.

1.2

These general terms of contract (hereinafter “General Terms”) regulate relationship between customer (hereinafter "Customer") and Lcw (jointly, hereinafter, “Parties”) to purchase Luxury Children’s Wear S.r.l. products (hereinafter “Products”) every time made available in the Shop to this purpose.

The language chosen to draw up contracts is English.

1.3

Customer has to carefully read terms and conditions of “General Terms” made available to him in the Shop, in order to allow their storage and reproduction according to article 12 of Italian Law Decree 9th April 2003, n. 70 ( Enforcement of Directive 2000/31/CE)

1.4

Contracts drawn up with Lcw, by entering the Shop, are regulated by the Italian law and, particularly, by Law Decree 6th September 2005, n. 206 (Consumption Code) and by Law Decree 9th April 2003, n. 70 (Enforcement of Directive 2000/31/CE concerning certain legal aspects of the information company services on the internal market, particularly referring to electronic commerce).

2.0 Product Availability

2.1

Every product on sale On Line is subject to the present availability.

Lcw reserves the right to change at any time quantity and/or quality of goods purchasable.

The Customer will be promptly informed if his order cannot be met because of unavailability of the product ordered.

3.0 Price

3.1

Product prices are expressed in Euros €

As for products shipped within the European Union, prices are meant inclusive of VAT.

As for Products shipped to Countries out of the European Union, prices are meant exclusive of VAT.

Delivery costs are not included.

3.2

World Way Web constantly checks if all prices reported on the Shop are correct, even if this cannot guarantee absence of errors. In case a mistake is found in the price of one product, World Way Web will give the Customer the opportunity of confirming Product purchasing at the correct price or cancelling it.

4.0 Terms of Purchasing

4.1

Product features and prices are reported in the offer relative to each single product present on the Shop.

4.2

To purchase Products, Customer will have to fill in and send to Lcw the purchasing order form in electronic format, following the instructions present on the Shop. In order to accomplish the order Customer will have to register in the Shop putting in the compulsory data and choosing a password, all details concerning data management will be made known to Customer at registration time.

After reading and accepting the contribution for delivery costs, as well as General Conditions, Privacy Policy, Terms of Right of Withdrawal, he will have to select the desired terms of payment and forward the order. By forwarding the order to Lcw, Customer acknowledges and states he has read all instructions given to him during purchasing procedure and fully accepts General Conditions, also recalled by link.

5.0 Contract drawing up

5.1

Contract drawn up between Lcw and Customer has to be considered entered as soon as Lcw sends you Confirmation of Order Acceptance by mail.

5.2

Lcw will take care of forwarding the Customer, by e-mail, an acceptance confirmation of the purchasing order sent by Customer, containing a summary of the basic characteristics of the purchased Products, order execution date, delivery address chosen, detailed indications on price, terms of payment chosen by Customer, delivery costs. Customer must, without delay, verify the content of communication and immediately inform Lcw of errors or omissions.

In case Customer, within 24 hours since order forwarding, does not receive confirmation of order acceptance, he has to promptly contact Lcw to the address: shop@lastupenderia.com

5.3

If Customer applies for it, immediately after sending the order, Lcw issues invoice for the goods shipped, by sending it by e-mail or mail to the holder of the order, according to D.P.R. 445/2000 and D.L. (Law Decree) 52/2004. For invoice issuing, information given by Customer at the time of the order bear witness. No variation in the invoice will be possible after issuing it.

5.4

Orders will be filed in the Shop data bank, in compliance with provisions of Law Decree 30.06.2003 n. 196 and will be accessible in the area “MY ACCOUNT”  SECTION "my orders"

6.0 Terms of Payment

6.1

Customer can effect payment of Product price and relevant delivery costs by Credit Card, Pay Pal, Bank Transfer.

6.2

In case of payment by Credit Card , Customer will be addressed to the web site page of the bank holder or manager of the payment service “online”, where he has to give his credit card data by means of link protected against unauthorized access, through cryptographic transfer of SSL ( Secure Socket Layer) data at 128 bit. Such data are not accessible to third parties not even to Lcw.

Due to administrative accounting reasons Lcw reserves the right of checking personal data given by Customer.

Transaction will be charged only after:

- getting receipt of debit authorization from the company issuing the credit card used

- getting confirmation of Product availability from Lcw and therefore after that the order is ready to be carried out.

No debit will be charged at the time of order forwarding.

7.0 Transport and delivery

7.1

Because of safety reasons, at the time of delivery the signature of a person older than 18 will be required.

No delivery to post box will be carried out.

7.2

Delivery costs have to be charged to Customer and are separately invoiced in the order form. They can change according to shipment way and place of destination of Products.Shipments towards countries outside the European Union can be subject to Import or Customs Duties. Such amounts, determined just as the Product enters the place of destination, have to be charged to the addressee and are not calculated in the order total amount. It is Customer responsibility paying Import or Customs Duties, and other suitable burdens in his place of residence.

7.3

Orders will be dealt with and delivered from Monday to Friday, holidays and national holidays excluded. Lcw is not responsible for unforeseeable delays, holding good that ,acts of God excepted, Products will be delivered within 30 (thirty) days maximum, starting from the day following that when Customer has forwarded the order to Lcw.

7.4

To deliver the goods, it is necessary the presence of Customer or a delegate of his at the consignee address reported in the order.

When carrier delivers the goods, Customer has to check:

(i) if the number of items corresponds to what reported in the transport paper;

(ii) if packing is intact, neither damaged, nor wet or anyhow altered, not even in the closing materials. Eventual damages to packing and/or Product or the non compliance of number of items or instructions have to be immediately notified writing” subject to checking” on the Carrier’s proof of delivery (POD); Customer cannot oppose any contestation as for the visual characteristics of what delivered.

Customer must, without any delay, inform of any problem writing to the address : shop@lastupenderia.com

7.5

If It is not able to deliver the ordered goods because of unexpected, even temporary, unavailability of Products, Lcw will promptly inform Customer, and however within 30 (thirty) days, by e-mail. The amount already paid by Customer will be refund as soon as possible, and however no later than 30 days after receipt of purchasing order.

7.6

Lcw will send Customer a confirmation e-mail after shipping the Products.

8.0 Right of Withdrawal

8.1

According to article 64 of Law Decree n. 206/2005, “Consumer” Customer (that is a natural person who purchases goods for purposes unrelated to the entrepreneurial or professional activity eventually carried out) has the right to back out of contract without any penalty and without stating the reason.

To exercise the right of withdrawal, Customer must send to the following e-mail address:

shop@lastupenderia.com,

or by registered letter to the address:

Lcw srl Via Bainsizza, 252 21042 Caronno Pertusella (Va) Italy

a written notification containing:

I) the evidence of the intention to make use of the right of withdrawal according to Article 64 of Law Decree 206/2005;

II) the indication of the Products for which Customer wants to make use of the right of withdrawal;

III) the progressive order number given by purchasing;

IV) data concerning Customer Bank Current Account.

Notification can be given within the term of 15 (ten) working days starting from the date of Product receipt.

Customer commits himself to return Products within 15 (ten) working days from the date of Product receipt at the following address:

Lcw S.r.l.

Via Bainsizza, 252

21042 Caronno Pertusella (VA) Italy

8.2

Costs for returning the Product are fully charged to Customer.

We recommend to ship Products to return by insured carrier in order to trace shipment.

Lcw will not be liable for refund or compensation for those returned products that have gone astray or have been stolen or damaged.

8.3

Lcw will refund the full cost of those Products returned by Customer not used, not damaged and in their original packing.

Delivery costs are not refundable. Any import fees that may be assessed upon re-entry to Italy, will be deducted from any eventual reimbursement or charged in a new invoice in case of size exchange to be paid before the new shipment.

Lcw will commit himself to promptly refund Customer and however within and not later than 30 (thirty) days from the date of receipt , on condition that the terms reported in the preceding section 8.1 have been respected.

For orders paid by credit card, the refunded amount will be available to customers in roughly 10 days and within their next billing statement. Processing time may vary depending on the credit card company.   

For orders paid by PayPal or Bank Swift, the refunded amount will be available to customers on their account.

Refunds will be issued in the same currency as the original purchase. Any differences in the amount refunded are due to exchange rate fluctuations and will not be reimbursed.

Lcw will send a notification e-mail after effecting refund.

Lcw reserves the right of rejecting return of those Products that do not comply with the requirements hereof at the preceding clause 8.1.

9.0 Order Cancellation / Modification

9.1

When Customer desires either to modify or to cancel his order, he has to promptly send an e-mail to the address: shop@lastupenderia.com

Lcw will do everything possible to meet his Customer request. However, when the Product has been shipped, order cannot be cancelled or modified until the goods shipped return to Lcw. In such a case we make reference to the regulations reported in the previous clause 8.1.

10.0 Warranties, Lack of Conformity, Claims

10.1

Lcw releases, according to Law Decree n. 206/2005, a legal warranty on the Product in case it is not in conformity with the qualities foreseen in the contract of sale in compliance with the rules enforceable.

If a Product sold by Lcw presents a defect or non conformity, Customer must immediately contact and however within 60 (sixty) days the customer service at the address: shop@lastupenderia.com,  referring to the proof of purchase.

Lcw, by mutual consent with the Customer, will take care of replacing or refunding it, and will notify the procedure.

10.2

If Customer is not fully satisfied or if there is a discrepancy in the order placed by Customer, Customer has to keep all papers and the Product in its original packing and immediately contact Lcw by e-mail at the following address: shop@lastupenderia.com Lcw, by mutual consent with the Customer, will take care of replacing or refunding, notifying him the procedure.

10.3

To “Consumer” Customers, as they are defined at Clause 8.1, we allow the consumer rights hereof article 130 of Law Decree 206/05, such rights must be exercised according to the terms of article 132 of Law Decree 206/05

11.0 Liability from Product

11.1

The regulations hereof Directive 1999/34/CE as for damages caused by Product are in force.

Lcw as producer and distributor takes all responsibility.

12.0 Privacy

12.1

Lcw states and guarantees that Customer personal data will be managed in conformity with the regulations hereof at Law Decree 30.06.2003 n. 196 and following modifications.

Details concerning the procedure of data management are notified to the Customer by registration hereof at previous clause 4.2.

13.0 Errors and imprecision

13.1

Lcw aims at giving on his Site constantly updated information. However, it is not possible to guarantee that the Shop is completely free of possible mistakes. The Shop could present errors, imprecision or omissions, some of which could refer to Product price and availability, and to the information sheet of the Product itself.

Lcw reserves the right to emend errors, imprecision or omissions when an order has already been shipped and still reserves the right to change or update information at any time without pre-emptive notice.

14.0 Guarantee of Authenticity

14.1

Original Products with La stupenderia trademark are sold on Internet exclusively through the site lastupenderia.com

15.0 Intellectual Property

15.1

All rights of intellectual property such as trademarks, service marks, form marks and copyrights exclusively belong to Lcw.

No page or content of this Shop can be reproduced, transferred, modified, linked and used for public or commercial purposes without pre-emptive and explicit written authorization.

16.0 Enforceable law, Dispute settlement, Place of jurisdiction

16.1

Conditions to enter the Shop are regulated by the rules of the Italian legislation and must be interpreted in conformity with the Italian laws.

16.2

In case of disservice or controversy between Lcw and the Customer, we guarantee from now on our availability to try to come to a friendly conciliation that the user can promote in front of RisolviOnline ( solve on line), an independent and institutional service given by the Arbitrator’s Chamber of the Chamber of Commerce from Milan, that allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way. For further information on the statute of RisolviOnline or to send a request for conciliation enter Risolvionline.com

16.3

For any action coming from or correlated to conditions, surfing or the use of the Shop, Milan will be the Place of Jurisdiction.

17.0 Contacts

17.1

For further information and assistance on the Shop or the procedure to purchase on line, we please you to contact us at the following e-mail address: shop@lastupenderia.com

For eventual technical assistance we please you to contact us at the following e-mail address: shop@lastupenderia.com


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