General conditions of sales
Art. 1. Introduction
Ludipendy® di Luigi di Giusto , with registered office in Traversa Seconda in Via Orzali , 46 - 55100 Lucca (LU ) , VAT number 02518330465 (PEC email@example.com ) , as the exclusive owner of the European trademark registered " Ludipendy " below more briefly " Ludipendy ", offers telematic services ( so-called ecommerce ) in accordance with the rules and regulations in force. With the exception of special conditions offered to the User in accordance with the provisions of art. 6 and / or any subsequent regulatory provisions, these general conditions of sale , hereinafter briefly "Conditions", must be intended to prevail over any other agreement, agreement and / or convention between Ludipendy and the User for any reason whatsoever , except in any case, the acceptance expressed by pa rte of Ludipendy . In the event of discrepancies between the proposal made by the User and these document, the latter shall prevail.
Art. 2. Terms and definitions
For the purposes of these Conditions and the annexes, the following definitions must be considered valid:
Users Area : section of the Site reserved for Users;
Consumer : natural person who buys goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to Ludipendy .
Products : any product offered on the Site for purchase in ecommerce mode , thus excluding projects and other intellectual work services ;
Service : offer and sale on the Site of Products according to the terms and methods indicated in these Conditions;
Site : The Internet site ll'indirizzo https://www.ludipendy.com/ ;
User : the legal and natural person who uses the Service following Registration or in any case through - directly or indirectly - the ecommerce page https://www.ludipendy.com/ ;
Registration : filling in the form at the directory of the cart / order confirmation or to the registration followed by the assignment pa rte of Ludipendy of a "User code" and "User name" ;
Proposal : selection and insertion of Products in the "cart" directory and subsequent access to the User area and / or insertion of billing data, containing information relating to the selected Products and the conditions of sale;
Distributor : Ludipendy or the legal or natural person who has the availability of the Product or Products on its behalf .
Courier : the legal or natural person in charge of the material delivery of the Products after the purchase made by the User.
Art. 3. Object of the contract
This sales contract , hereinafter briefly "Contract", will be understood as concluded between the User and Ludipendy , hereinafter briefly "the Parties" or "the Party".
Art. 4. Availability of products
The User may only purchase products currently present on the Site. However, the proposal will be subject to acceptance by Ludipendy as indicated in art. 5. This acceptance may take place automatically through the Site (following a confirmation by email) and will in any case be subject to the actual availability of the products and the absence of export restrictions for non-EU sales.
Art. 5. Acceptance of the order / Conclusion of the contract
The Contract will be finalized through the following stages:
By sending the Proposal by selecting the "confirm" button on the shopping cart page , the User will send Ludipendy a purchase proposal for the Product or Products selected. The submission of the Proposal will be valid as consent in accordance with the law to receive subsequent communications from Ludipendy , described below, aimed exclusively at the conclusion and execution of the Contract .
Ludipendy communicate by e-mail (previously selected at checkout) User receipt and acceptance of the proposal, with the assignment of a 'number' in order to be used in any further communicates tion with Ludipendy .
Following receipt of the confirmation email, subject in any case to the successful completion of the payment according to the payment data entered during registration, the sales order will be considered accepted and the Contract concluded . In any case , Ludipendy will verify the actual availability of the Product or Products at its own warehouse or at the Distributor's warehouse and / or any possible variation in the price of the Product . In case of unavailability and / or changes in the final price, Ludipendy will communicate the impossibility of proceeding with the conclusion of the contract - with consequent revocation - refund of any payment already collected - and / or modification of the Proposal. In these case it is Ludipendy will communicate to the User a new offering that will value as a counter-proposal.
If the proposal is accepted , Ludipendy will send an and mail confirming the conclusion of the Contract. Otherwise , in the case of a counter-proposal by Ludipendy , the Contract will be considered concluded when the User communicates his acceptance.
The user must previously authorize payment using one of the different mode indicated in art. 7 .
Following the payment and conclusion of the Contract, Ludipendy will then deliver the Product or Products in the manner and terms of shipment and return attached.
Art. 6. Commercial promotions
Ludipendy will regulate every promotional initiative from time to time, by way of example , but not limited to: discounts, collection of points, prizes. In any case, these promotions will always have a strictly personal value for the individual User and will not be transferable.
Art. 7. Payment
The price of the Product or Products must be paid by the User by choosing one of the following methods:
Credit card. The User can use the service offered by the service provider (Mastercard, Maestro, VISA , etc ) operated through SSL ( secure socket layer ) protocol certificate : following the instructions on the Site, he must connect to the secure circuit of the service provider, which independently guarantees the confidentiality of data and the security and efficiency of transactions. The User will enter the data relating to the credit card directly on the server managed and guaranteed directly by the service provider . The User must therefore accept the general terms and conditions prepared by this service provider in order to access the service. Ludipendy is not responsabil and for any damage caused to the user dall'utilizza tion of this service.
PayPal® The User must make the payment through the platform offered by the provider . Ludipendy declares to adhere to the conditions of sale of the indicated provider as the user in turn of the service. Ludipendy is not responsabil and for any damage caused to the user dall'utilizza tion services.
Art. 8. Delivery and Return Policy if the user is a consumer and the conditions made
The contractual conditions for the subjects indicated in the heading are attached. The attachment constitutes an integral and essential part of the Contract and of the General Conditions and is made available to the user on the Site and / or during the purchase phase.
Art. 9 . Guarantees
All products sold by Ludipendy are guaranteed with regard to the safety of the materials as indicated on the Site. In order to take advantage of the guarantee , the User must keep the invoice or delivery document that you will receive enclosed with the purchased Product. Any imperfections and slight aesthetic defects are to be considered a normal consequence of the craftsmanship of the Product and do not give the right to enforce the garanty.
10.2. Ludipendy not be liable with respect to the defects of the Product , if the same is used in a way different from what is shown and / or communicated by Ludipendy . Unless otherwise indicated, the ordinary use of the Products for sale is to be considered that of clothing / accessories.
Art. 10 . Limitation of Liability
Any guarantees and legal reimbursements for Product defects are in any case limited to 100% of the purchase price of the defective Product.
It excludes any User's right to damages or compensation, and any contract or tort liability , for any direct or indirect damages to persons and / or property caused by improper use of the Product or the Products under the Contract , except as provided to art. 1229 of the Italian civil code.
Art. 11 . Intellectual property and copyright
The User acknowledges and accepts that all copyrights, registered trademarks and any intellectual property rights on the Products sold or the contents presented as an integral part of the website are the property of Ludipendy and those who have granted a license for their use. . The User may use this material for a use other than personal use only in the manner for which he will receive express authorization from Ludipendy or those who have granted a license for their use. Professional Users are allowed to resell the Products without limitations, provided that their qualities, distinctive signs and any other part or characteristic suitable to bring back their originality and origin from Ludipendy are not altered in any way.
Art. 12 . Major force
Ludipendy will be released from the obligation to fulfill and execute this Agreement due to force majeure, temporary or definitive, such as (by way of example but not limited to) epidemics, strikes, arrests or accidents, fires and any other cause occurring outside the control Ludipendy and not attributable to it, even pre-existing, which prevent or aggravate the total or partial execution of this Agreement.
Art. 13 . Best efforts
The Parties undertake to execute this Agreement in good faith and to fulfill or ensure that the obligations set forth herein are fulfilled in good faith, and to draw up and deliver any document or instrument or to perform any act that is reasonably necessary for the purposes of the this Agreement, even if such instruments and shares are not subject to a specific obligation imposed by this Agreement.
Art. 14 . Binding agreement
This Agreement will be binding on the Parties and their respective legal representatives, successors and any successors in title.
Art. 15 . Interpretation of omissive conduct
The renunciation of the exercise of a nascent right of this Agreement can only be made by written deed and signed by the Party in respect of which the renunciation must have true effect, by which also means communications by email.
Failure to exercise, or renounce to exercise, or a partial and isolated exercise of any right arising from this Agreement, will not be considered in any way as acquiescence , nor will it affect in any way the exercise of this right or any other right arising from this Agreement, or the right to demand the fulfillment of the obligations of the other Party, it being understood, unless otherwise provided for by this Agreement, that the rights and remedies arising are cumulative and not exclusive to each other. other.
Art. 16 . Communications
All necessary communications, authorizations, questions and requests permitted or imposed against a Party in accordance with the provisions of this Agreement must be made by e- mail or registered mail respectively to the addresses and / or numbers indicated by the User in the Proposal. and from Ludipendy to the following addresses: mail: firstname.lastname@example.org or to any other address or number that Ludipendy will communicate to the User.
Art. 17 . Privacy
Pursuant to the law laying down provisions for the protection of persons and other subjects regarding the processing of personal data, the data provided by the User may be processed, directly or even through third parties, as well as to comply with the obligations established by law, by a regulation o by community legislation and in particular to fully implement all contractual obligations
The processing of the User's personal data will take place using paper or computer and / or telematic supports also by third parties for whom the knowledge of your personal data is necessary or in any case functional to the performance of our Company's business; in any case, the processing will take place in a manner suitable to guarantee its security and confidentiality.
Art. 18 . Applicable law
This Agreement is governed by the Italian Law and construed in accordance to the same.
Art. 19 . Jurisdiction and ODR
In the case of the User-Consumer, for all disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory. of the state.
The User-Consumer who believes that its rights have been damaged, may address its grievances to the email address email@example.com in order to solicit a court resolution of disputes. To this end and in accordance with the EU Regulation No. 524/2013 Ludipendy informs such users that they have the right to ask a court settlement of disputes relating to orders placed through this website through the European ODR platform ( Online Dispute Resolution ) http : //ec.europa.eu/consumers/odr made available by the European Commission for the extrajudicial resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.
In cases not covered by the preceding paragraph, all disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution will be the exclusive competence of the judicial authority of Lucca, also for any actions for guarantee, damages or, in general , relating to payments.
Pursuant to art. 1341 of the Italian Civil Code and of the Consumer Code, if applicable, the User, with the Registration and / or the Purchase Proposal , specifically approves the following clauses: art. 9 Guarantees; art. 10 Limitation of Liability ; art. 12 Force majeure; art. 18 Applicable law; a rt. 19 Jurisdiction and ODR ; Annex A Delivery and right of withdrawal in the event that the user is a consumer and conditions of return .
ANNEX A - TERMS OF SHIPPING AND RETURNS
These General Conditions of delivery and return are an integral part of the broader " GENERAL CONDITIONS OF SALE - Ludipendy® ( European registered trademark of Luigi di Giusto P.IVA 02518330465 )" updated and available on the Website https: //www.ludipendy. com / ; . For any further definition, term and contractual reference, please refer to this contractual document.
Art. 1. Delivery
1.1 The User must indicate in the Proposal one of the following delivery methods:
Delivery by express courier. The goods will be delivered to the address that the User will communicate when submitting the Proposal and / or registering on the Site. Ludipendy will undertake to ship the Product or Products indicated by the User in the Proposal throughout the territory via primary couriers of its choice. national and will keep, at least until the actual delivery, the shipping documents and / or the tracking number to be made available to the User (so-called tracking number ) . In the case of international shipping, it is the User's responsibility to verify the absence of customs or other restrictions and limitations that prevent or limit the shipment; if this does not happen, Ludipendy reserves the right in any case not to accept the order, it being understood that a refund or return is excluded in the event that Ludipendy has proceeded with the shipment and the same has not been successful due to the existence of the aforementioned constraints not reported by the User during the order. Without prejudice to the application of promotions expressly and temporarily provided during the purchase phase and indicated on the cart page (eg "free delivery") , the transport costs - and any customs clearance for non-EU shipments - are charged to the User. The Products always travel at the risk of the User-purchaser, in accordance with the provisions of art. 1510 of the Italian Civil Code, without prejudice to the provisions of paragraph 1.2 below.
1.2. Upon receipt of the Product, the User must check the external appearance of the packaging. In the event of obvious and serious deformations or damage to the packaging itself beyond normal tolerability, the User must refuse delivery - in all cases where this is possible - and immediately notify Ludipendy of the refusal , attaching all the necessary photographs (which must take the packaging back before opening). Ludipendy will, as soon as possible, replace the Product or Products or communicate the reasons for the refusal . In any case, in the absence of the refusal to receive the goods - where possible - and / or acceptance, as well as immediate communication to Ludipendy , the Product will certainly be considered accepted.
1.3. The delivery times indicated by Ludipendy must be considered purely indicative, without any commitment or guarantee of respect for them by Ludipendy and it will always remain the sole responsibility of the Courier to ensure compliance with the same according to the times and methods that the same will consider adopting.
Art. 2. Right of withdrawal if the user is a consumer
2.1. The User-Consumer will have the right to unconditional withdrawal from the Contract within 14 working days from the date of receipt of the Product or Products.
2.2 In the event of withdrawal, Ludipendy will communicate to the User, as soon as possible, the instructions on how to return the goods which must take place within the next 30 days from receipt of the communication.
2.3 The right of withdrawal cannot be exercised in the following cases:
for only a part of the Product (eg: accessories, single components of the set , etc ...);
for Product not intact (except in cases of non-collection due to damaged packaging) and / or not in the original packaging and in any way not complete in all its parts (including any documentation and accessory equipment).
2.4 Without prejudice to any costs to restore the original packaging, Ludipendy will refund the full amount already paid by the User, within a maximum period of 14 days from the date of receipt by Ludipendy of the Product or Products. The refund will be made to the same coordinates of payment indicated in the phase of purchase, unless otherwise indicated by the User and accepted by Ludipendy at its discretion.
Rev. 1 of May 26th, 2021