Terms of service
TERMS AND CONDITIONS
These Conditions of Use (hereinafter, the Conditions) govern the relationships and related rights and obligations related to the use of the lebanto.com site and any subdomains (hereinafter, Site), the exclusive property of Lebanto S.r.l., with registered office in Cantù (CO) Via Ariberto da Intimiano 17, Italy, VAT number 04016350136 (hereinafter, Lebanto), as well as the conditions of sale in e-commerce mode.
In the event of disagreement with the Conditions or subsequent amendments thereof, or in the event of dissatisfaction with the services offered by Lebanto, the only solution is to immediately stop using the Site. Lebanto has the right, but not the obligation, to strictly enforce the Conditions also through litigation in the appropriate judicial offices.
The use of the Site or the transmission of an Order through it implies acceptance of the Conditions.
Contenuti: (i) file contenenti testi, immagini, registrazioni audio e/o video, dati e/o informazioni organizzative in banca di dati e comunque tutti i file, documenti e/o informazioni in qualsiasi formato che Lebanto rende disponibili attraverso il Sito; (ii) file contenenti testi, immagini, registrazioni audio e/o video, dati e/o informazioni organizzative in banca dati e comunque tutti i file, documenti e/o informazioni che in qualsiasi formato vengono trasmessi, copiati, invito messi a disposizione degli Utenti.
Contents: (i) files containing texts, images, audio and / or video recordings, data and / or organizational information in the database and in any case all files, documents and / or information in any format that Lebanto makes available through the Site; (ii) files containing texts, images, audio and / or video recordings, data and / or organizational information in the database and in any case all files, documents and / or information that in any format are transmitted, copied, invitation made available to Users.
Conditions: the provisions of this document.
Order confirmation document: confirms the request for a product and that the user receives via e-mail once the order has been placed.
Personal data: all personal information and personal data relating to each User, including the e-mail address, possibly collected through the Site.
Order: request for a product by the User.
Product: type of product offered for sale from anywhere through the platform with particular but not exclusive reference to furniture, accessories and all related and / or similar products to furnishings.
Services: all the services offered by Lebanto through the Site including access to the Site itself.
Site or Platform: the lebanto.com domain, including any subdomains, any URL or their functions.
User: person or legal entity who accesses, browses, interacts and possibly uses the Services provided through the Site.
Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.
2. Description of the Site
The Site and the Services include an e-commerce in which Products related to the furniture sector are collected, represented and sold that can be purchased by Users. Users have the right to purchase the Products described on the Site or customized Products by the User himself. Purchases can also be made by Users residing in Member States of the European Union or Non-European Union states. Lebanto reserves the right to protect its interests as a result of the violation of one or more obligations and prohibitions set out in these Conditions. It is understood that Lebanto has no control over the conduct of Users and excludes any liability in this regard within the maximum limits permitted by law.
The Products can also be observed and displayed using VR / AR technology in order to be positioned in specific spaces reproduced digitally. It is understood that Lebanto cannot guarantee, and therefore does not guarantee, the correspondence in reality of the dimensions, colors and other characteristics of the Products made visible through this technology. Therefore, they must be considered for illustrative and indicative purposes only.
4. Sale Agreement
These Conditions apply to every offer and to every contract relating to the sale and delivery of each Product by Lebanto (hereinafter, the Contract) through the Site. These Conditions will be accepted when the User orders any Product from the Site, when ordering Products from any web page connected directly to the Site and, finally, when accepting an offer from Lebanto. To complete an Order, the User must have an e-mail address, enable (functional) cookies and pop-ups if necessary in order to be able to fully use the Site, so as to be able to add Products to the cart and transmit the Order.After making a purchase, the User will receive an Order Confirmation. The Order, however, will be considered accepted when Lebanto ships the Products. For this purpose, the User will receive an e-mail with the shipping confirmation. In the event that Lebanto is not able to supply a Product, it will inform the User in writing and will not proceed with sending the Order. If the User has already paid the price, he will be entitled to a full refund. Lebanto will refund the amount paid using the same method used by the User for payment as soon as possible and at the latest, within 14 days of receipt of the cancellation notification. In the case of a cash refund, the same method used for the payment of the order will be used: if the purchase was paid with a credit card / PayPal account method, the refund will be made directly to the card / account with which the payment was made.
5. Prices and Payments
The prices of the Products are indicated in the specific sheet on the Site, are expressed in Euro (EUR) and are inclusive of VAT according to the regulations applicable in each State. The prices themselves may vary from time to time, without the changes themselves affecting the Orders already confirmed.The Products will remain the property of Lebanto until full payment for the Products is received.
The User can pay by bank transfer, credit cards, rechargeable credit cards (for example Postepay), PayPal, Apple pay, Google pay as well as by any other method indicated by the Site during checkout. In case of payment by credit card or PayPal, the amount will be charged as soon as the purchase is completed. The display of the debit may vary depending on the bank timing.If the chosen payment method is PayPal, the charge will take place during the Order Confirmation phase.The User has the right to cancel and modify the Order within 24 hours from the time of receipt of the Order Confirmation. If the User intends to cancel or modify the Order after the aforementioned term has elapsed, he must contact Lebanto at the e-mail address email@example.com in order to evaluate this possibility.It is understood that the User has the right to defer the payment in the manner indicated at checkout.
Lebanto recognizes the possibility for Users to take advantage of a discount on the taxable amount applied to the purchase price of the Products offered by the Platform.The possibility of using the discount in question is recognized exclusively to Users who have received a voucher from Lebanto, or who have received in any way a method of redeeming the contractual discount considered valid by Lebanto. In any case, the amount of the contractual discount is indicated in the Order Confirmation which constitutes, together with these Conditions, an integral part of the Contract.
6. Gift Card
The User has the right to purchase gift card that can be used to purchase Products on the Site in the https://lebanto.com/products/buono-regalo section. In this case, the balance of the gift card is deducted from the total of the Order. If the total of the Order is greater than the value of the voucher, the difference must be paid using one of the payment methods referred to in Article 5.1 of these Conditions. Lebanto has the right to provide Users who have purchased a voucher with information on their usage status.
Gift cards are valid for 1 year from the date of issue. Gift cards cannot be used to purchase other gift cards or for unauthorized commercial purposes, including to facilitate the resale or shipment of Products from the Site. Gift cards cannot be reloaded, resold, converted for cash or used in any other way than to the provisions of these Conditions. It is understood that Lebanto is not responsible in the event of loss, theft, destruction or unauthorized use of the gift cards by the User.
7. Product Availability
Lebanto will check the availability and the possibility of production of all the Products covered by the Order. Lebanto has the right to terminate the Agreement concluded by the User, by sending written notice, in the following cases:
● Impossibility of production and / or complete realization of the Product for reasons related to the procurement of its components and / or raw materials;
● the information provided to Lebanto during the purchase is not correct or cannot be verified;
● the reported Order has been blocked by the Lebanto security system because it is unusual or at risk of fraud;
● the User is not of the age required by law for entering into a contract with Lebanto;
● there is an obvious error in the price indicated on the Platform.
In any case, the User's right to obtain a refund of the price paid in accordance with the provisions of Article 10.2 of these Conditions is reserved.
8. Delivery of Products
8.1. Lebanto delivers the ordered Products directly to the address indicated. The User has the right to decide, during the checkout phase, the method of delivery of the Products by choosing one of the following alternatives:
● delivery Curbside (at street level): the Product is delivered to the point closest to the entrance of the building corresponding to the address indicated;
● delivery to the floor: the Product is delivered directly to the specific floor corresponding to the address indicated;
● delivery to the floor with assembly: the Product is delivered inside the room corresponding to the address indicated and assembled in the space indicated by the User.
Delivery to the floor and delivery to the floor with assembly determines an additional cost to be paid by the User as indicated from time to time by the Platform at the checkout. Curbside Delivery in Italy does not involve any additional cost to be paid by the User. It is understood that delivery to the floor and delivery to the floor with assembly is available only in Countries or Regions indicated by the Platform.The shipments of the Orders will take place on working days, also taking into account any national and / or regional holidays observed in the country of residence. The production times are indicated in the Product page on the Site and are intended for purely illustrative, indicative and non-exhaustive purposes. Delivery times are estimated approximately (and not exhaustively) within 1-2 weeks from the termination of the production of the Products. In case of incomplete or modified address, delivery times may be longer. Delivery times are indicative and are therefore not intended as fixed conditions. The mere fact that the delivery time is exceeded does not entitle the User to compensation or reimbursement. Lebanto undertakes to update the User by e-mail on the progress of the Order and to promptly inform him of any delays. If the delay continues for a number of months exceeding 2 (two) months compared to the delivery times indicated, the User will have the right to cancel the Order.
Furthermore, Lebanto does not assume any responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes, earthquakes, floods, pandemics, epidemics, war and other similar events that prevented, in whole or in part, execute the shipment within the time agreed by the Contract. In this case, Lebanto will not be liable to any User for damages, losses and costs incurred as a result of the failure to execute the Contract, as the User is only entitled to a refund of the price paid. Finally, Lebanto is not responsible for any fraudulent or illegal use by third parties, of checks and other means of payment, upon payment of the purchased Products. Upon delivery of the Products, Lebanto invites the User to check the compliance of the packaging. If the package is damaged, the User has the right not to accept the shipment, by signing the "proof of delivery" document provided by the courier, without prejudice to the right to obtain a refund of the price paid in accordance with the provisions of the article 10.2 of these Conditions.
8.2. The methods of delivery of Products to countries outside the European Union are indicated at the checkout stage and may alternatively consist of:
- Delivered Duty Paid (DDP): Lebanto bears all shipping costs, assumes all transport risks to the place of delivery in the country of import and bears the import duties;
- Delivered At Place (DAP): Lebanto assumes only the responsibility for the shipment of the Product and the related costs. In this case, customs and import charges and duties are paid by the User.
9. Legal guarantee
9.1. By virtue of the provisions of art. 132 of Legislative Decree 2005, 206 Lebanto is liable to the User for any lack of conformity of the Products which occurs within 2 years of delivery of the Products themselves.
The aforementioned warranty does not apply if the conformity defects of the Products have been determined:
● from normal wear caused by their ordinary and habitual use;
● from imperfections, changes and minor defects or in any case normally tolerable related to the use of natural materials and fibers;
● from an assembly, use or maintenance that does not comply with what is indicated in the Product sheet received together with the Product itself;
● from any abnormal use not previously agreed with Lebanto.
The description of the Products on the Site, catalogs and any other document in paper or digital format owned by Lebanto is purely illustrative. Therefore, any differences of the Products with respect to what is described in the aforementioned documents cannot be considered as a lack of conformity.It is understood that the conformity of a Product must necessarily be assessed also taking into account all the tolerances inherent in the use of natural materials such as, but not limited to, wood, marble, leather, fabrics. By way of clarification, a finishing anomaly is considered to fall within the concept of "reasonable tolerance", and therefore outside the scope of the legal guarantee, only when: it does not impact on the use of the asset; it cannot be perceived during the normal use of the property but only through careful analysis of the surfaces (ie normally linked to the size of the anomaly, its position, its coloring with respect to the surrounding surface, and its possible "repetition frequency") .
9.2. The User is required to communicate the lack of conformity of the Products received within the term of 2 (two) months starting from the moment in which he acquires the material possession of the Products themselves. In this case, the User is required to send Lebanto an e-mail to firstname.lastname@example.org including a detailed description of the detected defect, photographs of the defective Product and evidence of the reservations raised at the time of delivery. of the product. Lebanto will repair the defective Products or replace the non-compliant Products, incurring all the necessary costs.
10. Right of withdrawal
10.1. In accordance with Directive 83/2011 / EU and art. 52 of Legislative Decree 2005, n. 206, the User acting as a "consumer" has the right to withdraw from the Contract within 14 days without having to provide any reasons. In case of exercise of the withdrawal, the User is required to return the Products no later than 14 days from the exercise of the withdrawal.The aforementioned withdrawal period ends after 14 days from the day on which the User, or a third party other than the designated carrier, acquires physical possession of the Products or, in the case of multiple Products ordered by the User through a single Order and delivered separately, after 14 days from the day on which the User or a third party other than the carrier designated by the User acquires physical possession of the last Product.
10.2. Returns and Refunds
Without prejudice to the provisions of Article 10.1, the User has the right to return purchases made through the Site within 30 days of delivery. If an Order includes several Products, it will be possible to return even only some of the Products themselves. It is not possible, however, to request the return of a part of the Product.
According to Article 59 (c) of the Consumer Code, the User will not be able to exercise the right of withdrawal pursuant to art. 52 of Legislative Decree 2005 n. 206 if the Order has as its object the supply of a customized or customized Product.
In order to make the return, the User must download the form in the appropriate section on the Platform, fill it in and send it by e-mail to the address email@example.com. It is understood that all costs associated with the shipment of the returned Products will be borne by the User.
The products must be returned intact and properly packaged in their original packaging, accompanied by any accessories. Lebanto will refund the amount paid using the same method used by the User for payment as soon as possible and at the latest, within 14 days of receipt of the cancellation notification. In the case of a cash refund, the same method used for the payment of the order will be used: if the purchase was paid with a credit card / PayPal account method, the refund will be made directly to the card / account with which the payment was made. If the User withdraws from the Contract, he will be reimbursed for all payments he has made to Lebanto, including delivery costs without undue delay and in any case no later than 14 days from the day on which Lebanto has been informed of the decision to withdraw from the Contract. These refunds will be made to the User's credit or debit card or current account, depending on the payment method used for the initial transaction. In any case, the User will not have to incur any costs as a result of this reimbursement. Notwithstanding the foregoing, the reimbursement may be suspended until receipt of the goods or until proof of having returned the goods, whichever is earlier.
11. Liability of Lebanto
Lebanto, in compliance with the provisions of EU Directives 2019/770 and 2019/771, undertakes to ensure that the Services included in the Platform:
● correspond to the description, quantity and quality provided for in these Conditions;
● are suitable for the use established by the same Conditions;
● are provided with the necessary instructions and due assistance to Users;
● are suitable for the pursuit of the purposes for which services of the same type are usually used.
Furthermore, in compliance with the aforementioned legislation, Lebanto undertakes to guarantee the safety, reliability, timeliness, accuracy of the Platform, as well as to provide any guarantee for other services or goods received or advertised and all responsibility for the transmission of computer viruses or other harmful components in connection with the Platform or the Service.
11.1. Limitation of Liability
In no case will Lebanto be held liable for damage to third parties or contracting parties resulting, directly or indirectly, from the use of the Site, or resulting from the purchase of the Products. This disclaimer covers, among others, direct, indirect, incidental, special, exemplary and consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of replacement Products or services; any damage related to personal or physical injury.
This limitation of liability also extends to cases in which Lebanto is informed of the possibility of such damages. The damages to which the limitation of liability refers may derive: from the use or abuse of the Site, from the inability to use the Site or from interruption, suspension, modification, alteration, or termination of the Site. This limitation also applies in relation to damages suffered due to other services or Products received through advertising or in connection with the Site, as well as due to information or advice received through or advertised in connection with the Site. These limitations apply to the extent maximum permitted by law.
If a User believes that his rights have been violated, as well as his privacy, or there are malfunctions of a technical nature of the Site, the User himself, within 48 hours of discovering the violation, must immediately send a written complaint to Lebanto, by sending an e-mail to firstname.lastname@example.org.To be effective, the complaint must include:
● the handwritten or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● a detailed explanation of the malfunction or the violation and the reasons why it is believed that this violation is inappropriate and / or detrimental to the rights of the User who is filing the complaint;
Lebanto reserves the right, in its sole discretion, to modify the Platform or the Services, or to modify the Conditions at any time and without prior notification. In the event of changes to the Conditions, they will be published on the Platform or notice will be given at the time of the update. The "Last update date" at the bottom of the Conditions will also be updated. By continuing to access or use the Platform or the Services from the publication of a modification of the Platform or from the sending of the notification of a variation, the User accepts these conditions as modified. If it deems such changes unacceptable, the only possibility will be to cease using the Platform.
14. Ownership of Content and intellectual property
Lebanto owns and has permission to use the intellectual property rights of the Site and the Contents. These rights are protected and reserved. The User has the right to archive, print and view the Contents for personal use only. The User may not use any material, design, technology, graphics owned by Lebanto without his express authorization.
The User may not in any way reproduce, duplicate, copy or sell Products, materials, parts of the Site and anything else of which Lebanto is the exclusive owner without his express written authorization granted directly or through a resale program drawn up to this end.
15. Applicable law and competent court
These Conditions are regulated and interpreted in accordance with the Italian laws.
For any dispute arising from or relating to the use of the website or such contracts, the judge of the place of residence or domicile of the consumer will be competent. If the User enters into the Agreement as a consumer, this clause does not in any way affect the rights that the law recognizes as a consumer. The parties to the Contract undertake to submit all disputes arising from it, as well as from these Conditions or connected to them - including those relating to its interpretation, validity, effectiveness, execution and resolution - to the attempt of mediation in accordance with the provisions of the Regulations of Civil and Commercial Mediation of the Arbitration Chamber of Milan which the parties expressly declare to know and fully accept. The parties undertake to resort to mediation before starting any arbitration or judicial procedure.
16. Additional Terms
The headings of the clauses of the Conditions have a descriptive function and do not affect their interpretation. If a provision of the Conditions is declared invalid or ineffective, the other provisions will remain valid and binding for the parties, and the invalid or ineffective provision will be replaced, if possible, by the applicable binding legislation. The User agrees that the rights and obligations contained in these Conditions, as well as any other documents which are incorporated therein by reference, may be freely and legitimately transferred by Lebanto to third parties in the event of a merger or acquisition, or otherwise. event.
May 5, 2022