TERMS AND CONDITIONS
In case of disagreement with the Conditions or subsequent modifications of the same, or in case of dissatisfaction with the services offered by Lebanto, the only solution is to immediately stop using of the Site. Lebanto has the right, but not the obligation, to strictly enforce the Conditions also through litigation in the appropriate judicial offices.
Using the Site or placing an Order through it implies acceptance of the Conditions.
Contents: (i) files containing text, images, audio and/or video recordings, data and/or information organized in a 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 information organized in a database and in any case all files, documents and/or information which in any format are transmitted, copied, sent, made available of Users.
Conditions: as set forth in this document.
Order Confirmation: document confirming the request for a Product and The User receives by e-mail once the Order has been placed.
Personal data: all personal information and master data relating to each User, including e-mail address, possibly collected through the Site.
Order: request for a Product by the User.
Product: any type of product offered for sale by Lebanto through the Platform with particular but not exclusive reference to furniture, complements 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 URLs or portions thereof.
User: natural or legal person who accesses, navigates, interacts and possibly uses the Services provided through the Site. < /p>
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. Site Description
The Site and the Services include an e-commerce site in which Products related to the furniture sector are collected, represented and sold, which can be purchased by Users. Users have the right to purchase the Products described on the Site or Products customized by the User. Purchases can also be made by Users residing in European Union member states 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 pursuant to these Conditions. It is understood that Lebanto has no control over the conduct of Users and excludes any liability in this regard to the maximum extent 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. Sales contract
These Conditions apply to every offer and every contract relating to the sale and delivery of each Product by Lebanto (hereinafter, the Agreement) through the Site. These Conditions will be accepted when the User orders any Product from the Site, when he orders Products from any web page linked directly to the Site and, lastly, when he accepts an offer from Lebanto . In order to complete an Order, the User must have an e-mail address, possibly enable cookies (functional) and pop-ups in order to be able to fully use the Site, so as to be able to add Products to the cart and send the Order.
After making a purchase, the User will receive an Order Confirmation. However, the Order will be considered accepted when Lebanto ships the Products. To this end, the User will receive an e-mail with the shipping confirmation. In the event that Lebanto is unable 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 to pay for the order will be used: if the purchase was paid for by credit card/PayPal account, the refund will be made directly to the card/account with which the payment was made.
5. Prices and payment
The prices of the Products are indicated in the appropriate form on the Site, are expressed in Euros (EUR) and are inclusive of VAT according to the regulations applicable in each State. The same prices may vary from time to time, without the variations themselves affecting 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 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 according to bank timing.
If the chosen payment method is PayPal, the charge will be made during the Order Confirmation.
The User has the right to cancel and modify the Order within 24 hours starting from the moment of receipt of the Order Confirmation. If the User intends to cancel or modify the Order after the aforementioned deadline, 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 during checkout.
5.2. Contractual discounts
Lebanto recognizes that Users can 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 granted exclusively to Users who have received a voucher from Lebanto, or who have received in any way a way to redeem the contractual discount deemed valid by Lebanto.
In any case, the amount of the contractual discount is indicated in the Order Confirmation which, together with these Conditions, forms an integral part of the Contract.
6. Gift certificates
The User has the right to purchase on the Site in the section https://lebanto.com/products/buono-regalo the gift vouchers that can be used to purchase Products. In this case, the balance of the gift voucher will be deducted from the Order total. 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 vouchers are valid for 1 year from the date of issue. Gift vouchers may not be used to purchase other vouchers or for any unauthorized commercial purpose, including to facilitate the resale or shipment of Products from the Site. Vouchers may not be reloaded, resold, redeemed for cash, or used in any other way. with respect to the provisions of these Conditions. It is understood that Lebanto is not responsible in case of loss, theft, destruction or unauthorized use of the gift voucher by the User.
7. Product Availability
Lebanto will verify the availability and possibility of production of all the Products covered by the Order. Lebanto has the right to terminate the Contract concluded by the User, by sending written communication, in the following cases:
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.
8.1. Lebanto delivers the Products ordered 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 to the floor and delivery to the floor with assembly determines an additional cost to be borne by the User as indicated from time to time by the Platform. Delivery to street level in Italy does not involve any additional cost for the User. It is understood that floor delivery and floor delivery with assembly is only available in the locations indicated by the Platform.
Order shipments will take place on working days, also taking into consideration any national and/or regional holidays observed in the country of residence. The production times are indicated in the sheet dedicated to each Product and are to be understood as a mere example, indicative and not mandatory. Delivery times are estimated approximately (and not strictly) at 1-2 weeks from the end of production. In case of incomplete or modified address, delivery times may be longer. Delivery periods and 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 via e-mail on the progress of the Order and to promptly inform him of any delays. Should the delay last for a number of months greater than 2 (two) months with respect to the delivery times indicated, the User will have the right to cancel the Order. Furthermore, Lebanto assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes, earthquakes, floods, pandemics, epidemics, war and other similar events which prevent, in whole or in part, the execute the shipment within the times 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 failure to perform the Contract, the User having the right only 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 when paying for the purchased Products.
Upon delivery of the Products, Lebanto invites the User to check the conformity 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 prepared 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 the Products in countries that do not belong to the European Union are indicated during the checkout phase and may consist alternatively of:
9. Legal guarantee
9.1. By virtue of the provisions of art. 132 of Legislative Decree 2005, n.206 Lebanto is liable to the User for any lack of conformity of the Products that occurs within the term of 2 years from the delivery of the Products themselves.
The aforementioned guarantee does not apply if the lack of conformity of the Products has been determined:
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, by way of example 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 normal use of the asset but only through careful analysis of the surfaces (i.e. normally linked to the size of the anomaly, its position, its color 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 material possession of the Products themselves. In this case, the User must send Lebanto an email 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-conforming Products, bearing all the necessary expenses.
10. Right of withdrawal
10.1. In compliance with Directive 83/2011/EU and art. 52 of Legislative Decree 2005, n. 206, the User who acts as a "consumer" has the right to withdraw from the Contract within 14 days without having to provide any reason. 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 above 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.< /p>
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 also be possible to return only some of the Products themselves. However, it is not possible to request the return of a part of the Product.
Based on article 59 (c) of the Consumer Code, the User cannot 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 of 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 remain the responsibility of the User.
The products must be returned intact and suitably 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 notice. In the case of a cash refund, the same method used to pay for the order will be used: if the purchase was paid for by credit card/PayPal account, 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 will have 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 such reimbursement. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until proof of having sent the goods back, whichever comes first.
11. Responsibility of Lebanto
Lebanto, in compliance with the provisions of EU Directive 2019/770 and 2019/771, undertakes to guarantee that the Services included in the Platform:
Lebanto, moreover, in compliance with the above legislation, undertakes to guarantee the security, reliability, timeliness, accuracy of the Platform, as well as to provide any guarantee for other services or goods received or advertised and any liability regarding the transmission of computer viruses or other harmful components in connection with the Platform or the Service.
In no case may Lebanto be held responsible for damages to third parties or to the 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 substitute 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 impossibility of using the Site or from interruption, suspension, modification, alteration, or termination of the Site.
This limitation also applies in relation to damages suffered as a result of 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 restrictions apply to the maximum extent permitted by law.
If a User believes that his rights have been violated, as well as his privacy, or that there are malfunctions of a technical nature of the Site, the User himself, within 48 hours of discovery of the violation, you must immediately submit a written complaint to Lebanto, by sending an email to firstname.lastname@example.org.
To be effective, the complaint must include:
Lebanto reserves the right, at 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 Updated Date" at the bottom of the Terms will also be updated. By continuing to access or use the Platform or the Services after the publication of a modification to the Platform or the sending of notification of a modification, the User accepts these conditions as modified. If you deem these changes unacceptable, the only option will be to stop using the Platform.
14. Content Ownership
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 exclusively for personal use. The User may not use any material, design, technology or graphics owned by Lebanto without its express authorisation.
The User may in no way reproduce, duplicate, copy or sell Products, materials, parts of the Site and anything of which Lebanto is the exclusive owner without his express written permission granted directly or through a reseller program designed for this purpose.
15. Applicable law and jurisdiction
These Conditions are governed by and interpreted in accordance with the laws of the Italian Republic.
For any dispute deriving from or relating to the use of the website or to such contracts, the judge of the place of residence or domicile of the consumer will have jurisdiction. If the User stipulates the Contract as a consumer, this clause does not in any way affect the rights that the law recognizes him as a consumer.
The parties to the Contract undertake to submit all disputes deriving from it, as well as from these Conditions or connected to them - including those relating to its interpretation, validity, effectiveness, execution and termination - to the attempt at mediation according to the provisions of the Civil and Commercial Mediation Regulations of the Chamber of Arbitration of Milan which the parties expressly declare to know and fully accept. The parties undertake to resort to mediation before starting any arbitral or judicial proceeding.
16. Additional conditions
The headings of the clauses of the Conditions have a descriptive function and do not influence their interpretation.
If a provision of the Conditions is declared invalid or ineffective, the other provisions will remain valid and binding on the parties, and the invalid or ineffective provision will be replaced, if possible, by the binding law applicable.
The User agrees that the rights and obligations contained in these Terms, as well as any other documents that are incorporated therein by reference may be freely and lawfully transferred by Lebanto to third parties in the event of a merger or acquisition, or other event.
5 May 2022
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