On-line sales agreement
The articles covered by these general conditions are sold by Loom Srl, with offices in Desenzano del Garda (BS) Italy, Via San Zeno 16 registered with the Chamber of Commerce of Brescia with No. BS: 554352 in the Registry of Companies, tax code 03685940987, VAT number 03685940987, hereinafter indicated as the “Supplier”.
1.1. The term “on-line sales agreement” means the sales and purchase agreement for the tangible material goods of the Supplier, indicated between the latter and the purchaser on a remote sales system via telematics, organised by the Supplier.
1.2. The term “Purchaser” means the physical person who makes the purchase, under this agreement, for purposes other than commercial or professional activity.
1.3. The term "Supplier" means the above-mentioned person, i.e. the person selling the goods through the website referred to in the next article.
Subject of the agreement
2.1. With this agreement, using telematics, the Supplier sells and the Purchaser buys on-line, tangible moveable goods presented and offered for sale on the web site http://www.loomloom.it.
2.2. The products from the previous point are illustrated, with specific, detailed indications of their features, in the section of the web site which can be accessed at the address: http://www.loomloom.it.
Method of entering the agreement
3.1. The agreement between the Supplier and the Purchaser will be concluded exclusively via Internet with a remote on-line procedure whereby the Purchaser will access the web site at the address http://www.loomloom.it, on which, by following the procedure indicated therein, the Purchaser will formalise the purchase of the goods under point 2.1 of the previous article.
Conclusion and effectiveness of the agreement
4.2. As soon as the Supplier receives the order from the Purchaser, he will send a confirmation e-mail, i.e. a view of the web page confirmation and a summary of the order, which also shows the data indicated in the previous point.
Payment methods and refunds
5.1. Payment by the Purchaser may only be carried out by means of one of the methods indicated in the Supplier’s purchase procedure.
5.2. Any refund will be credited to the Purchaser using the same payment method chosen by the latter at the time of the order. If the right of withdrawal is exercised, the Supplier shall, therefore, refund the purchase price immediately after receiving the return of the goods sold, and having checked the state of the goods. Any shipment costs for returning the goods will be borne by the Purchaser.
5.3. All communications relating to payments will be done using third party encryption systems implemented to protect the transactions.
Shipping times and methods
6.1. The Supplier will deliver the duly selected and ordered products, according to the method selected by the Purchaser or indicated on the website when the goods are listed for sale, as confirmed in the e-mail referred to under point 4.2.
6.2. Delivery times may vary from the day after the order to a maximum of 30 (thirty) days from the confirmation of the order, as provided by law. If the Supplier is unable, for whatever reason, to complete the shipment within that period, he will give prompt notification to the Purchaser with an e-mail, sent to the address provided by the latter during the purchase process.
6.3. Upon delivery, the Purchaser is obliged to check that: a) the number of packages delivered corresponds to the number indicated on the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the closing strips if present.
If the goods delivered present any damage which may have been caused by transport, the Purchaser may refuse delivery and immediately notify the Supplier, who will lodge a complaint with the courier and organise a new shipment as soon as the defective goods have been returned.
If the customer decides, however, to accept the goods being delivered, even though the packaging is badly damaged and/or has been tampered with, in order to safeguard his rights, he should inform the courier that the packaging is unsuitable by writing the words “ACCEPTED WITH RESERVATION TO CHECK GOODS DUE TO ...” (indicating the reason for the acceptance with reservation) on the delivery document, a copy of which should be kept.
7.1. All the sales prices of the products indicated on the web site at http://www.loomloom.it, are expressed in Euros and constitute an offer to the public, pursuant to article 1336 of the Italian Civil Code,
7.2. The above-mentioned sales prices include VAT and any other duties. The shipping costs and any additional charges, if foreseen, while not included in the purchase price, are indicated and calculated in the purchase procedure prior to the order by the Purchaser and displayed in the web page summary of the order, as well as in the summary e-mail sent after the purchase procedure has been completed.
7.3. The prices indicated for each article offered to the public are valid until the date indicated in the catalogue. Any promotional offers are specifically indicated and marked on the web site with the wording “special offer”, “products on special offer” or with similar wording.
8.1. The Supplier will ensure that orders are processed and fulfilled without delay through the on-line system used. For this purpose, it will indicate, in real time, the number of products available and those that are unavailable, and shipping times in its electronic catalogue.
8.2. If an order exceeds the quantity available, the Supplier will notify the Purchaser by e-mail if the article can no longer be ordered or indicate the expected waiting time to receive the selected goods, asking the Buyer whether he intends to confirm the order or not.
8.3. The Supplier’s IT system will confirm registration of the order as soon as possible by sending the Purchaser a summary e-mail, in accordance with point 4.2.
Limitations of responsibility
9.1. The Supplier does not assume any responsibility for any disruptions caused by force majeure or unforeseeable circumstances.
9.2. The Supplier shall not be liable to the Purchaser, except in cases of wilful misconduct or gross negligence, for poor services or malfunctions related to the use of the Internet which is outside of his control or of his subcontractors.
9.3. The Supplier will not be liable for any damages, losses and costs incurred by the Purchaser as a result of failure to execute the agreement for reasons not attributable to him.
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by a third party, credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he took all possible precautions based on the best science and experience available at the time and according to ordinary diligence required.
Obligations of the Supplier for defective products, proof of damage and damages payable
10.1. The Supplier shall not be held responsible for any consequences resulting from a defective product if the defect is due to compliance of the product with a mandatory legal regulation or a binding measure, or if the state of scientific and technical knowledge at the time in which the producer put the product into circulation, did not permit the product to be considered defective.
10.2. No compensation will be due if the claimant was aware of the product defect and the resulting danger and yet voluntarily exposed himself to it. Similarly, any defects resulting from the bad and/or incorrect use of the purchased goods, due to external causes (e.g., knocks, falls, etc.), from mishandling and misuse of the goods will not be fall under the responsibility of the Supplier.
10.3. In any case, the claimant must prove the defect, damage, and the causal relationship between defect and damage.
Warranty and support method
11.1. The Supplier is liable for any lack of conformity which becomes apparent within a period of 2 (two) years from delivery of the goods.
11.2. The rights of the Purchaser will be void if he does not notify the Supplier of the defect within a period of 2 (two) months from the date when the defect was discovered.
11.3. In any case, unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months after delivery of the goods, already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
11.4. In the event of a defect, the Purchaser may ask, as an alternative and without charge, under the conditions specified below, for the repair or replacement of the item purchased, a reduction of the purchase price or termination of this agreement, unless the request is objectively impossible to satisfy or is prohibitively expensive for the Supplier. Any products with clear signs of tampering or damage caused by improper use or by external factors not related to defects and/or manufacturing defects will not be covered under the warranty.
11.5. The request must be sent in writing by registered letter, with acknowledgement of receipt, to the Supplier, who will indicate his willingness to do so - or the reasons that prevent him from doing so - within 7 (seven) working days of receiving the request. In the same communication, in which the Supplier accepted the Purchaser’s request, he must indicate the method of shipment or return of the goods, as well as the deadline for the return or replacement of the defective goods.
12.1. The Purchaser agrees to pay the price of the purchased goods within the time frame and in the manner specified in the agreement.
12.2. Once the on-line purchase procedure has been concluded, the Purchaser agrees to print and keep a copy of this agreement, received by e-mail and attached to the purchase order confirmation.
12.3. The information contained in this agreement has, however, already been examined and accepted by the Purchaser - who acknowledges this - before the purchase is confirmed, through on-line procedures.
Right to withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the agreement, without payment of any penalty and without giving any reason, within 14 (fourteen) days from the date of receipt of the goods purchased.
13.2. If the Purchaser decides to exercise the right of withdrawal, he must notify the Supplier by means of a registered letter, with acknowledgement of receipt, to be sent to the address: Via San Zeno 16 - 25015 Desenzano del Garda (BS), Italy, with advance notification via e-mail sent to: email@example.com, provided that the aforesaid communication is confirmed by sending a registered letter, with acknowledgement of receipt, of the above within the following 48 (forty-eight) hours. The postmark stamped on the receipt issued will serve as proof.
13.3. The return of the goods by the Purchaser - under penalty of forfeiture - must be done no later than 14 (fourteen) days from the communication date of the withdrawal. In any case, to be eligible for full reimbursement of the price paid, the goods must be returned intact, in their original packaging and must not have been used by the Purchaser.
13.4. In order to exercise the right of withdrawal, in accordance with this article, the direct cost of returning the goods to the Supplier will be borne by the Purchaser.
13.5. The Supplier shall refund the price paid by the Purchaser after receiving the goods referred to in the withdrawal, subject to the conditions outlined in paragraph 13.3 above, so that the Purchaser can obtain the aforesaid refund.
13.6. Upon receipt of the registered letter in which the Purchaser communicates his intention to exercise the right of withdrawal, the Parties in this agreement will be released from their mutual obligations, except as provided in the paragraphs preceding this article.
Protection of privacy and the processing of Purchaser's data
14.1. The Supplier will protect the privacy of its customers and will guarantee compliance with personal data processing in accordance to the provisions of law in force on privacy under Italian Legislative Decree 30 June 2004, No. 196
Communications and claims
15.1. All direct written communication to the Supplier and any claims will be only be taken into consideration if sent by e-mail to the following address: firstname.lastname@example.org. The purchaser undertakes to indicate on the web site registration form, his address or domicile, telephone number and e-mail address for any communication with the Supplier.