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Date of publication on the site and entry into force 02/01/2021
1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "Fratelli Leo" branded products (hereinafter "Products” or in the singular “Product”) performed through the e-commerce site www.fratellileo.com (hereinafter the "Site") by users qualifying as "Consumers" pursuant to article 1.2 below. The Site, owned by Fratelli Leo S.r.l., with registered office in Turin, Strada del Drosso, 39, 10135 tax code, VAT number and registration number in the Turin Company Register 11867770015 (right away "Holder"), is managed by Fratelli Leo S.r.l.
1.2. Fratelli Leo deals with the sale of the Products through the Site on behalf of the Owner. Purchases of Products made through the Site will see Fratelli Leo as parties, as seller (hereinafter the "Salesperson"), and the person who purchases one or more Products for purposes not related to his business, commercial, craft or professional activity, as purchaser (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to below as the "Party”).
1.3. The Owner is not a party to these Conditions, but the holder of the rights to the domain name of the Site, the logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller using the form contact form on the Site and reachable by clicking on the button/widget "Assistance" present in the lower right part of all the pages of the Site itself
1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these Conditions will apply but, notwithstanding the provisions of the same:
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent to him by e-mail to the address he declared during registration on the Site or during the purchase process .
1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the ability to act, which the Consumer declares to possess.
1.9. Any costs for Internet connection to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer are the exclusive responsibility of the Consumer.
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the Consumer sends the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded starting from from that date.
2.3. The prices, the Products for sale on the Site and/or their characteristics may be subject to change without notice. These variations operate only for orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the States indicated on the Site.
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or make a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller when registering on the Site or when sending the order if the Consumer is not registered on the Site , an e-mail confirming the order itself, which will contain the text of these Conditions as an attachment, the summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication to the Seller using the form contact form on the Site and reachable by clicking on the button/widget "Assistance" present in the lower right part of all the pages of the Site itself.
3.4. Each contract for the purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After selecting the Products, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of the order to be carried out, the contents of which he can modify: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate tick (check-box) present on the Site and finally, through the "Insert order" key, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (at the same time as the purchase) by credit card, PayPal Express or ApplePay, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be debited exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the Product selection procedure on the Site referred to in point 4.1 above, the Consumer detects that the price of one or more of the Products he intends to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service, using the form contact form on the Site and reachable by clicking on the button/widget "Assistance" present in the lower right part of all the pages of the Site itself.
5.1. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following the one in which the Consumer sent the order. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for payment of the Product pursuant to the following par. 5.3.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect of the Products received or of their discrepancy with respect to the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing which the Products will be considered accepted. If the packaging or casing of the Products ordered by the Consumer should reach its destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reserve".
6.1. The price of the Products is that indicated on the Site at the time the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Consumer and which the same The Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products are to be delivered to a country that does not belong to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for whatever reason, to the Products ordered on the basis of these Conditions are the sole responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous par. 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and cannot in any way charge the aforementioned charges to the Seller.
6.6. Finally, the Consumer acknowledges that in the event of refusal by the Consumer of the Products or non-delivery of the same for reasons attributable to the Consumer or his recipient (such as incorrect address and/or telephone number of the recipient; repeated absence of the recipient, etc.) the Seller may withhold the Products and charge the Consumer an amount corresponding to the shipping costs of the Products, the costs of their return and any additional customs duties and taxes applicable to the sale. The Consumer will therefore only be reimbursed for the price paid for the Products.
7.1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the Product(s) purchased is credited to the Seller's current account.
7.2. Payment can be made by credit card, via PayPal Express, Apple Pay under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify Payments, the operator who handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, by means of encrypted data transfer with the 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in Italy, or attached in paper format to the Products purchased, in all other cases.
8.1. Pursuant to and for the purposes of the European Directive 44/99/CE and the Italian legislative decree n. 206/2005 (hereinafter "Consumer code”), the Seller guarantees to the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions/warnings in this regard provided by the Seller and/or the Owner, or indicated in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending the Seller's Customer Service a suitable communication by means of the form contact form on the Site and reachable by clicking on the button/widget "Assistance" present in the lower right part of all the pages of the Site itself, by selecting the item "Online Purchases - Returns and Refunds", with an indication of the defect and/or non-compliance found, as well as attaching at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt.
8.3. Following receipt of the aforementioned communication and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after examining the documentation sent by the Consumer, will decide whether to authorize the return of the Products. In the event that the return of the Products is authorised, the Seller will provide the Consumer with a reply via e-mail to the address provided by the latter during the registration process on the Site or during the order transmission phase, containing the return to be inserted in the box, a sheet with the address of the warehouse to be printed and applied to the outside of the package and the instructions for returning the Product. The authorization to return the Products will in no way constitute recognition of defects or non-compliance, the existence of which must be ascertained after the return, i.e. upon arrival of the Products at the Seller's warehouse at the address indicated in the paragraph which follows. Upon arrival of the Products at the Seller's warehouse, the Seller will carry out quality checks on the returned Products, with the assistance of the Owner. If the Seller does not authorize the return because the Product does not present any defects, the Seller will notify the Consumer via e-mail that the Product is compliant and does not present any defects, and consequently, will invite the Consumer to recover the Product at his own expense, refusing to carry out any work under warranty.
The Products whose return the Seller has authorized must be returned by the Consumer, together with a copy of the return authorization communication bearing the "Return Code", within 14 (fourteen) days of reporting the defect or non-compliance, to the following address: Fratelli Leo S.r.l., c/o TWS Strada del Drosso, 39, 10135, Turin (TO) - Italy.
8.4. In the event that, following the Seller's quality controls, the Product actually presents defects or non-conformities, the Consumer will have the right to have the Product restored to conformity by the Seller, by repair or replacement, or alternative remedies in the cases expressly provided for by the 'art. 130 of Legislative Decree n. 206/2005.
If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product.
9.1. As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, in his capacity as distributor of the Products through the Site, frees himself from any liability, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative manufacturer.
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 ( fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform Fratelli Leo, before the expiry of the term referred to in point 10.1 above, of his decision by filling in the appropriate form form contact form on the Site and reachable by clicking on the button "Contacts" present in the upper part of all the pages of the Site itself, and entering the order number and the e-mail address with which the purchase was made. Alternatively, the Consumer can send an explicit declaration to Fratelli Leo, to the addresses indicated in these General Conditions or on the Website, of his decision to withdraw, reporting the aforementioned indications in the declaration.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming the withdrawal, containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and instructions for proceed with the return of the product, to be sent within and no later than the following 14 days a
Fratelli Leo srl
Strada del Drosso, 39, 10135
Turin (TO) - ITALY
10.4 If the Consumer has received the product, he is required to return it to Fratelli Leo without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period has expired. The direct risks and costs of returning the goods, as well as proof of this, will be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the withdrawal request he will be indicated the cost for returning the goods, if he wants to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer will be reimbursed for the payments he has made, including delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer. The refund may be suspended until receipt of the goods or until the Consumer demonstrates that he has sent the goods back, whichever comes first.
10.6 The Consumer is responsible for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the product) , not accompanied by the attached instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish their nature, characteristics and functioning and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protect it during transport also from writing or labels.
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or related to the Products and the related exploitation rights in any way and with any medium, are and remain the exclusive property of the Owner or in any case available to him, and/or his assignees, throughout the world and for the entire protection period (including renewals, extensions and, if possible, in perpetuity) guaranteed by the applicable laws and regulations, without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products. The Consumer undertakes not to perform or omit any act that does not comply with or could otherwise prejudice the rights indicated above.
Consequently, the Consumer acknowledges and accepts that the aforementioned rights will cover (i) any trademark, logo, title, company name, domain name, distinctive sign, product name, registered or unregistered of the Owner contained on the Site; (ii) any product of the Owner and/or its design, model, registered or unregistered, reproduced on the Site (iii) any textual, visual, audio, audiovisual and/or material content of the Site, including without limitation designs and layouts graphics, informative and/or editorial content, images, photographs, music, videos.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the specific section of the "My Account" website accessible after authentication.
13.1. Although the Seller adopts measures aimed at protecting personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
13.2. With regard to data relating to credit card payments, the Seller makes use of the services of the Shopify Payments company which adopts technological systems capable of guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory provisions of law in force in the State of the latter will remain unaffected.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and secure manner on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, which can be selected from a special list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated on the European ODR Platform is the following: email@example.com
14.4. If the conciliation attempt referred to in the previous point 14.2 or 14.3 is not accepted or if such attempt should have a negative result, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.
The Conditions of Sale are published on the Site in Italian and English. In case of discrepancy between the Italian version and any other version, the Consumer accepts that the Italian version of the Conditions of Sale will prevail.