GENERAL CONDITIONS OF SALE
1 Site name and ownership
The owner of the site is the company LMA Brands s.r.l. with headquarters in via Banchina dell’Azoto 15 Venice (VE) Italy VAT number IT04595500275 (official distributor of the brand)
These General Conditions of Sale (“General Conditions of Sale” or, alternatively, “GCS”) govern the offer and sale of Products distributed through the website www.muschieri.com (“Site”) by LMA BRANDS srl via Banchina dell’Azoto 15 Venice (VE) Italy VAT number 04595500275 (distributor)
2 Scope of application of the GCS
2.1 The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code“) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
2.2 These General Conditions of Sale apply to all contracts concluded with LMA BRANDS srl on the Site.
2.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Website in the “General Conditions of Sale” section. Users are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
2.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent and are available in Italian.
2.5 These General Conditions of Sale do not regulate the sale of products by subjects other than LMA BRANDS srl which are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.
2.6 The user is required to carefully read these General Conditions of Sale, which LMA BRANDS srl makes available to him in the “General Conditions of Sale” section of the Site and which he is permitted to store and reproduce, as well as all other information that LMA BRANDS srl provides on the Site, both before and during the purchase procedure.
3 Purchases on the Site
3.1 The purchase of Products on the Site takes place after registration, pursuant to clause 4 below, and is permitted both for users who have the status of consumers, and for users who do not have this status. Natural persons are allowed to purchase only on condition that they are eighteen years of age.
3.2 Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that natural persons are considered consumers who, in relation to the purchase of the Products, act for purposes unrelated to any business, commercial, professional or artisanal activity carried out.
3.3 LMA BRANDS srl reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and/or the conditions and/or terms of the purchase contract with LMA BRANDS srl; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card; (iv) by users who have released false, incomplete or inaccurate identification data or who have not promptly sent the documents requested by LMA BRANDS srl or who have sent invalid documents.
4 Registration on the Site
4.1 Registration on the Site is free. To register on the Site, the user must fill in the appropriate form, entering name, surname, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Submit] button.
Registration on the Site, by opening a personal account, allows the registered user (“Registered User”) to:
– save and modify your data;
– access all information relating to orders and returns;
– follow the status of the order;
– manage your personal data and update them at any time;
– take advantage of the dedicated services that may be activated from time to time (e.g. display of one’s own “wish list”, etc);
– express consent to the processing of personal data for LMA BRANDS srl to send newsletters.
4.2 Registration credentials (email address and password) must be stored with extreme care and attention. They can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no third party has access to them. He also undertakes to immediately inform LMA BRANDS srl, by contacting it via email at the address ecommerce@muschieri.com, in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.
4.3 The Registered User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold LMA BRANDS srl harmless and indemnified from any damage, compensation obligation and/or fine deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
5 Cancel or modify an order
To modify or cancel an order, it is necessary to contact LMA BRANDS srl promptly and in any case no later than 12 hours from sending the order by e-mail to the address ecommerce@muschieri.com, ALWAYS indicating the reference order number.
6 Order and shipment status information
At the time of shipment, the User will receive the shipment number at the email address indicated in the order, through which he will be able to track his purchases on the courier’s website or via the courier’s call centre.
7 Request for copies of documents and personal data changes
To request copies of tax documents and/or personal data changes, the User must contact LMA BRANDS srl via email at ecommerce@muschieri.com remembering to ALWAYS indicate the type and number of document for which the copy is requested and/or the correction.
8 Product warranty
8.1 All products marketed by LMA Brands s.r.l. on its muschieri.com ecommerce site are covered by a legal guarantee of conformity pursuant to and for the purposes of articles 128 and following. of Legislative Decree. no. 206 of 2005 Consumer Code.
9 Information on invoices, transfers and reversals
To contact the administrative service, the Customer must send an email to ecommerce@muschieri.com, remembering to ALWAYS indicate the order number or the document or invoice number for which information is being requested.
10 Methods of payment
Purchases made on muschieri.com are safe and guaranteed and payment can be made in one of the following ways, at the seller’s discretion:
– Payment by credit card through the Stripe platform
– Payment with Paypal system
– Payment with cash on delivery (exclusively in Italy)
10.2 Payment by credit card
Where the User chooses to pay by credit card, the reference bank will proceed to authorize the debit of the amount relating to the purchase made. In the event of cancellation, LMA BRANDS srl will request the cancellation of the transaction and the transfer of the committed amount.
The release times depend exclusively on the banking system. Once the transaction has been canceled, LMA BRANDS srl cannot in any case be held responsible for delays and/or damage caused by the banking system.
LMA BRANDS srl reserves the right to ask the User for additional information or to send copies of documents proving ownership of the card used. In case of refusal LMA BRANDS srl srl reserves the right not to accept the conclusion of the contract. At no time during the credit card purchase procedure is LMA BRANDS srl able to know personal information relating to the holder of the same, given that the information is transmitted directly to the site of the bank that manages the transaction, a secure site.
10.3 Payment with Pay Pal
By selecting the PayPal payment type, the User will be redirected to a page on the PayPal site and the payment will take place according to the methods indicated therein.
The information provided on the PayPal site will not be shared with LMA BRANDS srl but will be managed directly by the same.
In case of cancellation of the order or non-acceptance by LMA BRANDS srl the amount will be refunded to the PayPal account. LMA BRANDS srl will not be in any way responsible for delays and/or damages caused in this phase.
11 Shipping and Costs
The cost of shipping is charged to the User under certain conditions and will be calculated automatically by the system based on the weight of the items ordered.
In European countries (UK and Norway included) all orders equal to and greater than €100 will be treated with free shipping with Express Courier UPS or FEDEX
For USA all orders equal to and greater than $500 will be treated with free shipping with Express Courier FEDEX or DHL
In all others countries the cost will be calculated in base the weight and dimensions of package
For smaller orders in Europe and for all extra european countries the shipping cost will be calculated in base the weight and dimensions of package
In Europe we ship to the following countries (via UPS courier)
Albania, Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Norway, Netherlands, Poland, Portugal, United Kingdom, Romania, Czech Republic, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Hungary
Outside Europe we ship to the following countries (via DHL Express Courier)
Benin, Burkina Faso, Cameroon, Gabon, Ghana, Mali, Morocco, Nigeria, Senegal, Togo, Afghanistan, Saudi Arabia, Bahrain, Cambodia, China, Macao, Cyprus, South Korea, United Arab Emirates, Philippines, Japan, Hong Kong , Indonesia, Iraq, Israel, Kuwait, Malaysia, Maldives, Messico, Oman, Singapore, Thailand, Albania, Andorra, Bosnia and Herzegovina, Finland, Iceland, Liechtenstein, Monaco, Norway, Serbia, Bahamas, Canada, Cayman Islands, Puerto Rico, Saint Martin (France), Saint Martin (Netherlands), Switzerland, United States (US), Trinidad and Tobago, Taiwan.
12 Delivery times
The delivery times of the goods vary according to the availability of the product purchased in the warehouse (for example if the product is available from the manufacturer) and to the delivery methods envisaged for the same.
In any case, the delivery date is merely indicative and is in no way binding for LMA BRANDS srl.
LMA BRANDS srl makes use of partner couriers/carriers who offer the best quality/price ratio for the destination concerned: this allows us to offer our customers advantageous prices and quality service.
In the event of non-delivery of the goods due to an incorrect address provided by the User or due to complete storage in the warehouses of the courier/carrier and/or in any case for any cause attributable to the User’s behaviour, a new shipment will be possible ONLY upon advance payment of the same according to the methods indicated by LMA BRANDS srl.
13 Delivery of the Goods
Upon delivery of the goods, the User is required to check:
– that the number of packages delivered corresponds to what is indicated in the transport document;
– that the packaging is intact and not altered even in the closing tapes.
In the event of tampering and/or breakage, the User must immediately dispute the shipment and/or delivery using the document received from the courier or from another operator and adding the words “GOODS CONTROL RESERVE FOR …..” (indicate the reason) .
Subsequently, the User must report any damage within 3 days of receipt of the goods in the manner prescribed by the operator who performed the shipment.
14 Right of Withdrawal
The right of withdrawal is governed by current legislation referred to in Articles. 52 and following. Consumer Code as amended by LEGISLATIVE DECREE 21 February 2014, n. 21.
The User who qualifies as a Consumer referred to in point 3.2 has the right to withdraw from the contract for any reason and without any penalty within 14 working days and without having to incur costs other than those provided for in article 56, paragraph 2, and at article 57 of the aforementioned decree.
The complete text of the Consumer Code, updated to 16 September 2015, is available at http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf
Note: The right of withdrawal pursuant to articles 52 and following. Consumer Code is RESERVED EXCLUSIVELY to the Consumer defined by the Consumer Code in article 3 as the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (2).
Therefore, those who purchase with a VAT number and therefore as a company and/or professional cannot exercise the right of withdrawal.
15 Methods of Withdrawal
The right of withdrawal must be exercised in the following ways:
– The purchased product must be intact and returned in the original sealed package, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, poles, etc.).
– To exercise this right, the User must send LMA BRANDS srl a communication via email to the address ecommerce@muschieri.com within 10 working days from the date of delivery of the goods.
– Once the above communication has been made, and acknowledgment of receipt from LMA BRANDS srl has been received, the User will have to send the Product, at his own expense – after regular and suitable packaging in its original packaging – by express courier , together with a copy of the receipt, to the following address:
LMA BRANDS SRL
VIA PONTERITTO 44
FORMIA 04023 LT
The shipment until the receipt in our warehouse is under the complete responsibility of the User.
LMA Brands s.r.l. is not liable in any way for damage and/or theft/loss of products returned with uninsured shipments.
16 Returns and Refunds
The goods must be returned to LMA BRANDS srl within the terms set out in point 14
the return shipment is charged to the customer, who must return the products intact and not discarded from the original packaging (including plastic closure) which certify the total integrity and not tampering with the product itself. Muschieri Venezia reserves the right not to accept the return of those products which, in its opinion, do not comply with the above requirements.
The shipment must be delivered to:
LMA BRANDS SRL
VIA PONTERITTO 44
FORMIA 04023 LT
Without prejudice to any repair costs for ascertained damage to the original packaging, LMA BRANDS srl will refund the entire amount to the User, excluding shipping and packaging costs, within 14 days of the delivery of the goods by transferring the amount charged to the Credit Card or by Bank transfer.
In the latter case, it will be the User’s responsibility to promptly provide the bank details on which to receive the refund (customer’s IBAN code and header).
17 Forfeiture of the right of withdrawal
The User loses the right of withdrawal and the consequent right to a refund in the event that LMA BRANDS srl ascertains the existence of even just one of the following conditions:
– Disclaimer from protective casing and guarantee;
– Even partial use of the asset and any consumables;
– Lack of the original external packaging and/or internal packaging;
– Absence of product components (accessories);
– Damage to the product for reasons other than its transport
In the cases indicated above, LMA BRANDS srl will return the goods to the User, charging the shipping costs.
18 Applicable law
18.1 The purchase contract concluded on the Site is governed by Italian law.
18.2 Without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising of the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
18.3 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place in which the user resides or has elected domicile is competent. In the case of a non-consumer user, the Court of Venice is exclusively competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
18.4 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
19 Notice to Consumers
Online Dispute Resolution ODR Online Dispute Resolution
In compliance with the provisions of art. 14 of EU Regulation 524/2013/EU, the consumer User is informed that, as an alternative to the judicial dispute, both the consumer and Alias can avail themselves of the alternative online dispute solution by submitting a complaint through the platform set up by the European Commission. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
LMA BRANDS srl will be contactable by the body at the following address ecommerce@muschieri.com
For any clarification in this regard, you can contact us at the email address published in this document.
20 Suggestions / Reports / Complaints
For any suggestion, complaint and/or report, you can write to ecommerce@muschieri.com
21 Contacts
General Information & Customer Service:
ecommerce@muschieri.com
Registered office: LMA BRANDS srl Via Banchina dell’Azoto (VE)
VAT number / Fiscal Code IT04595500275