TERMS AND CONDITIONS
Welcome to the website legamishop.com (the “SITE”), the official online shop of ESTER 2018 S.R.L.S. The products for sale on Legamishop.com are sold and invoiced by ESTER 2018 S.R.L.S., with headquarters in Via Cavour, 95-48121 Ravenna (RA), C.F. VAT no. 02600630396 – RA 216266. For any information on orders, shipments and, more generally, on purchases, you can contact ESTER 2018 SRLS at the e-mail:
GENERAL CONDITIONS OF SALE ART. 1 – ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CONCLUSION OF THE CONTRACT
The contract stipulated between ESTER 2018 S.R.L.S. (hereinafter “ESTER 2018 S.R.L.S.”) and the Customer must be considered concluded with the acceptance, even only partial, of the order by ESTER 2018 SRLS. In case of non-acceptance of the order, ESTER 2018 S.R.L.S. will promptly notify the Customer in any case. By placing an order in the various ways established, according to the order form on the Site (hereinafter the “Order”), the Customer has announced that he has read all the instructions provided to him during the purchase procedure and orders in full these general conditions (hereinafter the “Conditions”). These Conditions can be printed or saved on a durable medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as added by Legislative Decree 21/2014.
- PURCHASE METHOD
The products offered for sale by ESTER 2018 S.R.L.S. they are only those present on the ESTER 2018 S.R.L.S. at the time of placing the Order, as described in the relevant information sheets. In any case, it is understood that the images accompanying the description of a product are for information purposes only and may not be perfectly representative of its characteristics but may differ, for example. by color and size (also due to the browser and monitor used for accessing the Site and viewing the images). To place an Order, the Customer must complete the relevant form on the Site in its entirety and send the same after carefully viewing the Conditions, as well as the characteristics of the product and / or products it intends to purchase. The Customer must also request ESTER 2018 S.R.L.S., if he wishes, the issuance of a tax invoice relating to the purchase, pursuant to art. 22 D.p.R. n. 633/1972. The correct receipt of the Order is confirmed by ESTER 2018 S.R.L.S. by means of an e-mail response sent to the e-mail address communicated by the Customer. This confirmation message will summarize the purchase conditions, as required by the applicable legislation, as well as the data entered in the Order by the Customer, so that the same can verify the same and possibly communicate without delay the necessary corrections of incorrect data.
- Prices and Payment Methods
3.1 The prices indicated on the Website shall be understood as inclusive of taxes and VAT. Any delivery costs or payment charges shall in any case be notified to the Client via the Website or through these Conditions.
3.2 The following payment methods are accepted:
Clients may pay via PayPal in accordance with the specific methods set by the same.
(ii) Credit card
Where products are purchased using a credit card, the transaction may be performed via the PayPal secure server or another secure server as chosen by Ester 2018 srls.
Under no circumstances and at no stage of the transaction shall Ester 2018 srls be able to access the Client’s credit card details, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by Ester 2018 srls and therefore under no circumstances shall ester 2018 srls be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment
- Delivery of products and associated charges
4.1 The products purchased shall be delivered to the address indicated on the Order by the Client within 24-72 hours from Ester 2018 srls having accepted the Order, at the cost specifically indicated on the Website before placing the Order. Ester 2018 srls reserves the right to accept or refuse requests for delivery beyond the territories of Italy or Europe. In any case, for deliveries outside the territories of Italy, delivery expenses and lead times may be subject to change.
4.2 With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The Client is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports.
4.3 The lead times for delivery indicated by Ester 2018 srls are merely indicative and a delay to the same, or any delivery made with subsequent split consignments shall not entitle the Client to refuse the delivery or request compensation or indemnity.
4.4 At the time of delivery, the Client shall be required to check:
that the number of packages delivered corresponds to the number shown on the delivery note.
that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping).
Any damage to the packaging and/or to the product or any lack of correspondence in the number of packages or the details, must be notified immediately by indicating the nature of the problem on the delivery note for the product, which shall be returned to the carrier.
Any problems with reference to the physical integrity, correspondence or completeness of the goods received must be notified within 7 days of delivery, in accordance with the methods set out in this document.
- Right to cancel
5.1 Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Client may withdraw from the Conditions and therefore from the purchase agreement for any reason, without need for an explanation and without incurring any penalty, within 14 (fourteen) working days from the date of receiving the products.
5.2 In order to exercise the right to cancel set out in the preceding Clause 5.1, the Client shall send notification to Ester 2018 srls within the time limits indicated to the following email address [email protected], or by means of the form provided for that purpose on the Website.
5.3 In the event of cancellation, the Client shall return the products to Ester 2018 srls at the Client’s expense within 14 (fourteen) days of said cancellation to the following address Ester 2018 srls Via Cavour, 95 – 48121 Ravenna (RA) – Italy. The goods must be returned intact, complete in all their parts and in their original packaging (envelopes and packaging), having been kept and used only for the time strictly necessary to establish and verify their condition, features and size, in accordance with normal diligence, there being no signs of wear or dirt and in compliance with the following conditions:
the right to cancel may be applied to the purchased product as a whole; it is not in fact possible to return only part of the purchased product (for eg., accessories, complementary items, etc.);
in order to cancel, the product must be complete and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: labels, cards, tags, seals, etc.);
transport expenses (and any customs duty, if applicable) arising from the return of the goods shall be borne exclusively by the Client.
until confirmation of receipt by the warehouse indicated by Ester 2018 srls is given, liability for transport shall be borne solely by the Client;
should the goods be damaged in transit, Ester 2018 srls shall notify the Client, in order that the Client may promptly lodge a complaint against the courier that was used and obtain appropriate compensation; the product shall then be made available to the Client, at the same time as cancelling the request for termination;
Ester 2018 srls shall not be liable in any way for damage, theft or loss that occurs during or as a result of a shipment made for the purposes of returning goods.
The right of withdrawal cannot be applied to products for which the Customer has requested personalisation.
5.4 Ester 2018 srls shall arrange to refund the Client for the whole amount paid, net of consignment charges incurred and any customs duty paid for importation, within 14 (fourteen) days from the date of cancellation, by transferring the debited amount, via the same payment method used by the Client for the initial transaction, unless otherwise agreed. In any case, the Client shall not bear any expenses incurred as a consequence of said refund. Ester 2018 srls may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched, whichever is sooner.
5.5 In any case, the Client shall forfeit the right to cancel should Ester 2018 srls discover any of the following:
that the returned product and/or its accessories, and/or its packaging are not intact;
that the product is without its external package and or the original internal packaging;
that the product is missing some of its integral parts and/or accessories (for eg., fastenings, ties, buckles, etc.).
Should the right to cancel be forfeited, Ester 2018 srls shall arrange to return the purchased product to the sender, debiting the shipping costs from the same and, if already refunded, the price of the product.
6.1 All products sold by Ester 2018 srls are covered by a warranty of 24 (twenty-four) months for any lack of conformity pursuant to Chapter III of Italian Legislative Decree 206/2005. To benefit from assistance under the warranty, the Client must retain the invoice or the payment receipt, along with the delivery note.
6.2 The warranty for lack of conformity shall be applicable provided that the product concerned has been used correctly, in accordance with its intended use and in compliance with the contents of the instructions for usage and laundering provided in and/or with the product.
6.3 Should Ester 2018 srls, for any reason, not be able to provide the Client with a product under the warranty (repaired or replaced), or should repair or replacement be excessively burdensome, due to the value of the product, Ester 2018 srls may proceed by applying an appropriate discount on the price paid, or by refunding the whole amount paid and terminating the contract.
6.4 Where the implementation of the warranty requires the product to be returned, the same must be returned by the Client in its original packaging, complete in all its parts (including packaging and any documentation and accessories).
- Complaints and requests for information
7.1 Ester 2018 srls may be contacted with reference to any complaints or requests for information: [email protected]
8.1 Personal details collected when the Order is placed shall be used by Ester 2018 srls solely for the purpose of fulfilling the express requests of the Client, in accordance with pursuant to European regulation 2016/679 and the privacy statement shown on this website. Any other use of said details shall take place only with the express consent of the Client.
9. Applicable law
9.1 The contract for sale set out in these Conditions and its performance shall be governed by Italian Law. Any contrary legal norms and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. Should a dispute arise, it shall be submitted to the jurisdiction of the Courts in the town where the Client is resident.