Terms and conditions
1. Object
1.1 These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "La Semy" brand products (hereinafter "Products" or in the singular "Product") made through the e-commerce site (hereinafter the “Site”) by users qualifying as “Consumers” pursuant to the following article. The Site is owned by La Semy di Gafforelli Myriam, with registered office in Via Predore 63 - 24067 Sarnico (BG), Italy and VAT number IT04129520989 (hereinafter “La Semy”, “Owner” or “Seller”).
1.2 Purchases of the Products made through the Site will involve La Semy as the seller and the person who purchases one or more Products, as the buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter be collectively referred to as the "Parties"). Purchase order fulfillment activities, including delivery of the Products, will be managed by the Seller.
1.3 The Owner is the owner 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 at the addresses and in the manner indicated on the Site and to the e-mail address info@lamyse.com.
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. Persons who are not Consumers are invited not to execute purchase orders. If one or more
sales are carried out to a person who does not qualify as a Consumer, these Conditions will apply but, in derogation of what is provided for in the same:
a) the buyer will not be granted the right of withdrawal referred to in article 10;
b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;
c) the purchaser will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7 Simultaneously with the transmission of the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these Conditions will be sent via e-mail to the address declared by the Consumer during registration on the Site or during the purchase process. purchase.
1.8 To be able to make purchases through the Site, the Consumer must be of age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.9 Any costs for the Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
-
2. Characteristics of the Products and their availability in the different geographical areas
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 order is sent by the Consumer, to 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 solely to sales concluded in starting 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 changes only apply to orders not yet confirmed on the date of the change itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sales price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can be purchased
exclusively by users who request delivery in one of the states selectable at check-out.
-
3. Method of purchasing the Products - Completion of each individual purchase contract
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 transmitted by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by these Conditions, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without any 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, wishing to print a copy via the print command, to memorize or reproduce a copy for their 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, at the address
of e-mail declared by the latter to the Seller at the time of registration on the Site or of the transmission of the order if the Consumer is not registered on the Site, of an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order placed, including the 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 stored electronically by the Seller in its IT systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at the address info @lamyse.com.
3.4 Any contract of
purchase of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
-
4. Product selection and purchase procedure
4.1 The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to purchase the Products included 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 your 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 selected Products, the billing address and, optionally, a telephone number where you can contact for any communications relating to the purchase made. The Consumer will see a summary of the order to be placed, the contents of which he will be able to modify: therefore, the Consumer, by pressing the purchase button, will confirm these Conditions and his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous paragraph 3.2. of these Conditions. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer decides to use the immediate payment method (at the same time as the purchase) by credit card, PayPal or other payment methods present on the check-out page, he or she will be required to communicate the relevant relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Consumer.
4.2 If during the Product selection procedure on the Site referred to in the previous paragraph 4.1, the Consumer finds that the price of one or more of the Products he intends to select for the 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 that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail. email to the email address info@lamyse.com.
-
5. Delivery of goods and acceptance
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 reasonable in order to respect the delivery times indicated on the Site and, in any case, to carry out delivery within a maximum of 30 (thirty) days starting from the day following that on which the Consumer has sent the order. In the event of failure to execute the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following paragraph 5.3. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from receipt of the payment by the Seller.
5.3 The shipment of the Products ordered by the Consumer will take place in the method selected by the Consumer among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly and in the shortest possible period check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or their discrepancies with the order placed, according to the procedure referred to in the following article 8 of these Conditions, in the absence of which the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".
-
6. Prices, shipping costs, duties and taxes
6.1 The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. 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 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 reported 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 not belonging 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 their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4 Any further costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered under these Conditions are the sole responsibility of the Consumer.
6.5 The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the previous paragraphs 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.
-
7. Payments
7.1 Payment of the price of the Products purchased through the Site must be made within the essential term of 6 (six) 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 purchased Product(s) is credited to the Seller's account.
7.2 Payment can be made by credit card, PayPal or other payment methods present on the check-out page, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3 The Seller will promptly send to the Consumer, if required by applicable law, in electronic format via 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 Italian territory, or attached in paper format to the Products purchased, in all other cases.
-
8. Legal guarantee of conformity of the Seller, reporting of defects of conformity and interventions under warranty
8.1 Pursuant to and for the purposes of the European Directive 771/2019/EC and the Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees 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 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 relevant instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative reference documentation, on the tags or in labels. The Seller also guarantees that the goods have the quantity, quality, durability, functionality, compatibility and safety ordinarily present in goods of the same type.
8.2 The Consumer can report any defects and non-conformities by sending the appropriate form correctly completed to the Customer Service at info@lamyse.com, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the form same return (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt). The action aimed at asserting defects not maliciously concealed by the Seller expires in any case within twenty-six months from delivery of the Products to the Consumer.
8.3 Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through its assistance service and, after having carried out quality checks aimed at verifying the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback via email. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication bearing the "Return Code", within 30 (thirty) days from reporting the defect or non-conformity, to the following address:
THE SEMY OF GAFFORELLI MYRIAM
Via Predore 63
24067 Sarnico (BG), Italy
8.4 In the event of defects or non-conformity, the Consumer will have the right to have the Product restored to conformity by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by the art. 130 of Legislative Decree no. 206/2005. If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, through the same means of payment used by the Consumer when purchasing the Product or through
bank transfer. It will be the Consumer's responsibility to communicate to the Seller, again via email at info@lamyse.com, the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the sum due.
-
9. Liability for damage caused by defective products
9.1 As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply.
9.2 The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used for their display. In the event of a lack of conformity of the Products purchased with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer has the right to immediate reimbursement of the non-compliant goods, upon sending via e-mail to info@lamyse.com of photographs that highlight the damage or non-conformity of the Product.
9.3 Communication will follow from the Seller indicating the reimbursement method which may take place, at the Customer's discretion, also through discount vouchers to be used on a subsequent purchase, excluding any further liability of the Seller, for any reason.
9.4 In any case, the provisions regarding the legal guarantee of conformity of goods provided for by the Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) apply.
-
10. Right of withdrawal
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within a period of 14 ( fourteen) days from when (i) the Product was delivered or (ii) in the case of purchasing multiple Products delivered separately with a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer can send an explicit declaration to the email address info@lamyse.com of his decision to withdraw.
10.3 Following the provisions of the previous point 10.2, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the event that he has already received the ordered product in the meantime, the instructions for proceeding with the return of the product, to be sent no later than the following 14 days to:
THE SEMY OF GAFFORELLI MYRIAM
Via Predore 63
24067 Sarnico (BG), Italy
10.4 If the Consumer has received the product, he is required to return it to the address above 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 expiry of the 14 day period. The risks and
direct costs of returning the goods, as well as proof of this, will be borne by the Consumer.
10.5 In case of withdrawal, the Consumer will be refunded the payments he has made, excluding the costs incurred for shipping the product, without undue delay and, in any case, no later than 14 days from receipt of the goods. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests the refund using a different payment method, in which case any additional costs deriving from the different payment method will be borne by the Consumer.
10.6 The Consumer is responsible for the decrease in the 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 unaltered labels and tags attached to the product) , not accompanied by the attached instructions/notes/manuals, the original packages and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the goods, 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 packaging.
original of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.