GENERAL TERMS AND CONDITIONS OF CONTRACT
AND GENERAL TERMS AND CONDITIONS OF CONTRACT FOR ITALY
1. Scope of application
The current General Conditions of Contract apply to all orders transmitted via iosonopreziosa.it (hereinafter referred to as the “website”). It is essential to read these General Conditions carefully before ordering products from the website. By ordering our products you agree to the following terms and conditions and declare that you are eligible to enter into legally binding contracts and are at least 18 years old. Any changes to the General Conditions of Contract will be valid only if made in writing by us. The provisions hereunder shall apply also further to any amendment made to this clause in writing.
2. Parties to the contract of sale
The website and the sale of items via the Internet are managed by Loiralab srl – Via Francesco Petrarca, 23 – Naples. Any claim or demand made during the warranty period must be sent to the aforementioned company.
Our customer service is always available at the email address firstname.lastname@example.org
3. Stipulation of the contract of sale
All orders received via the website are contractually binding with Loiralab. We are free to accept or, by sending you a statement to that effect, refuse any such offer within 14 days of delivery of the order. The purchase contract on the ordered goods is binding from the moment of acceptance of your order. This acceptance will be declared with the shipment of the ordered goods.
You declare your explicit consent to us checking your solvency by consulting authorised credit protection associations, credit institutions and information agencies. We reserve the right not to accept an order in the event of negative information regarding solvency. We also reserve the right to refuse customer orders if there is reason to believe that the customer does not comply with the general conditions, that he/she participates in fraudulent conduct or other relevant criminal activities or if there is another important reason.
The products and prices are valid as shown on the website; products are available whilst stocks last. We reserve the right to change the products displayed on the website at any time and without notice and to limit the number of items that each customer may purchase.
We do not assume any responsibility for out of stock products or for products that are no longer available.
The photos used on the website are provided directly by the manufacturer and are therefore indicative. The colours of the photos may differ significantly from the original product depending on the computer monitors where the online catalogue is displayed.
It is absolutely forbidden to resell or distribute any product purchased from the website.
It is important to note that after order confirmation no order changes or cancellation requests may be processed.
5. Right to withdraw in the event of unavailable items
If the ordered items are not available within 30 days from the date of the order, we reserve the right to withdraw from the contract of sale, even if the contract of sale has been previously confirmed. In the event of withdrawal from the contract, we will inform you thereof and refund you immediately the amounts received.
6. Prices and additional costs
The total amount of the order, including all taxes and costs for packaging and delivery, are indicated on the previous page or during the end of the purchase process. By confirming the order, you declare that you accept the price of the chosen goods. It is no longer possible to change the amount due afterwards.
All products are sold via Loiralab srl based in Italy. Please note for payments made from abroad by credit card, your credit card issuer may charge an additional fee abroad (approximately 1-2%).
7. Terms of Payment
The purchase price of the ordered items takes effect from the moment Loiralab srl receives the order. The order will be processed immediately upon payment. The amount is due immediately. Payment must be made by credit card, PayPal or scalapay via the website. The amount due may not be contested unless the sum is disputed by a court order.
In the case of payment by credit card we reserve the right to check the validity of the credit card, the availability of the relevant amount and the address. If the card issuer declines the availability of the payment, we do not guarantee for delays or non-delivery. If we do not receive the amount within 7 working days of order confirmation, Loiralab srl reserves the right to cancel the order.
If you buy via Scalapay you will receive your order now and pay in 3 instalments. You acknowledge that the instalments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize such transfer
8. Delivery and retention of title
The items will be delivered to the address indicated and delivered with a postal courier chosen directly by the manufacturer. At the time of delivery, check the correctness and completeness of the shipment and refuse delivery in the event of packaging that is not intact or is damaged.
9. Right of withdrawal
As a consumer, you have the right to withdraw from the contract within 14 days, without having to provide a reason why. Personalised products are excluded from the right of withdrawal.
To exercise your right of withdrawal, you must inform us (Loiralab srl – via F. Petrarca, 23 – 80123 Naples – email: email@example.com) of your decision to withdraw from this contract by means of an express statement (for example, a letter sent by post or email). To comply with the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, you will be refunded all payments you have made to us, excluding delivery costs, without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. Such refunds will be made using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a result of such refund.
The refund may be suspended until the goods are received.
The costs of returning the goods will be borne by you.
The customer must return the products in their original state, in the original packaging and the products must be accompanied by the returns slip.
If the delivered items are defective, the contract may be terminated or, at your option, if the goods are still available, they may be replaced with a defect-free replacement. No other warranty will be granted in addition to the one provided for hereunder.
11. Limitations of Liability
Loiaralab srl shall be liable only for damage deriving from wilful misconduct or gross negligence.
The above limitations of liability will apply to all claims for damages, regardless of legal grounds, including claims resulting from non-contractual liability; they will not be applied in any event under the Product Liability Act (LRDP), for guaranteed property or for injury to life or bodily harm.
If one of the clauses of these general conditions becomes ineffective or unenforceable, the remaining clauses will not be affected.
13. No assignment
The rights under the contract may only be transferred to third parties with the prior written consent of Loiralab srl.
14. Applicable law
Contracts entered into on the basis of these General Conditions of Contract are governed by Italian law and any reference to the laws of other countries is excluded. The rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply. That applicable law is valid only to the extent that mandatory provisions of the law of the consumer’s State of residence do not preclude it. Any dispute arising out of or in relation to these General Conditions of Contract shall be submitted to the exclusive jurisdiction of the Courts of Naples. Loiralab srl also reserves the right to take legal action in the customer’s place of residence.