1.1 LM Europe SA (hereinafter the “Seller”) sells products under “LA MARTINA” trademark (hereinafter the “Product/s”). The Seller decided, together with its in-store sale activity, to create a distance selling network offering to its own customers specific products through the web site www.lamartina.com (referred to herein as a “Site”)
1.3 The Site is managed and operated by: LM Europe SA – Via Livio, 1 – 6830 Chiasso, CHE-255864181 (contact us)
1.4 The Site is made available for domestic and private use only for final consumers. The term “Consumer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. (hereinafter the “Customer”). Therefore, any commercial, business, resale, rental or transfer purpose about Products is strictly forbidden.
1.5 The Terms are published on the Site for Customer’s acknowledge forming an integral and substantial part of the purchase contract between the Seller and the Customer. No others Terms and Conditions will be considered effective and binding. The Seller has the right to change the Terms at its own discretion from time to time, so please review and accept the Terms each time prior to making a purchase order through the Site.
1.6 By placing an order for any product or otherwise accessing or using the Site, the Customer accepts and agrees to be bound by these Terms.
2.1 The Customer can place an order via the Site in Italian, English, French, Spain and German.
2.2 The Customer can view, select and order the Products following the Site’s purchase process and any other information provided. The Order shall be placed by 18 years old (or older) Customer only.
2.3 By clicking on the “Pay now” icon the Customer confirms the Order and concludes the purchase process. The Customer accepts to send a binding purchase offer directly to the Seller concerning each Products included in the “Shopping Bag”.
2.4 At any moment during the purchase procedure the Customer will be able to cancel, correct, or modify the Order following the directions provided by the Site.
2.5 Once the Order has been sent out the purchase procedure is concluded. The Customer will receive an automatic e-mail including the Order details and the description of ordered Products (hereinafter “Order proposal”). The Order proposal is not a confirmation of the Order.
2.6 The quantity and types of Products available on the Site may vary for commercial and manufacturing reasons. Therefore, the Seller will have the right, at its own discretion, to not accept - totally or partially - the Order sent by the Customer.
2.7 The Seller will send a formal acceptance of the Order to the customer by e -mail confirming the shipment of the Products . (hereinafter "Order Confirmation" ) . The sales contract between the Seller and the Customer will be concluded upon receipt of this Order confirmation .
2.8 The Customer duly registered may check and print the Order/s by accessing the “My Orders” Site’s section.
2.9 The Seller reserves the right to terminate the purchase contract if the Products cannot be delivered due to force majeure, production and commercial reasons or for causes beyond the control of the Seller. The Customer will be informed by e -mail about that. Any payments already made by the Customer will be proportionally reimbursed (in the case of total or partial withdrawal). In any case the Customer will not have any kind of compensation or indemnification right against the Seller .
2.10 Products availability. The Products offered on the Site may not be available for sale at the time of the purchase procedure. The Customer may ask to the Seller, in compliance with the instructions on the Site , to be informed about availability of specific Products. The Seller will inform the Customer via e -mail once the Products will be available for the sale. This process does not generate purchase obligation on the head of the Customer.
2.11 Products reservation. Some products could be offered on the Site even if available for sale only through the physical Stores " La Martina". In this case, the Customer can check and select the Products anyway having the right to book them, following the instructions on the Site within " Store locator" section. This procedure does not create a contract of sale between Seller and Customer. Once booked the Product the Customer will be contacted, via email, by the Seller who will provide him/her with any information needed to close the purchase . The customer will have alternately right to (i) purchase the Product following the instructions on the Site and provided by the Seller ; (ii) cancel the Product booked. If the Product booked is not available for sale after 30 ( thirty) days from the booking date, the Seller will inform the Customer and the booking will be automatically canceled .
3. Shipping and Delivery
3.1 Extraordinary Changes - Coronavirus Emergency
3.1.1 Temporary Shipping Policy
Due to the Coronavirus emergency, La Martina has temporarily modified its shipping policy. Standard shipping is currently free on all orders to countries where ground shipping is possible. The price for express shipping has not changed. If you have any queries regarding the delivery of your order, please check the website of the courier in question or contact our Customer Service Team.br /> 3.1.2 Temporary Shipping Restrictions
We are temporarily unable to ship to the following countries:
3.2 The Customer may monitor the shipping and delivery process of the Products purchased through the links indicated in the Confirmation Order.
3.3 The Products will be delivered to the address provided by the Customer within the countries below:
UNITED ARAB EMIRATES
3.4 No shipping or delivery address will be accepted outside the Countries mentioned above. The Customer may request delivery to third parties whose residence or domicile are within the Countries. The Customer will bear any customs duty related to extra EU delivery.
3.5 The Product will be delivered within 30 (thirty) days from the date of the Confirmation Order and upon receipt of the payment, except provision of the article 2.9. The Customer can check any document related to the Order on The Site.
3.6 The Customer has the following delivery options:
A. Express Courier The Customer can select the Courier Services described and available on the Site The Customer at the time of delivery undertakes to check the package and the Products. In case of transport damage or differences in quantities , the Customer will claim that to the Courier directly on the delivery note. Any defective Product must be notified by the Customer to the Seller in compliance with the procedure provided by the Article 6 – Warranty. The delivery costs will be charged to the Customer as duly indicated in the Order at the time of purchase procedure, unless otherwise indicated on the Site .
B. Pick-up in store The Seller offers its Customers the possibility of picking up the Products ordered on the Site at specific “La Martina” stores. The Customer can check the stores "La Martina" where the service is available in the Site’s section " Stores ", during the purchase procedure. The Seller will inform the Customer by e-mail once the Products are available at the Store selected. The Customer must pick-up the Products personally showing copy of the mentioned e-mail together with his/her Identity Card. The Customer can also delegate other person to pick-up the Product by giving power of attorney and copy of his/her Identity Card. The products will be available for pickup for 14 (fourteen ) days from the date of the Seller’s e-mail. Upon expiry of this term the Order will be cancelled, the Products will be returned to the Seller and the Price will be refunded to the Customer. The Customer will be responsible for any loss or damage to the Products ordered, for which the Seller is not responsible, at the time the Customer or third parties takes possession of the Products.
4. Price and Payment
4.1 The Customer must pay the Products by means of one of the following payment method: - Credit Card (Visa, Mastercard, American Express, Postfinance-Postcard) - Paypal
Credit Card. The Customer acknowledge and confirm to be the Credit card holder (or authorized user), providing (i) expiry date; (ii) credit card number; (iii) security code. The Price (and any other cost) of the Products will be charged at the time of the Confirmation Order. The payment procedure will be entirely managed by the Bank. The Bank automatically stores and uses any data useful to close the payment procedure. If, for any reason, the amount due by the Customer cannot be debited, the purchased procedure will be automatically cancelled.
PayPal. This payment method will address the Customer to the web site www.paypal.com where the payment will be carry out following the PayPal terms and conditions. The data entered on PayPal will be managed directly by PayPal and they will not be shared or sent to the Seller. The Seller will not be part of this procedure therefore he cannot be liable for any delay and/or omission concerning this type of payment method.
4.2 All Products price are displayed in the currency applicable to the country of delivery. The price include local taxes and duties. Price and shipping costs are indicated in the Order.
4.3 The price and availability of products may be subject to changes and updates at any time. The Seller reserves the right to revoke offers, change price and correct errors and omissions at any time until the Order Confirmation.
4.4 The shipping costs as well as any additional costs will be indicated and charged to the Customer separately.
5. Returns and Right of Cancellation
5.1 The Customer may exercise the right of withdrawal within 30 (thirty) days from the date of delivery. To properly exercise this right, the Customer must contact our Customer Service at +39.0423.177.3091.
The customer must comply with the following additional conditions: (I) the products must be accompanied by proof of purchase; ( Ii ) the products must be accompanied by original labels and tags; ( Iii ) products must not be damaged , used, worn, handled, repaired and / or washed;
5.2 The Seller reserves the right to refuse returns of Products damaged, incomplete, deteriorated and or soiled or in any state indicating that the Products have been used, or Products returned after the term mentioned above.
5.3 The Customer reserves the right to demand compensation and/or indemnification for any damage caused by the Customer, due to his/her negligent conduct or misconduct during the return procedure. The Seller cannot be held liable for (i) lost or stolen of Products beyond its control; (ii) returns to wrong address; (iii) delivery delay of returned Products. The Customer is responsible for providing proof of returns.
5.4 The Customer will manage the returns procedure bearing any cost and risk. The Customer can return the Products following two alternative option:
A) Express Courier The Products must be returned within 30 (thirty) days from the delivery date by Express Courier chosen by the Customer. The Products shall be returned to the Seller at the following address: LM EUROPE SA – c/o MULTISPED INT. SPEDITION GMBH Textil-Logistik-Zentrum, Güttinger Str. 35 - 78315 Radolfzell – Germania.
B) In store The Customer can return the Product at the “La Martina” stores listed on the Site. The Seller will refund the Price according to the payment method chosen for the purchase. The Seller will refund these amounts within 30 (thirty) days from receipt of the Product at the address of the Seller mentioned above.
6.1 The Products purchased on the Site are protected from the date of purchase by a 2 (two) years limited warranty. (the "Warranty"). Proof of purchase is required.
6.2 The Warranty covers defects of the Products, including the non-conformity, in compliance with the principles provided by existing Community Directives, in particular the European Directive 1999/44. The Warranty will be fully valid and effective if: a) the defect occurs within two (2) years from the delivery date; b) the Customer informs the Seller within 2 (two) months from the date when the defect was detected.
6.3 In case of defects the Customer has the right to have the Product brought into conformity, through repair or replacement. If the Product repair or replacement is impossible the Seller will refund the price of the Product. The Customer is not authorized to entrust the repair to third parties. The Warranty does NOT cover damage arising from: - services or repairs performed by unauthorized party; - any alteration; - any accident or misuse; - external cause; (i.e. humidity, liquid contact, etc.); - failure to follow safety warning, precautions or instructions provided with the Product; - negligence in use of the Product;
6.4 All information, product descriptions, pictures, videos, technical specifications, reports on the Site are subject to error reserve and is not an indication of product characteristics. The Warranty will not cover potential discrepancy.
6.5 In order to exercise the right of warranty properly, the Customer have to contact the Customer Service by showing the original purchase invoice.
7.1 The seller collects, stores and processes the Customer’s Personal Data in strictly compliance with Swiss and European Privacy law.
8. Intellectual Property
8.1 The trademarks, logos, images, trade names, illustrations and any other Site contents displayed on the Site (the "Trademarks") are exclusive property of the Seller (or third party) and may not be used unless expressly authorized by the owner. Nothing contained on the Site should be construed as granting any license or right of use.
8.2 The Customer may not reproduce, publish, distribute, display, modify, in any way the Trademarks and any other content of the Site . The customer is authorized to download, display and print Site contents to perform the purchase procedure only.
9.1 Using certain features and services on the Site may require creating an Account and submitting personal information. ( hereinafter “Account”).
9.3 The Customer agrees to provide true, accurate, current, complete and up to date information, keeping confidential any access code. The Seller is not under any obligation to verify the actual identity or authority of any person using the Customer’s Account. The Customer accepts all responsibility for any and all information and all activities that occur under his/her Account.
9.4 The Seller reserves the right to suspend or terminate any Account and to restrict the access to the Site if against the Terms and Conditions or applicable laws.
9.5 Access to the site is temporary. The Customer is responsible for the organization of every technical aspect useful and necessary for the web surfing and the access to the Site.
10. Rules of Conduct While accessing or using the Site the Customer shall NOT:
• violate any law, rule or regulation;
• violate the security of the Site;
• impersonate any person or entity;
• alter, edit, delete, remove, any of the Site Content;
• use the Site or Site content in any manner that could interrupt, damage, disable, the Site;
• use the Sites or Site Content for any purpose that is prohibited by any applicable law;
11. Contact Us The Customer may contact the Seller about questions or comments by:
- Contact form
12. Limitation of Liability
12.1 Excluding cases of willful behavior or gross negligence the Seller cannot be held liable to the Customer for damage caused to him/her, direct or indirect, arising from the purchase of Products.
12.2 The Site shall be used for private and domestic use only. The Customer undertakes to not use the Site and/or the Products for any commercial or resale purposes.
13 Pricing and Products
13.1 Due to the handmade nature and raw materials used in the manufacturing of the Products the pictures displayed on the Site may differ from the real Products features. Differences guarantee uniqueness and prestige of the Product. For this reason, the Customer will not have right to claim or contest the quality and conformity of the Product.
13.2 The Seller made every effort to display as accurately as possible the colors and features of the Products on the Site, however the pictures on the Site are approximate and they could differ from actual Products features. Technical specifications, and display settings of each electronic device may affect the performance of the Products.
13.3 The Seller acts to correct the errors, inaccuracies and /or omissions by updating and modifying the content of the Site. The Seller cannot be held responsible if information made available on the Site is not accurate, complete or current. The Seller undertakes to monitor any changes to the Site.
13.4 Prices and availability of products and services are subject to change at any time. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.
14. Force Majeure
14.1 The Site and Services may be suspended by the Seller in the event of unforeseeable circumstances or force majeure preventing or delaying its performance.
14.2 The Seller will inform the Customer if unforeseeable circumstances or force majeure occur.
15. Governing Law
15.1 The Terms, the relationship between the Customer and any order or otherwise in connection with these Terms shall be governed by the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods will not be applied.
15.2 The Court of Lugano - Switzerland shall have exclusive jurisdiction.
15.3 In case the Customer is a “consumer” the governing law and competent jurisdiction is that of the Customer’s place of residence or domicile.
15.4 The Customer may settle the dispute arising from distance selling, without prejudice to the right of access to judicial protection, by submitting a complaint via European platform for online dispute resolution (ODR) - http : //ec.europa.eu/consumers/odr - in compliance with the provisions of Regulation (EU ) No . 524/2013
16. Terms The Seller reserves the right to change the Terms from time to time. The up-to-date version will be periodically published on the Site. Last updated 1 August 2016.