Terms and Conditions
The products being sold at www.lamartina.com (hereinafter referred to as the “Website”) are sold and invoiced by FiloBlu Spa, whose registered office is at Via Caltana, 116/C – 30030 Santa Maria di Sala (VE) - Italy, registered with the Venice Rovigo Delta Lagunare Chamber of Commerce (Camera di Commercio, Industria, Artigianato e Agricoltura, C.C.I.A.A.) under Economic and Administrative Index No. 354686 in the Company Register, Italian Fiscal Code and VAT no. 04274870288.
FiloBlu's Customer Care department is available for all enquiries regarding orders, deliveries and, more generally, purchases:
Telefono: +39 041 9690712
Opening hours: 8.30 -13 14.30 18 (CET) From Monday to Friday
GENERAL CONDITIONS OF SALE
- Acceptance of the General Conditions of Sale and conclusion of the contract
1.1 The contract stipulated between FiloBlu Spa (hereinafter referred to as "FiloBlu") and the Client (that is the party or individual who makes the purchase on the Website, not attributable to their commercial, business or professional activity) shall be concluded with the acceptance, including partial acceptance, of the order by FiloBlu. Should the order not be accepted, FiloBlu shall in any case provide prompt notification to the Client.
1.2 By placing an order through one of the available methods, according to the order form on the Website (hereinafter referred to as the "Order"), the Client confirms having read all the information provided during the purchase process and confirms full acceptance of these General Conditions (hereinafter referred to as the "Conditions").
1.3 These Conditions may be printed or saved on a durable medium, in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003 and Article 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.
1.4 FiloBlu 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. FiloBlu 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.
- Purchase method
2.1 The only products offered for sale by FiloBlu are those shown on FiloBlu's website at the time of placing the Order, as they are described on the relevant information pages.
2.2 However, it shall be understood that the images accompanying the information regarding a product are shown for information purposes only and may not be wholly representative of the product's features, possibly differing, for example, in colour and size (in some cases due to the browser and screen used to access the Website and view the images).
2.3 To place an Order, the Client must fully complete the relevant form on the Website and send the same after carefully reading the Conditions as well as the features of the product and/or products that the Client intends to purchase. The Client shall also ask FiloBlu, if desired, to send a tax invoice for the purchase, pursuant to Article 22 of Italian Presidential Decree no. 633/1972.
2.4 Correct receipt of the Order shall be confirmed by FiloBlu by means of a reply via email sent to the email address indicated by the Client. Said confirmation message shall include a summary of the purchase conditions, in accordance with applicable regulations, as well as the details provided by the Client on the Order, so that the Client may check said details and communicate any necessary corrections without delay.
- 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 FiloBlu.
Under no circumstances and at no stage of the transaction shall FiloBlu 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 FiloBlu and therefore under no circumstances shall FiloBlu be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
(iii) Bank Transfer (only for european countires)
In case of purchase with bank transfer, the Client can find the bank coordinate. The goods will be shipped only after the actual receiving of the 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 24-48 hours from FiloBlu having accepted the Order, at the cost specifically indicated on the Website before placing the Order. FiloBlu 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 FiloBlu 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).
NOTE: It is not possible to request a change or a refund of a customized product, unless the goods are not defective or not in compliance with the order placed (Article 5 paragraph 3 letter c of Legislative Decree No. 185 of 22/05 / 1999).
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 FiloBlu within the time limits indicated to the following email address email@example.com or by means of the form provided for that purpose on the Website.
Registered users can access the "Return" section of their user dashboard and manage return requests.
Unregistered users must complete the form at one of the following addresses:
CZECH REPUBLIC: https://www.lamartina.com/cz/guest/order/
UNITED ARAB EMIRATES: https://www.lamartina.com/ae_en/guest/order/
REST OF THE WORLD: https://www.lamartina.com/row_en/guest/order/
ROW EU: https://www.lamartina.com/mnb_en/guest/order/
5.3 In the event of cancellation, the Client shall return the products to FiloBlu at the Client's expense within 14 (fourteen) days of said cancellation:
For all packages sent from the European Union the shipping address is:
LM EUROPE SA – c/o MULTISPED INT. SPEDITION GMBH Textil-Logistik-Zentrum, Güttinger Str. 35 - 78315 Radolfzell – Germania.
For all packages sent from countries outside the European Union, which pass through customs, the shipping address is:
LM EUROPE SA – c/o MULTISPED INT. SPEDITION GMBH Textil-Logistik-Zentrum, Güttinger Str. 35 - 78315 Radolfzell – Germania.
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 La Martina is given, liability for transport shall be borne solely by the Client;
- should the goods be damaged in transit, FiloBlu 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;
- La Martina 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.
5.4 FiloBlu 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. FiloBlu 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 FiloBlu 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, FiloBlu 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 FiloBlu 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 FiloBlu, 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, FiloBlu 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 FiloBlu may be contacted with reference to any complaints or requests for information: FiloBlu Spa via Caltana 116/c 30030 Caselle di Santa Maria di Sala (VE), Tel: +39 041 9690712 email: firstname.lastname@example.org
8.1 Personal details collected when the Order is placed shall be used by FiloBlu solely for the purpose of fulfilling the express requests of the Client, in accordance with 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.
- 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.
Art. 10 – Copyright
Trademarks, logos and other distinguishing signs on the site belong to their respective owners. The use of trade marks, logos and other distinguishing signs, including reproduction on other websites by unauthorized third parties, is forbidden. The contents of the Site are protected by copyright (text, images and graphics).
Art. 11 – Agreement
The contract supersedes all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, along with the order, the general conditions relating to the use of the Site and the registration service. Any change or modification to the contract must be accepted in writing by both parties.
Art. 12 – Communications
All communications between the parties shall be made in writing and sent to the address of the other party as specified in the contract and the order. Communications sent to the other party’s email address, as specified on the Site and in the order, are also considered to be written communication.
Communications relating to the validity or existence of this Agreement shall be exclusively delivered by hand or sent by recorded delivery.
Art. 13 – Languages
The sales agreement is presented in five languages: EN, IT, FR, DE, ES. In case of discrepancies in the translation, the Italian language version shall prevail.
LM Europe SA and FILOBLU S.p.A.
LM Europe SA (hereinafter “LM”) and FiloBlu S.p.A. (hereinafter “FiloBlu”), are concerned about protecting your personal data and respecting your privacy.
Here is how we do it:
Our duty and your privacy:
This information concerns you if you are already a customer of ours, if you are registered on our site, if you have signed up to our newsletter, or if you are visiting our website.
TABLE OF CONTENTS:
- About us
- Our responsibility
- Your commitment
- When and how we collect your personal data
- The kind of data we collect
- What we collect your data for
- Use of the site and management of services
- Customer support
- What we mean by legal basis
- How we process your data
- Your choices and rights
- Where your data is kept
- How long we keep your data for
- Third parties who may process your data
As regards the management of your data concerned with registering with the site and the sale of products, the data controllers are LM Tax ID Code/VAT No. CHE-255.864.181, with registered offices in in Via Livio, 1 - 6830 Chiasso - Svizzera, and FiloBlu, Tax ID Code and Vat No. 04274870288 with registered offices in Santa Maria di Sala (Ve) Via Caltana 116/c - Italy, which jointly handle your data on the basis of specific agreements about whose essential contents we will gladly provide you with more information, should you require it.
As regards the management of your data regarding promotional and marketing activities, the data controller is LM which avails itself of Filoblu as the processor of these operations.
If you are already a customer, you are registered with or are simply visiting the www.lamartina.com site, or you have signed up to our newsletter, we inform you that your data will be legitimately processed according to our decisions regarding the procedures and aims of that processing.
We would only ask you to read this policy carefully in order to be fully informed about how we process your personal data.
When and how we collect your personal data:
As soon as you begin to interact with www.lamartina.com, we start to collect your data. It may be collected through a specific communication from you and also automatically during your use of the website.
This is how it is collected:
DATA YOU PROVIDE US WITH
DATA WE COLLECT AUTOMATICALLY
Your identification data (first name, surname, date of birth, address and email)
Browsing the website
Your telephone number
X (only if provided by you spontaneously)
Use of www.lamartina.com
Conclusion of purchase orders
X (only the order number)
Marketing communications (newsletter, etc.)
X (only following your explicit consent)
The kind of data we collect:
Your first name and surname, delivery and billing address, telephone number, email address;
Your IP address, your login data, browser type and version, time zone setting, plug-in types, geopositioning information regarding your probable position, operating system and related versions, etc.
Data relating to the use of www.lamartina.com
Your browsing path through the website www.lamartina.com (Clickstream analysis), your displaying of products and services, load times and page responsiveness, download errors, browsing time, behaviour and other actions, etc.
And what about sensitive data?
We do not collect any sensitive data that could concern you (i.e. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or sex life or sexual orientation).
What we collect your data for
We process your data only for specific purposes and, nevertheless, always when there is a legal basis that will enable us to do so. Here is why we process your data:
Use of the site and management of services:
Your data is processed to allow registration on the Website, access to and supply of the services reserved to users registered on the Website and sending via the Website of a purchase order for the products available on the Website, with the consequent conclusion of the related contract of sale with FiloBlu, including any administrative and accounting formalities. In this case, the legal basis is the contract and the legitimate interest.
Communicating changes to our services, customer support via live chat, phone or email, including the correction of any bugs. In this case, the legal basis is the contract.
Your data is processed in order to send advertising material and newsletters, to provide commercial information by telephone, SMS, email, and also using traditional methods (e.g. sending catalogues by post), about promotional and sales initiatives of LM, to conduct market research and surveys on customer satisfaction. In this case, the legal basis is your consent.
With the sole aim of offering things, as far as possible, in line with your interests, we will perform certain analyses on aggregate data but without conducting any profiling on your specific habits. In this case, the legal basis is legitimate interest.
In any case there is absolutely no automatic decision-making process concerning you.
What we mean by legal basis:
This is the authorisation to process your personal data for a specific purpose.
You can change your mind whenever you like!
You can withdraw your consent at any time, by sending us an email to the following address: email@example.com, or by clicking on the opt-out key.
If you decide to withdraw your consent and there are no other reasons that authorise us to process your personal data, we will stop processing it. Conversely, if another legal basis were to authorise us, we would continue to process your data, still in compliance with your rights.
Processing your data is essential for gathering information prior to a purchase and for the performance of the relevant contract.
The processing of your data is possible on the basis of our legitimate interests or those of third parties, provided that these do not predominate over your rights and your freedoms. Legitimate interests may concern:
- gathering information from the way you behave on our website and/or applications;
- delivering, developing and improving our services;
- allowing us to improve, customise or modify our services and offerings;
- checking on the effectiveness of our marketing campaigns;
- improving data protection.
How we process your data:
Data is processed mainly using electronic means, with the exception of product shipping operations which may also be performed using manual procedures.
Your choices and rights:
You can decide not to provide us with your data
In this case, you can continue to browse our website, but we will not be able to provide you with any services without your personal data.
You can disable cookies by changing your browser settings
You can ask us not to use your data for marketing purposes
Before starting to process your data, we will inform you about our intention (if any) to use your data for marketing purposes, and (where appropriate) of the involvement of any third parties. You can withdraw your consent to receiving promotional messages by clicking on the appropriate link you will find in all our communications or by sending an email to the following address: firstname.lastname@example.org
You can always exercise your rights by sending us an email to the following address: email@example.com
You have the right to access the information about you
This includes the right to ask us for further information about:
- the categories of data we process;
- the purposes of the processing;
- the categories of any recipients who may be provided with your data;
- the period that the data will be stored, or if that is not possible, the criteria used to determine that period;
- the other rights regarding the use of your data.
We will provide you with the information within one month of receiving your request, unless this adversely affects the rights and freedoms of other parties (e.g. the confidentiality of another person or intellectual property) or if there are legal obligations that prevent us from doing so. We will inform you if we are unable to meet your request for these reasons.
You have the right to have your personal data rectified if it is inaccurate or not up to date
You have the right to have your personal data erased (right to be forgotten)
You can ask us at any time to erase your personal data in our possession, if the storage of your personal data is no longer required for processing purposes.
You have the right to transmit your data to another operator (data portability)
We will provide you with a copy of your data in an appropriate usable format, if you wish to transfer it to another operator. If you request it and it is technically feasible, we will directly transfer your data to the new operator. We will not make any transfer, in the event that the portability of your data also involves the disclosure of personal data to other individuals.
You have the right to object to us processing your personal data
You can at any time refer to the Supervisory Authorities to lodge any complaints you may have. But before doing that, try contacting us first! We will be pleased to resolve any issues regarding the processing of your personal data.
You have the right to object to the use of your data through automated decisions, including profiling
We might use your data to identify information that may potentially be relevant for you (for example, sending you customised e-mails based on your preferences that we have detected). Otherwise, we will use your information solely to provide you with our services.
We guarantee your rights even if we process your personal data on behalf of third parties
If we process your personal data on behalf of third parties, we guarantee that any requests made regarding the exercise of your rights will be provided to them without undue delay.
What level of security do we adopt in order to process your data?
We guarantee that your data is processed with the utmost security: we have, in fact, adopted physical, IT and organisational measures to ensure the protection of your data.
Nevertheless, we should remind you that:
- You provide us with your data at your own risk. We do everything within our power but, unfortunately, as the way things stand, there is no 100% secure means of data transmission.
- You need to keep your username and password safe at all times: you are the only one who knows them.
- If you feel that you have suffered a data breach, we would ask you to contact us immediately at firstname.lastname@example.org
Where is your data stored?
Your data is processed within the European Union and in the other data structures managed by the third parties identified below.
As soon as you provide us with your personal data, you consent to it being transferred, stored and processed by us.
If we needed to transfer and/or store your personal data outside the EU, you will be properly informed of this. Also in this event, we will adopt all the appropriate measures to ensure maximum data protection.
How long will we keep your data for?
We will stop active processing of your data within 12 months from the last use of the service or the closure of your account, unless there are legal obligations (e.g. sales invoices) that require us to keep your data for a longer period. As regards promotional activities targeted at you (which you may ask us to stop at any time), we will keep your data for a maximum of 24 months from the date you registered with the service.
Third parties who may process your data:
For further information, contact us at this address email@example.com
Pursuant to Provision no. 229 http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/3118884 issued by the Personal Data Protection Authority on May 8, 2014, www.lamartina.com provides the following information on cookies and on their functions, as well as instructions on how to disable them.
What are cookies?
Cookies are small text files that the sites visited by the user send and record on his/her PC or on any other device, even mobile, to be sent back to the original sites on the next visit.
Cookies are used for various purposes, for instance, to remember the user’s actions and preferences (such as, for instance, login data, selected language, font size, other display settings, etc.) so that they must not re-entered when the user returns to the same site or surfs from one of its pages to another; or to perform computer authentications, to monitor sessions and store information on the activities of user who access a site, and it can also contain a unique ID code that allows keeping track of the user’s surfing within the site for statistic or advertising purposes.
Cookies can be sent by www.lamartina.com or also by different sites (the so-called “third party” cookies). Some operations cannot be carried out without using cookies that in some cases are technically necessary for the site to work.
Types of cookies found on the site www.lamartina.com and relevant functions
There are various types of cookies, according to their characteristics and functions:
- Technical cookies, which are used for the sole purpose of sending a communication on an electronic communication network, or in the measure strictly necessary to provide a service explicitly requested by the user. In other words, these cookies are indispensable to make www.lamartina.com work, or necessary to perform activities that you have requested. This type of cookie can be found in our site;
- Navigation or session cookies, used to allow you to login in the reserved area of www.lamartina.com or to make a purchase on our site. This type of cookie can be found in our site;
- Analytics cookies, used to collect information, in an aggregate form, on the number of users of www.lamartina.com and of the displayed pages (for instance, Google AdWords, Google Analytics and Mailchimp). Please, refer to the relevant policies that can change from time to time and that we recommend consulting every now and then, where you will find more detailed information:
This type of cookie can be found in our site:
- Function cookies, which allow you to surf www.lamartina.com at your best, according to already selected criteria and options (such as, for instance, your preferred language) so that you won’t have to select such option or the products you have chosen at every access, and they can be stored in the virtual trolley until your next visit to our site. This type of cookie can be found in our site;
- cookies of third parties, used by partners of www.lamartina.com in order to display advertising banners of www.lamartina.com when you are on other sites, showing you the latest products that you have looked at on www.lamartina.com.While you browse on www.lamartina.com, these cookies are used also to show you products that you might like or similar to those you have previously browsed, based on your previous navigation chronology. The use of these cookies does not imply personal data treatment, but it can enable your computer or other devices to connect and track down saved data: these cookies connect to the browser installed on your computer or on other devices used while browsing on www.lamartina.com;
- profiling cookies, used to create user profiles in order to send advertising messages consistent with the preferences shown by the user during his/her navigation. Our site contains third party cookies that access user data only at aggregate level. Please, find here below the links to the privacy policies and relevant consent forms of such third parties, which can change from time to time and that we recommend consulting every now and then, where you will find more detailed information:
All the above-described types of cookies can stay in your computer or mobile device for different times, according to their function.
The cookies stored in your computer or mobile device cannot be used to recall any of the data stored in your hard disk, transmit viruses, identify and use your e-mail address, or for purposes other than those described above.
How to modify cookie settings
You can set and manage your cookie preferences at any time, by selecting which cookies you want to authorize, block or cancel, totally or partially, through the settings of your browser (or the navigation program that you use).
Find here below the path to follow to manage the cookies from the following browsers:
Internet Explorer: https://support.microsoft.com/en-gb/help/278835/how-to-delete-cookie-files-in-internet-explorer
For more information and details on the various types of cookies, their functions and characteristics, visit the free access sites, independent from www.lamartina.com - www.AllAboutCookies.org and www.youronlinechoices.com.
To disable analytics cookies and prevent Google Analytics from collecting data on your navigation you can download the browser additional Component for disabling Google Analytics: tools.google.com/dlpage/gaoptout.
We will store your cookie preferences thanks to a dedicated technical cookie with the characteristics specified in the previous table.
We inform you that blocking or cancel, totally or partially:
- technical cookies, could make it impossible to use our site, see its contents and use the relevant services;
- function cookies, could make some services or site functions unavailable or working incorrectly, forcing you to modify or manually enter some information or preferences every time you visit the site.
- of other cookies (analytics and profiling), will not affect the site efficiency.
How can I block cookies?
Thank you for reading this policy which we have tried to keep as simple, clear and transparent as possible. All the same, we are always trying to improve, so if you have any suggestions to make, please write to us at firstname.lastname@example.org
This policy may change in the future: you will be notified of any changes via email, so that you can have the fullest possible control over your data.