GENERAL CONDITIONS OF SALE ON LINE
These conditions are valid exclusively between LHOOQ ITALIA
Sede legale VIA GIOVANNI CADOLINI, 13 -20137 MILANO unipersonale, hereinafter referred to as ” LHOOQ ” and any person who makes purchases online on the website www.lhooq.it hereinafter referred to as ” CUSTOMER ”. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the www.lhooq.it site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 concerning electronic commerce.
ARTICLE 1 – OBJECT OF THE CONTRACT
With these general sales conditions, LHOOQ sells and the CUSTOMER remotely buys the tangible movable property indicated and offered for sale on the site www.lhooq.it. The contract is concluded exclusively through the internet, through the CLIENT’s access to the address www.lhooq.it and the realization of a purchase order according to the procedure provided by the site itself.
Before proceeding to confirm their order, the customer undertakes to review these general sales conditions, in particular the pre-contractual information provided by LHOOQ and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – PRECONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual product data sheets at the time of the CUSTOMER’s choice.
Before validating the order with “payment obligation”, the CUSTOMER is informed about:
– total price of the goods including taxes, with details of shipping costs and any other costs;
– terms of payment;
– the deadline within which LHOOQ undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the goods purchased; – conditions of after-sales assistance and commercial guarantees provided by LHOOQ.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take cognizance of the information relating to LHOOQ, the geographical address, telephone and fax number, e-mail address, information that is reported, even below:
Sede legale VIA GIOVANNI CADOLINI, 13 -20137 MILANO
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by LHOOQ to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the email referred to above and to promptly notify LHOOQ of any corrections / changes to be made.
LHOOQ undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.lhooq.it do not constitute a contractual element, as they are to be considered only representative.
LHOOQ undertakes to deliver the goods within 30 days from the sending by LHOOQ of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – AVAILABILITY OF PRODUCTS
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
– the products could be sold to high CUSTOMERS before confirming the order, due to the simultaneous presence on the site of several users.
– an information anomaly could occur that would make a product available for purchase that in reality is not.
Also following the sending of the order confirmation e-mail sent by LHOOQ, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of repayment of any amounts paid.
ARTICLE 5 – PAYMENT METHODS
Any payment by the CUSTOMER can only be made using the credit cards indicated on the website www.lhooq.it, by bank transfer, with the Paypal payment method.
In case of payment by credit card, the actual charge of the order amount will take place only when the order is complete and ready for shipment.
In case of payment by Paypal, the actual charge will be made at the time of sending by LHOOQ of the order confirmation e-mail.
Payments can also be made with the use of the Gift Card and Loyalty Voucher offered, depending on the prize-giving category, on the order date to the CUSTOMER.
The communications relating to the payment and the data communicated by the CUSTOMER at the time this is carried out take place on special secure channels through the security protocols [https]. Credit card payment security is guaranteed by VBV certification (Verified by VISA) and SCM (Security Code Mastercard) to name just a few.
ARTICLE 6 – PRICES
All the selling prices of the products indicated on the website www.lhooq.it are expressed in Euros and include VAT, and where applicable, the WEEE contribution.
The shipping costs are not included in the purchase price, with the exception of shipments that will take place in the national territory, but are indicated and calculated at the end of the purchase process before the payment is made.
The CUSTOMER accepts the faculty of LHOOQ to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of order creation and indicated in the confirmation e-mail sent by LHOOQ to the CUSTOMER.
In the event of a computerized, manual, technical error, or of any other nature that could result in a substantial change, not foreseen by LHOOQ, of the sale price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products.
LHOOQ decides to extend the aforementioned term from 14 to 30 days, it will therefore be possible for the CUSTOMER to withdraw from the purchase contract up to 30 days. following the day of receipt of the products purchased online. In case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 30 days. starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify LHOOQ by explicit declaration, which may be sent by registered letter to the a.r. to the addresses given below, with the creation of a return procedure.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
Sede legale VIA GIOVANNI CADOLINI, 13 -20137 MILANO
With this I / we (*) notify / notify (*) the withdrawal from my / (*) sales contract of the following goods / services (*)
– Ordered on (*) / received on (*)
– Name of consumer (s)
– Address of the consumer (s)
– Signature of consumer (s) (only if this form is sent in paper form)
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to LHOOQ his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to LHOOQ ITALIA – Via Giovanni Cadolini,13 Milano (MI).
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any accessories). Without prejudice to the right to verify compliance with the above, LHOOQ will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, LHOOQ assures its customers the possibility of using a carrier that has an agreement with the same. In the event that the customer decides to use this service, the shipping costs (except those relating to the telephone booking) will be borne by LHOOQ (art. 56 co.1 legislative decree 206/2005). On the other hand, if the customer intends to use another carrier or other means of shipping, all shipping costs will be at his expense (art. 56 co. 2 legislative decree 206/2005).
The customer is also entitled to return the product purchased online at all LHOOQ Italia sales points. In this case, the creation of the online return procedure is not necessary and all costs relating to the return will be borne by the customer. Furthermore, in case of return to a sales point, the customer will not be able to use the contracted carrier.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, LHOOQ can suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates to have sent the goods back to LHOOQ.
LHOOQ will make the refund using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide LHOOQ, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the reimbursement, by LHOOQ .
In case of withdrawal for the purchase made with a gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code that will be sent to the CUSTOMER’s email address or in case of withdrawal exercised at a sales point, the amount will be returned with a purchase voucher delivered to the CUSTOMER.
The purchase voucher will be valid for 2 years and can be used by the CUSTOMER for subsequent purchases in a single payment.
* It is understood that in the event of a product defect the shipping costs will in any case be borne by LHOOQ.
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In case of receipt of defective products or in any case non-compliant with the orders placed, the CUSTOMER has the right to restore the product in accordance with the order without replacement, by replacing it. The CUSTOMER can exercise this right if the defect occurs within the 60 day period. from delivery of the goods and report the defect to LHOOQ within 15 days. from discovery. In order to exercise the aforementioned right, the customer must proceed with the creation of a return procedure. LHOOQ, in case of defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 9 – COMMERCIAL GUARANTEE
All the products presented on the website www.lhooq.it benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product data sheets of the articles. To use the warranty, the CUSTOMER must keep the result of the purchase order.
ARTICLE 10 – DELIVERY METHODS
For every order placed on the site www.lhooq.it, LHOOQ issues an invoice for the goods shipped. The invoice is available and printable, after the order is processed, in the “My orders” section. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 11 – RESPONSIBILITY
LHOOQ does not assume any responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 – ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of LHOOQ and are protected by intellectual property rights.
ARTICLE 13 – COOKIES
The www.lhooq.it website uses “cookies”. Cookies are electronic files that record information related to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow LHOOQ to offer a personalized service to its customers. LHOOQ informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 14 – INTEGRALITY
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulations or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law. Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of the CUSTOMER’s place of residence or domicile, if located in the territory of the State.
General sales conditions updated May 11, 2020