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Terms and Conditions
Preamble
The offer of this online shop is presented by LEMANI SRL in accordance with current regulations on e-commerce and distance contracts.
LEMANI SRL is an authorised official reseller of all Brands present on the site.
Company details:
LEMANI SRL
VIA MURANO, 8
88100 Catanzaro
VAT No. 03827290796
Tel: +39.0961.33794
E-mail: [email protected]
The Customer declares to have reviewed all the aforementioned information and general conditions of sale before placing an order.
General Conditions of Sale
These general conditions govern the methods of sale of the products marketed by Lemanicasa (the "Products").
All contracts for the sale of Products by LEMANI SRL to third parties (the "Customers") are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the Products themselves. The sales conditions applicable to orders are those in force on the date the order is placed.
1. Products: Prices and Features
1.1 Unless otherwise indicated, the prices of Products published on the site by LEMANI SRL are expressed in Euros and are inclusive of VAT. Shipping costs are excluded.
Shipments outside the European Union (extra-EU) are furthermore net of any customs duties, which will be borne by the recipient and will be requested by the courier at the time of delivery.
The prices of Products published from time to time by LEMANI SRL on the site supersede all previous prices and are subject to the actual availability of the Products.
The technical and functional specifications relating to the Products, published by LEMANI SRL through its informational messages on the product description pages, are those communicated by the respective manufacturers. LEMANI SRL assumes no responsibility for the accuracy and completeness of such information.
Product images are indicative and non-binding.
Products are not provided on a trial basis. Although Lemani Casa operators may provide guidance on the characteristics of the Products, the Customer is responsible for the choice of Products ordered and for their suitability and compliance with their own needs as specified by each manufacturer.
2. Orders: Invoicing
Each product order transmitted to LEMANI SRL constitutes a contractual proposal by the Customer. The fulfilment of the order by LEMANI SRL is equivalent to confirmation and acceptance of the same.
The fiscal documentation relating to the Products ordered will be issued by LEMANI SRL at the time of shipment of the Products to the Customer.
The Customer must provide the exact details required for invoicing and specify the invoice delivery address.
3. Order Execution
The order will be executed within the timeframes specified on the Site.
Once confirmed, the order may only be cancelled within 24 hours; after this deadline, the Customer is obliged to pay. In accordance with applicable law, the Customer may nevertheless return the order within 14 days in accordance with our Return Policy (see clause 9).
In the event that LEMANI SRL is unable to fulfil the order (where this is due to unavailability of the Products ordered by the Customer), LEMANI SRL will inform the Customer as soon as possible of the expected delivery time for procuring the missing Product. If the Customer does not wish to wait for said period, which shall not in any case exceed 30 working days, LEMANI SRL will refund any amounts already paid by the Customer in connection with the unfulfilled order.
In the event of breakage, stock depletion or unavailability of the Product ordered, LEMANI SRL undertakes to inform the Customer as soon as possible and to specify a date for its availability.
The Customer will confirm by e-mail their choice of either waiting for the Product to become available or requesting a refund.
4. Order Acceptance
The contract will be concluded only at the moment of order confirmation by LEMANI SRL.
The Customer will receive an e-mail notification containing the order confirmation with all the constituent elements of the contract (products ordered, prices, delivery dates, shipping costs, etc.).
LEMANI SRL reserves the right not to confirm an order for any reason, in particular relating to an issue concerning the order received, a price error shown on the product page of the online shop, or product availability.
In such circumstances or similar situations, LEMANI SRL reserves the right to inform the Customer, who will then decide whether to maintain the order or cancel it and receive a full refund of the amount paid.
5. Delivery of Products
Products are delivered to the address indicated by the Customer.
Shipments will take place after payment confirmation has been received: for bank transfers, the date of credit to our bank account is taken as reference; for credit card payments, confirmation of the completed transaction from the payment network is required.
For our shipments we rely on qualified express courier services such as Bartolini, SDA, UPS or couriers specialised in the delivery of furniture and furnishings, to guarantee service quality and Product integrity.
Delivery Times
Deliveries within Italy are normally made within 3–4 working days.
The shipping deadline for an order containing items with different delivery times corresponds to the longest delivery time among the items in the order. Delivery delays of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim any compensation or indemnity of any kind. LEMANI SRL reserves the right to carry out, where it deems appropriate, the delivery of Products (including those relating to the same order) in multiple successive stages.
Delivery is considered completed from the moment the Product is handed over to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon receipt of the Product, will constitute proof of transport and handover of the goods.
Floor Delivery and Assembly
Deliveries are to be understood as ground floor only and collection of used items is not included.
Special delivery conditions and terms must be agreed in advance between the Customer and LEMANI SRL and accepted in writing by LEMANI SRL.
LEMANI SRL does not offer assembly services unless previously agreed in writing.
Most of our products are delivered pre-assembled: assembly is in most cases quite straightforward and consists of putting together already-finished parts.
It is important to note that:
Upon delivery, the Customer must verify the contents, conformity and condition of the Product(s). Therefore, upon delivery, LEMANI SRL recommends that the Customer check the condition of the Products received before signing the delivery notice, and in particular verify:
- that the number of parcels delivered corresponds to what is indicated in the shipping document attached to the shipment;
- that the packaging is intact, undamaged, not wet or otherwise altered, and that the integrity of the contents is verified.
Should the Customer identify any anomalies, they are required to refuse delivery of the products or to put their reservations in writing in a detailed, dated document. If the courier document is signed without adding any "reservation", the Customer will not be able to raise any dispute regarding the external characteristics of the goods delivered. Any issues relating to the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
LEMANI SRL reserves the right, at its sole discretion, to deliver the Products ordered by means of a courier of its own choosing.
6. Missed Delivery and Incorrect Product
If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The Products must be collected at the address and in accordance with the instructions indicated by the carrier.
If the Products are not collected within the deadline set by the carrier, they will be returned to LEMANI SRL, which reserves the right to refund the price of the Products while leaving shipping costs to the Customer's charge.
In the event of an error regarding the Product, the Customer undertakes to return said Product or the affected Products to LEMANI SRL within 7 (seven) days of receipt, in sealed packaging, in their original condition and packaging and with the accompanying documents.
Once the Product has been received in proper form and condition, LEMANI SRL will resend, at its own expense, the Product originally ordered.
7. Force Majeure
The following cases are expressly considered as force majeure events, in addition to those normally recognised by applicable law:
- total or partial strikes, internal or external to the company
- blockage of means of transport or supply for any reason
- governmental or legal restrictions
- IT failures
- telecommunications disruptions including networks and in particular the internet.
In the event of force majeure, the execution of the order will be suspended, initially, by operation of law.
If, after a period of 3 (three) months, the parties find that the force majeure event persists, the order will be automatically cancelled, unless otherwise agreed by both parties.
8. Product Warranty – Technical Assistance
LEMANI SRL guarantees only the physical integrity of the Products at the time of delivery.
8.1 Any defects must be reported by the Customer, under penalty of forfeiture, within no more than 5 (five) days from the delivery date. The Customer will be entitled only to replacement of the damaged Products upon return of the same; any right of the Customer to compensation for damages, including additional damages, is excluded. Shipping costs required for the replacement of Products are borne by LEMANI SRL.
8.2 Without prejudice to the provisions of article 8.1 above, LEMANI SRL does not provide any warranty on the Products beyond that provided by the individual Manufacturers. Technical assistance and warranty interventions on the Products are carried out, where applicable, by the individual Manufacturers, according to the terms and conditions set out in the documentation accompanying the Products. In particular, LEMANI SRL provides no warranty regarding the compatibility of the Products with other products or equipment used by the Customer, nor does it provide any warranty regarding the suitability of the Products for the specific use intended by the Customer.
8.3 Save in cases of wilful misconduct or gross negligence by LEMANI SRL, it is hereby agreed that should LEMANI SRL's liability towards the Customer be established on any grounds — including the case of total or partial non-fulfilment of the obligations assumed by Lemani Casa Online Store towards the Customer in connection with the execution of an order — the liability of LEMANI SRL shall not exceed the price of the Products purchased by the Customer in relation to which the dispute arose.
9. Right of Withdrawal
9.1 Pursuant to Legislative Decree 206 of 2005, the Customer (where qualified as a "consumer" pursuant to art. 1 letter b) has the right to withdraw from the contract and return the Products ordered, without any penalty and without stating a reason, within 14 (fourteen) days of receipt of the Products.
9.2 The right of withdrawal referred to in article 9.1 above may be exercised by the Customer, without stating reasons, within 14 days. The withdrawal period expires 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, takes physical possession of the goods.
To exercise the right of withdrawal, the Customer must notify us by e-mail at: [email protected] of the decision to withdraw from this contract by means of an explicit statement.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
9.3 Effects of withdrawal
Upon withdrawal from the contract, the Customer will be reimbursed for all payments made to us, including delivery costs (with the exception of additional costs arising from the Customer's choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of the decision to withdraw from this contract.
Such refunds will be made using the same means of payment used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any charges as a result of such refund. The refund may be withheld until the goods have been received, or until the Customer has provided evidence of having returned the goods, whichever is earlier.
9.4 The goods subject to return must be sent back or delivered to us at the address
LEMANI SRL Via Progresso 21 – 88100 Catanzaro
without undue delay and in any case within 14 days from the day on which the Customer communicated their withdrawal from this contract. The deadline is met if the goods are returned before the 14-day period has expired.
The direct costs of returning the goods will be borne by the Customer.
9.5 The Customer is only responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. The returned item must be in a resaleable condition.
9.6 The right of withdrawal referred to in article 9.1 above may not be exercised by the Customer where the Products purchased were made to the Customer's specifications, are personalised, or may deteriorate or expire rapidly.
9.7 LEMANI SRL recommends that the Customer:
- check the condition of the Products delivered before signing the delivery notice, and in particular verify that the number of parcels delivered corresponds to what is indicated in the shipping document attached to the shipment
- verify that the packaging is intact, undamaged, not wet or otherwise altered
- check the integrity of the contents.
If any discrepancies are found, the Customer may refuse to accept the parcel by signing their refusal.
10. Payment
Payment of the agreed price is due at the time of ordering.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (product price and shipping costs) and, where necessary, to pay or arrange payment of VAT or other taxes relating to the import of the Products into the countries where delivery will take place, directly to the courier or carrier.
The Customer pays for the order:
- by credit card (NEXI Gateway)
- by instalment payment (KLARNA Gateway)
- via PayPal
- or by bank transfer in favour of LEMANI SRL.
If LEMANI SRL does not receive the bank transfer within 14 days following order confirmation, LEMANI SRL reserves the right to cancel the order. Bank details are provided at the time of ordering.
11. Non-Payment – Retention of Title
Products ordered remain the property of LEMANI SRL until full and final payment of their price has been made (pursuant to Articles 1523 et seq. of the Italian Civil Code). LEMANI SRL reserves the right to reclaim the Products ordered in the event of non-payment.
In this case and at the request of LEMANI SRL, the Customer undertakes to return any unpaid Product, at their own expense.
12. Complaints
Complaints regarding the non-conformity of the Product(s) delivered with the order must be submitted in writing directly to LEMANI SRL, immediately upon receipt of the goods.
We recommend that the Customer retain the original packaging and the delivery document.
13. Personal Data
The computer processing of data, including the management of users' e-mail addresses, is carried out in accordance with applicable law.
The personal data requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any applicable warranty agreements.
14. Entire Agreement
These general conditions of sale constitute the entirety of the parties' obligations.
No other general or specific conditions communicated by the Customer may be incorporated into or deviate from these general conditions.
15. Intellectual Property
LEMANI SRL holds the intellectual property rights of the Site and the right to distribute the elements contained in the online shop catalogue; accordingly, partial or total reproduction, on any type of medium, of the elements that make up the Site and the catalogue, their use as well as their transfer to third parties is strictly prohibited.
16. Invalidity
Should one or more provisions of these general conditions be considered invalid or declared as such by application of a law, regulation or following a final decision by a competent court, the remaining provisions shall retain their full force and effect.
17. Jurisdiction
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to any mandatory provisions of law protecting consumers (as defined pursuant to art. 1 letter b) of Legislative Decree 22 May 1999 no. 185), any dispute in any way connected to these General Conditions shall be subject to the exclusive jurisdiction of the Court of Catanzaro.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read, understood and specifically accepted the following clauses of the LEMANI SRL General Conditions of Sale: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
In accordance with the ODR Regulation for consumers, Consumer Customers resident in the European Union are hereby informed that the European Commission has established an online platform providing an alternative dispute resolution tool.
This tool may be used by European Consumers to resolve out-of-court any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. This platform may be used for the resolution of any dispute arising from a contract concluded online.
The platform is available at the following link: http://ec.europa.eu/consumers/odr/