Terms of sale
1. OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
1.1 By “online” contract we mean the distance contract having as its object the purchase of goods and/or services stipulated between LODAR SRL, with registered office in Via Casalino, 18 - 24121 Bergamo (BG) hereinafter referred to as , registered in the Bergamo business register PI 02834070167, and a consumer customer or a professional customer, within the scope of a distance selling system organised by the Supplier who, for this contract, uses exclusively Internet technology. All contracts, therefore, will be concluded directly through access by the customer to the website corresponding to the address longogroup.eu
1.2 By consumer customer, hereinafter referred to as , we mean only the natural person who concludes the contract for purposes not related to any entrepreneurial or professional activity carried out.
1.3 By professional client, hereinafter referred to as , we mean the subject, natural person, public or private legal person, unrecognised collective body with autonomous legal personality, who in concluding the contract acts within the framework of his/her professional or entrepreneurial activity.
1.4 By , we simply mean the buyer in the general sense, whether a Consumer or a Professional.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CUSTOMER OBLIGATIONS
2.1. The contract stipulated between the Supplier and the Customer must be considered concluded with the acceptance, even partial, of the order by the Supplier. Such acceptance is considered tacit, unless otherwise communicated in any form to the Customer.
The latter, by placing an order in the various ways provided, declares that he has read all the information provided to him during the purchase procedure and, consequently, that he fully accepts the general and payment conditions transcribed below.
2.2 It is strictly forbidden to enter false and/or invented personal data in the data collection forms, necessary for the completion of the order. It is also forbidden to enter data of third parties or to make multiple registrations relating to a single Customer. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all Customers.
2.3 If the customer is a Consumer, once the online purchase procedure has been completed, he/she will print or save an electronic copy and, in any case, keep these general conditions of sale in compliance with the provisions of articles 3 and 4 of Legislative Decree 185/1999 on distance selling. The forwarding of the order confirmation, therefore, implies full knowledge of the same and their full acceptance.
2.4 The Customer is excluded from any right to request compensation for damages or indemnity from the Supplier, as well as to attribute to the same any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.
3. SALES PRICES AND PURCHASE METHODS
3.1 All sales prices of the products present and indicated on the longogroup.eu website, which constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, include VAT. To which shipping and packaging costs must be added. These prices may vary at any time without the Supplier being required to give any prior notice; in any case, once the product has been ordered, it will not undergo any price variation. The cost of transport, both national and international, duly highlighted on the appropriate page on the website that the Customer will take care to view before confirming the purchase, is entirely at the Customer's expense. In the event of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the country of destination will also be borne by the Customer.
3.2 The Customer may purchase only the products present in the catalogue at the time of placing the order and viewable online at longogroup.eu, as described in the relevant information sheets. It is understood that the image accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics.
4. PAYMENT METHODS
4.1 Credit card: through this form of payment, at the same time as the conclusion of the online transaction, all financial information (card number, expiration date, etc.) will be automatically forwarded, via encrypted protocol, to the relevant Banking Institution which will debit the payment of the amount relating to the purchase made from the Customer's current account.
4.2 In the event of cancellation of the order, either by the Customer, as described in the following article 8, or by the Supplier, in the event of non-acceptance of the order itself, the cancellation of the transaction will be requested. Once the transaction cancellation operation has been carried out, in no case can the Supplier be held responsible for any damages, direct or indirect, caused by the delay of the operation itself.
4.3 The Supplier reserves the right to request the Customer to send a copy of identity documents proving ownership of the credit card used for payment. In the absence of the requested documentation, the Supplier may not accept the order and, therefore, not conclude the contract.
4.4 At no time during the purchase procedure is the Supplier able to know the information relating to the buyer's credit card, transmitted via a protected connection directly to the site of the Bank that manages the transaction. No computer archive of the Supplier will store such data. In no case, therefore, can the Supplier be held responsible for any fraudulent or illicit use of credit cards by third parties, at the time of payment for purchased products.
5. SHIPPING AND DELIVERY METHODS
5.1 Shipping and delivery
The Supplier will deliver to the Customers, at the address specified at the time of the order, the products selected and ordered, with the methods set out in this article, by Poste Italiane, or trusted couriers and/or forwarders. The contract is concluded with the delivery of the goods by the Supplier to the courier. For this reason, the Supplier will not be liable in the event of failed or delayed delivery or total or partial damage to the goods themselves. Only the courier who carried out the shipment will be liable.
5.2 Upon delivery of the goods by the Courier, the Customer is required to check: that the quantity of goods ordered corresponds to that indicated in the transport document; that the packaging is intact, not damaged, not wet or, in any case, altered even in the sealing materials. Any damage must be immediately contested to the courier who makes the delivery. Once the courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of the goods delivered.
5.3 Delivery times
The Courier undertakes to deliver the goods within three days of shipment, in Italian territory; while, for shipments made abroad, the times are differentiated in relation to the distance. If the shipment is made by another courier, the delivery times will never exceed those foreseen by art. 6 of Legislative Decree 185/99 (30 days from the date of the order and/or from receipt of payment if available in stock). The aforementioned delivery terms refer to the products present in the warehouse at the time of the order.
5.4 Delivery delays
Any delays in the delivery of the goods cannot be attributed or attributable to the Supplier. Nor, in any way, can the Supplier be responsible for damages caused by Poste Italiane or by another Courier, in relation to the delayed delivery of the goods, to the customer or to third parties, the contract being understood to be perfected with the delivery of the goods to the courier.
5.5 Failure to deliver
If the Courier does not find anyone at the specified address when delivering the goods, they will store the goods in the warehouse indicated on the card that will be left on site. After ten days of storage, the goods will be sent back to the Supplier and the Customer will not be able to assert any rights. All direct and indirect costs will be entirely borne by the Customer. The Supplier will retain the payment for the goods as a penalty, in addition to any additional damages suffered. If the Customer requests the Supplier to have back the products ordered and paid for, which were not delivered, he must make an immediate request to the Supplier company by email to the address info@longogroup.eu .
You will be responsible for all costs, in addition to any additional damage suffered by the Supplier.
5.6 Delivery and packaging costs
They are the responsibility of the Customer and are clearly stated separately from the price of the goods or services, when placing the order, as already provided for in the aforementioned art.3.
5.7 Invoice
For each order placed on longogroup.eu, the Supplier issues an accompanying invoice that lists all the items shipped and that is placed in a sealed envelope and sent together with the goods. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid.
5.8 Any discrepancy between the goods ordered and those delivered must be promptly communicated to the Supplier.
5.9 EXTRA-EEC Shipments
The recipient of an international shipment may be subject to import duties and taxes, which are collected once a shipment reaches your country. Typically, additional charges for customs clearance must be paid by the recipient. We have no control over these additional charges and cannot predict their amount.
Customs policies vary considerably from country to country. We therefore invite you to contact your local customs office for further information. Orders from outside the EU will not be eligible for refunds due to customs issues.
6. PRODUCT AVAILABILITY
6.1 The Customer may purchase only the products indicated in the electronic catalogue prepared and in the quantities existing in real time in the warehouse.
6.2 If the goods are not available in stock in the quantities desired by the Customer, the latter may contact the Supplier by email to receive all the necessary information on the product and the expected time for its procurement.
7. RESPONSIBILITY
7.1 The Supplier assumes no responsibility for any disruptions attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, the execution of the contract within the times and methods agreed upon.
7.2 Furthermore, it will not be liable to anyone for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, the Customer being only entitled to the refund of the price paid by the Forwarder, who is solely responsible.
8. RIGHT OF WITHDRAWAL
8.1 Pursuant to art. 5 DL 185/1999, if the customer is a Consumer, he/she has the right to withdraw from the purchase contract for any reason, without having to provide explanations and without any penalty, except as indicated in this article. It is specified that this right is reserved exclusively to natural persons, to those consumer customers who, as defined in article 1, purchase the goods for purposes not related to and unrelated to their professional activity.
The right of withdrawal is not provided for professional customers, natural or legal persons, who act in reference to the purchase contract in a professional context. To exercise this right, the Consumer must express to the Supplier the will to withdraw, within 14 days from the date of receipt of the goods in the case of goods, or from the day of conclusion of the online contract for services. This communication must be sent by registered letter with acknowledgement of receipt, addressed to LODAR SRL, with registered office Via Casalino, 18 - 24121 Bergamo (BG) within the aforementioned period of 14 days and followed by a confirmation by registered letter with acknowledgement of receipt, sent within the following 48 hours. Once the aforementioned withdrawal communication has been received, the Supplier will promptly communicate to the Consumer the instructions on how to return the goods intact and in their original packaging, which must take place within the following 48 hours.
8.2 In any case, the right of withdrawal is, in any case, subject to the following conditions:
– this right applies to the product purchased in its entirety, it is not possible to exercise the right of withdrawal on only part of the product purchased;
– the purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment), without any missing parts.
– this right does not apply to products made to measure or clearly personalized.
8.3 The shipping costs related to the return of the goods are entirely borne by the Consumer. The goods, until the certificate of receipt in the Supplier's warehouse, are under the complete responsibility of the Consumer.
In any case, the Supplier is not liable in any way for damage or theft/loss of goods returned with uninsured shipments.
8.4 In the event of withdrawal, the Supplier will refund the Consumer the entire amount already paid, within 14 days from the date of receipt of the goods and, in any case, no later than 30 days from the Consumer's communication. The Consumer will be responsible for promptly providing the bank details on which to obtain the refund (ABI Code - CAB - Current Account - CIN code of the invoice holder).
8.5 The right of withdrawal lapses entirely, due to the lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains: the lack of the external packaging and/or the original internal packaging; the absence of integral elements of the product; damage to the product for reasons other than its transport. In the event of lapse of the right of withdrawal, the Supplier will return the purchased goods to the sender Consumer, charging the latter the shipping costs.
9. CORPORATE PURCHASES
9.1 The Supplier also supplies the products in the catalogue to retailers, natural persons, public or private legal persons, unrecognised collective bodies with autonomous legal personality, who in concluding the contract act within the framework of their professional or entrepreneurial activity.
9.2 In the case of particularly important orders, the Professional can contact the supplier company directly via email info@longogroup.eu
10. WARRANTIES
10.1 All products sold by the Supplier are covered by the official manufacturer's warranty: minimum validity 24 months for the Consumer (natural person who purchases the goods for purposes not related to his/her professional activity); 12 months for purchases made by private or public companies or by natural persons for professional purposes and, in any case, by VAT holders, as provided for in Article 1. Where a warranty lasting more than 12 months is specified, the duration indicated will be valid. To benefit from the aforementioned warranty, the Customer must keep the accompanying invoice that he/she will receive upon delivery.
10.2. The guarantee applies to products that present defects of conformity and/or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence and that is in compliance with its intended use and with what is provided in any attached documentation.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 The Supplier has the right to terminate the contract stipulated by simply giving notice to the Customer with adequate and justified reasons; in this case the Customer will be entitled, exclusively, to the refund of any sum already paid. The Customer has the right to cancel the contract within 24 hours of the order, giving timely notice to customer service via email at info@longogroup.eu
11.2 The obligations undertaken by the Customer with this contract are of an essential nature so that, by express agreement, the failure by the Customer to fulfil even one of said obligations will determine the automatic termination of the contract pursuant to art. 1456 of the Civil Code, without prejudice to the right of the Supplier to take legal action for compensation for further damages suffered.
12. COMPETENT COURT
12.1 The sales contract between the Customer and the Supplier is deemed to be concluded in Italy and governed by Italian law.
12.2 For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Court in whose district the Consumer has his domicile, if located in the territory of the Italian State. For Professional customers, it is agreed that any dispute will be of exclusive jurisdiction of the Court of Bergamo.
13. PROVISION AND PROCESSING OF PERSONAL DATA
The personal data requested during the order process are collected and processed in order to satisfy the express requests of the Customer and will not be disclosed to third parties under any circumstances or for any reason. The Supplier guarantees its Customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree 196 of 30.06.03.
The general conditions of sale set forth above may be modified or updated at any time by the Supplier. Such changes are effective from the moment they are published on the website longogroup.eu and, consequently, will refer to sales subsequent to the modification itself.
14. SUSPENSION OF SERVICE
longogroup.eu reserves the right to temporarily suspend, without prior notice, the provision of the Services for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the Services. longogroup.eu may, at any time, interrupt the provision of the Service if there are justified reasons of security or violations of confidentiality.
I declare that I am of legal age and that I take full responsibility for any type of purchase made on the longogroup.eu website