Terms of service

TERMS OF USE AND GENERAL TERMS AND CONDITIONS OF SALE

The Terms of Use and General Terms and Conditions of Sale set out below apply to the website https://www.orodolomiti.it/ operated by LOMA SRL, with registered office at Viale Dolomiti 54/Q, 32014 Ponte nelle Alpi, Belluno (Italy), e-mail: loma@orodolomiti.com, tel: +39 0437 37005. 

Access to and browsing of the Site imply acceptance of this document by Users/Customers. Anyone who does not intend to accept the contents of this document or any subsequent update thereof is invited to promptly stop browsing the Site.

The owner of the Site is: LOMA SRL

1. Website activity

The Site promotes, sells and distributes products distributed by the Owner under the "LOMA" brand. Users may access and browse the Site, register personal accounts, subscribe to newsletters and benefit from other activities managed by the Owner.

All trademarks, trade names, logos, images, product and service names used, published and promoted on the Site and all intellectual property (IP) content are the exclusive property of the Owner. All rights, title and interest relating to the Site and any of its content are also attributable to the Owner. All content on the Site is protected by intellectual property rights, including, for example, copyright, patents, trademarks and other international laws and treaties relating to intellectual property rights.

1. Online purchases

By accepting the contents of this document, Users declare that they are of legal age according to the laws of their country of residence. Only natural persons with legal capacity who make a purchase outside any commercial or professional activity may place an order for Products on the Site.

The execution of Orders is governed by this document. Customers are invited to carefully review the provisions below before completing an Order. The Owner may modify the contents of this document at any time, and the version of this document published on the Site at the time the Customer electronically submits the Order shall be the version applicable to that specific Order.

1. Orders

The Seller reserves the right to refuse an Order at its sole discretion. Furthermore, the Seller reserves the right, again at its sole discretion, to limit or cancel the quantities of Products purchased by each person or household, or to impose a limit per Order. Such limitations may include Orders placed by or with the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event of modification or cancellation of an order, the Owner will inform the User by contacting the e-mail address and/or billing address/telephone number provided at the time of the order. The Seller reserves the right not to accept Orders that appear to have been placed by traders or resellers.

1. Accuracy, completeness and timeliness of information

The Owner undertakes to ensure that all information on the Site is truthful and accurate. However, the Owner cannot assume any responsibility for the correctness, completeness, accuracy or timeliness of such information, including, for example, product and service descriptions, prices and/or indications regarding product availability on the Site. The Site may contain certain information that is not current and is published for reference purposes only.

The Site may include, use or display content created by third parties, information from public sources and/or links to other websites or web pages operated by third parties. The Owner cannot objectively control or monitor Third-Party Content and therefore assumes no responsibility for the accuracy, security or reliability of Third-Party Content, nor can it guarantee that such Third-Party Content is free from viruses or other features that could damage the User’s data and/or property.

1. Products and limitation of liability

All information on the Products published on the Site is for descriptive or promotional purposes only.

The appearance and colours displayed on the Site mainly depend on the settings of the User’s device; consequently, the Site cannot guarantee that the device will correctly display the colours of the images published on the Site.

The Owner cannot assume any responsibility for the fact that the Products displayed on the Site may appear slightly larger or smaller than their actual size due to default screen settings and photographic techniques.

The Owner may modify or remove, temporarily or permanently, some of the products and/or services, or change the retail prices of such products or services, without giving the User any notice of such changes.

To the extent permitted by law, the Owner shall not be held liable to the User or to third parties for any loss or damage arising from the use of the Site and/or its content, or of the information contained on the Site or relating to the products published on the Site.

The Owner also disclaims any liability for any direct or indirect damage, regardless of the cause, origin, nature and consequences, including, without limitation, all costs incurred or any other loss of intangible assets arising from the use of the Site or the inability to use it, or from Users’ or third parties’ reliance on the contents of the Site.

The User agrees to indemnify and hold harmless the Owner from any legal action, claim, request for compensation by third parties and related damages and expenses, including legal fees, arising from or related to any irregular and/or unlawful use of the Site and/or the Site Content by the User or persons connected to the User.

Some Products may not be available at the time of purchase and, for this reason, may be subject to return or replacement only in accordance with our Returns Policy.

For further details, please consult our Returns Policy.

1. Sales contract

Users undertake to provide updated, complete and accurate data and information during the purchase process and in managing their account. Users undertake to promptly update the information in their account, including their e-mail address and credit card numbers and expiry dates, so as to allow the Seller to complete sales transactions and contact them where necessary.

Payment of the amount due for Orders may be made using the following methods:

Credit card (Visa, Mastercard, American Express).

The Seller charges the amount due for the purchase of Products at the time of acceptance of the Order. The Seller reserves the right to carry out security checks on the payment method chosen by the Customer, or to apply a pre-authorisation or make an advance charge for precautionary reasons.

The e-mail by which the Seller merely confirms receipt of the Order does not in any way constitute acceptance of the Order by the Seller.

The Sales Contract for Products between the Seller and the Customer shall be deemed concluded only and exclusively when the Customer receives from the Seller an e-mail confirming that the Products have been shipped. 

Customers undertake to verify the truthfulness and accuracy of the information contained in the Shipping Confirmation E-mail and to promptly communicate any errors in such information. At the Seller’s discretion, any additional costs incurred for the fulfilment of the Order caused by the inaccuracy of the information provided by Customers may be charged separately to Customers.

Customers may not cancel an Order after receipt of the Order has been confirmed by the Seller. However, Customers are invited to contact the Seller by e-mail if they wish to cancel an Order at the e-mail address loma@orodolomiti.it. The Seller will verify whether it is possible to exceptionally satisfy the request.

1. Prices

The prices of the Products are indicated on the Site, during the purchase process and in the shipping confirmation e-mail.

Shipping costs are communicated to the Customer at the time of Order check-out and are also indicated in the Shipping Confirmation E-mail. The cost of each shipment may vary depending on the delivery destination, delivery method or other circumstances.

Any price changes apply only to Orders placed after the publication of the price change on the Site and are not retroactive. The Seller reserves the right not to accept an Order due to an error in the price published on the Site or indicated in the e-mail sent to confirm receipt of the Order.

1. Deliveries

The Seller delivers Orders throughout Italy.

The Seller undertakes to dispatch Orders without undue delay and, in any case, within 45 / 60 working days from receipt of the Order.

Orders are delivered through the services of a leading courier. Delivery times may vary depending on the delivery destination. Occasional delivery delays may occur, for example during the Christmas period or due to prohibitive weather conditions, strikes, etc. The Customer or third parties may not invoke any liability against the Seller in the event of delay in the fulfilment of the Order or in the delivery of the Products.

Unless otherwise agreed, Orders are delivered only on working days.    Delivery of an Order shall be deemed completed when the Product has been made available to the Customer at the address specified in the Order or otherwise agreed between the Customer and the Courier.

If delivery is unsuccessful because the Customer is unable to receive the Order, the Customer will receive an e-mail informing them that the Courier will attempt to deliver the Order a second time.

If the new delivery attempt is also unsuccessful, Customer Service will try to contact the Customer to provide assistance regarding the Order.

If, after 15 (fifteen) days from the date on which the Order is available for delivery, the Order could not be delivered for reasons attributable to the Customer, the Sales Contract shall be deemed terminated, unless otherwise agreed. As a consequence of such contractual termination, the Seller, after having recovered the goods, will refund the Customer all payments received. However, the Seller reserves the right to retain part of the payments received to compensate for the logistics costs incurred for the return of the Order.

Cancellation of an Order will be notified to the Customer by e-mail and the applicable refund will be credited to the Customer using the payment method originally used for the Order.

Additional delivery attempts may be agreed upon at an additional cost.

Upon delivery of the Product, Customers are invited to carefully check the condition of the Products and packaging and the correspondence between the number of items delivered and the information contained in the transport documents. Any damage to the Products and/or packaging or discrepancies in the number of items/packages delivered must be immediately reported by contacting Customer Service.

1. Legal warranty

The Seller assumes responsibility for any original defect in the Products.

The Seller guarantees that the Products are free from defects and comply with the provisions of the Sales Contract. In particular, the Products:

comply with the description provided on the Site 

are suitable for the purpose for which products of the same type are normally used; 

have the quality level and usual performance of goods of the same type,             which the Customer may reasonably expect, considering the nature of the products  in question.

The Customer is strongly encouraged to follow the Seller’s guidelines on how to use, store and clean the Products. Failure to comply with these guidelines may result in damage to the Products and loss of the right of withdrawal.

Marginal differences between the description of a Product on the Site and the actual characteristics of that Product cannot be considered legitimate grounds for a complaint of non-conformity.

If a non-compliant product has been delivered, the Customer may request that it be brought into conformity, at no cost to the Customer, by repair or replacement. Where this is not possible, the Customer is entitled to a price reduction or a full refund of the price and, if incurred, delivery costs.

The mere fact that we agree to have a Product returned to verify its conformity does not imply acceptance of the Customer’s claim of non-conformity of the Product. The Seller in fact reserves the right to personally verify the conformity of the Product with the Sales Contract once the Product has been returned.

The duration of the legal warranty is two years and runs from the date of delivery of the Product. It covers only defects existing at the time of delivery, namely original defects that become apparent within 24 (twenty-four) months following the delivery date, while subsequent defects are excluded, for example those due to use, negligence, accident, lack of or improper maintenance, replacement with non-original spare parts, etc. The consumer’s action aimed at obtaining the remedies available for defects not fraudulently concealed by the Seller is time-barred within the legal period of 26 (twenty-six) months from delivery of the relevant Product.

1. Indemnity

The Owner cannot in any way guarantee that the Site, including its content, services and features, will operate without interruption, that any defects found therein will be corrected, or that the User’s use of the Site will produce specific results.

The Site and the Site content are provided in their current state and are available “as is”. Furthermore, the Seller provides no warranty, express or implied, including any warranty of accuracy, completeness, non-infringement of third-party rights, merchantability or fitness of the Products or the Site for a particular purpose.

1. Processing of personal data

The User is invited to carefully review the Privacy Policy" and the Cookie Policy published on the Site in order to learn about the methods of processing personal data     and to better understand their rights regarding data protection.

1. Applicable law

This document and any further agreement between the Owner/Seller providing services to Users/Customers are governed by Italian law, with jurisdiction of the Court       of Belluno, and must be interpreted in accordance with the same.

1. Customer feedback and complaints

Any Customer feedback, suggestion or complaint relating to an order must be sent through the appropriate contact form or by e-mail to the following address: loma@orodolomiti.it