Terms and Conditions

Article 1 – Definitions

In these general conditions of sale (the “General Conditions”), terms not otherwise defined shall have the meaning attributed to them below:

“Customer” means any person, whether or not they have completed the registration procedure, who browses the Site, including those who act as Guest Customers or Registered Customers, whether they are Consumer Customers or Professional Customers.

“Consumer Customer” means the natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out, as defined in Article 3, letter a), of the Consumer Code.

“Professional Customer” means the natural or legal person acting in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity or his/her intermediary, as defined in Article 3, letter c), of the Consumer Code.

“Registered Customer” means the user who has successfully completed the registration procedure on the Site, who has chosen his/her nickname and password to access, among others, the specific section reserved for Registered Customers. The Registered Customer has the right to navigate within the Site and to use all the Services available from time to time on the Site.

“Guest Customer” means the user who has the right to navigate the Site, use the functions made available to the generality of Customers, without having to register on the Site and without being able, consequently, to use the Services.

“Consumer Code” means Legislative Decree 6 September 2005, n. 206 and subsequent amendments.

“Content” means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful information aimed at the use of the Service and to be considered, for this reason, an integral part of it), animations, databases, design and contents, trademarks, logo, technical solutions adopted, graphic creations, structure and any other part already created or to be created, whether registered or not, covered or not by copyright or legally protected, published on the Site or any other material (in any form) or service that is made available through the Site or by Martina Veneziani Loreto to Customers, including information sheets relating to Products or Services, images or descriptions relating to Products or Services as well as trademarks or logos of third parties who are manufacturers or suppliers of the Products or Services.

“Contract” means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), any additional conditions published on the Site, the additional rules, directives, codes of conduct and/or instructions present on the individual Product sheets or, in any case, published on the Site as well as any registration form or Purchase Order issued by the Customer and accepted by Martina Veneziani Loreto.

“Business Day” means each calendar day except Saturday, Sunday and other days on which credit institutions operating in Milan are not, as a rule, open to the public for the performance of their normal business;

“Lovemà” means the online sales shop, published on the Site, called “www.lovema.it” and managed by Martina Veneziani Loreto.

“Purchase Order”: means the order for the purchase of Products or Services issued by the Customer, in accordance with the purchasing procedure referred to in Article 4 below.

“Product” means any product offered for sale by Martina Veneziani Loreto on the Site.

“Lovemà Point of Sale” means the 'Lovemà' sales point managed directly by Martina Veneziani Loreto, where a Customer can collect and pay for Products purchased through the site.

“Service” means any service made available by Martina Veneziani Loreto on the Site, including – without limitation – the services provided by Martina Veneziani Loreto at the request of the Customer and connected to the sale of Products, such as – by way of example only – the transport service, the transport service to the floor.

“Lovema” means Martina Veneziani Loreto, with registered office in Catania (CT), Via Nuova 13, Aci Catena (CT) VAT number 05693170879, Tax code VNZMTN91R43C351K.

“Site” means the Internet site www.lovema.it.

Article 2 – object

2.1 The Agreement contains the terms and conditions governing:

(1) the sale of Products and the provision of Services purchased by the Customer through the Site;

(2) the navigation of the Site by the Customer as well as the use of all the functions made available to the Customer through the Site.

2.2 Any purchase of Products or Services made by (A) a Customer, acting as a Consumer Customer, will be governed, in addition to the Contract, also by the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable; and (B) a Customer, acting as a Professional Customer, will be governed exclusively by this Contract, in addition to the provisions of the Civil Code, for anything not provided for herein.

Article 3 – Registration on the site and acceptance of the general conditions

3.1 The Customer who intends to act as a Registered Customer must complete the registration procedure on the Site by providing the information and personal data requested and indicate an email address (or choose a "username", in the case of registration before 24 November 2012) to log in and a "password", as requested in the appropriate section of the Site. "Lovemà" by Martina Veneziani Loreto will send an email confirming registration to the email address provided by the Registered Customer during the registration procedure.

3.2 The Registered Customer is required to carefully read these General Conditions as well as, in general, the terms and conditions of the Contract which can be viewed and printed during the registration process also by accessing pop-ups or hypertext links; the Customer is required to accept these terms and conditions by clicking in the appropriate box marked with the words "I accept the terms and conditions of use".

3.3 The Customer expressly authorizes Martina Veneziani Loreto to send to his/her email address, also through specific links to the relevant pages of the Site, this Contract, including the relevant General Conditions, any special conditions, as well as all communications relating to the execution of this Contract. The Customer acknowledges that this Contract, including the relevant General Conditions, any special conditions and all related amendments in force from time to time, can be printed on paper or downloaded by the Customer.

Article 4 – purchase order, conclusion of the contract, order status

4.1 Customer purchase methods

The Customer can purchase the Products and Services present on “Lovemà” by Martina Veneziani Loreto or, in general, on the Site, as described in the relevant information sheets.

Lovemà by Martina Veneziani Loreto indicates in the information sheet of each Product:

- “available in stock”: means that the Product is physically present in the warehouses of “Lovemà” di Martina Veneziani Loreto;

- “available to order”: means that the Product is not physically present in the warehouses of “Lovemà” di Martina Veneziani Loreto, but is available from the suppliers of “Lovemà” di Martina Veneziani Loreto. A Product “available to order” can only be purchased by paying the price according to the methods set out in art. 6.3 at the same time as placing the Purchase Order.

Further information that “Lovemà” by Martina Veneziani Loreto clearly indicates in the information sheet includes the main characteristics of the Products and Services, the total price including taxes and shipping costs.

The Contract must be examined by the Customer before making any Purchase Order for Products or Services. Without prejudice to the provisions of the previous art. 3 for the case of Registered Customers, the sending of a Purchase Order by the Customer implies full knowledge and acceptance of these General Conditions as well as of the Contract in general.

Purchase Orders must be filled out using the electronic form made available in the appropriate section of the Site, and must be sent to “Lovemà” di Martina Veneziani Loreto through the Site itself, according to the methods indicated therein.

Before sending the Purchase Order, “Lovemà” di Martina Veneziani Loreto will provide the Consumer Customer with the information (relating to the Products or Services being purchased) required by art. 49 of the Consumer Code as well as by arts. 12 and 13 of Legislative Decree 9 April 2003, no. 70. Such information will include the contact details and headquarters of “Lovemà” di Martina Veneziani Loreto (in particular, the address, telephone number, fax number and email address), the main characteristics and price of the Product and Service (including taxes), shipping costs and any additional additional charges, payment methods and terms, delivery methods and terms, the existence of the right of withdrawal and the related limitations and methods of exercising it, the existence of the legal guarantee of conformity, the existence and conditions of after-sales assistance to the consumer, after-sales services and commercial guarantees.

The Purchase Order will be binding for “Lovemà” di Martina Veneziani Loreto only if the entire purchase procedure has been completed regularly and correctly, without any error messages being highlighted by the Site, as well as, in the event that the Customer has chosen to collect the Products from the carrier's warehouse or home delivery, the positive verification of the regularity of the payment of the consideration by the Customer and, specifically: (i) the authorization for payment by the banking circuit, in the event of payment by credit card or PayPal, or (ii) the receipt of the transfer by “Lovemà” di Martina Veneziani Loreto, in the event of payment by advance bank transfer.

4.2 confirmation of receipt of the purchase order by “Lovemà” by Martina Veneziani Loreto

After having sent the Purchase Order for Products or Services, the Customer will receive an email from “Lovemà” di Martina Veneziani Loreto with which the latter will inform the Customer that it has received the same Purchase Order, indicating the relevant identification number.

With the aforementioned email, “Lovemà” by Martina Veneziani Loreto will also summarize the unit cost of each Product chosen, the order line total, the total cost of the order (in the case of purchasing multiple Products) and any costs for the Services (i.e. transport, shipping and installation). In the case of a Consumer Customer, this email will also contain a summary of this Contract as well as the information expressly required by Articles 12 and 13 of Legislative Decree no. 70 of 9 April 2003 and by art. 49 of the Consumer Code.

Upon receipt of the above confirmation email, the Customer may verify the accuracy of the data, Products and Services purchased and, if necessary, report anomalies and/or errors or request information by sending an email using the form: Contacts.

4.3 Conclusion of the contract

The Contract shall be deemed to be concluded upon receipt by the Customer of the confirmation of receipt of the Purchase Order by “Lovemà” di Martina Veneziani Loreto referred to in the previous art. 4.2.

Without prejudice to the foregoing, the Customer acknowledges and agrees that:

(1) in the event that the Contract concluded as above provides for the delivery of the Product to the Customer's home (at an address indicated by the Customer), to the carrier's warehouse, or to a “Lovemà” Point of Sale by Martina Veneziani Loreto selected by the Customer in the Purchase Order, the Contract itself shall be deemed to have been concluded by the Customer with “Lovemà” by Martina Veneziani Loreto, which, therefore, shall act as seller of the Product sold (as well as supplier of any Services purchased by the Customer);

(2) on the contrary, in the event that the Contract concluded as above provides for the delivery of the Product purchased at an Affiliated Point of Sale selected by the Customer in the Purchase Order, the Contract itself shall be deemed to have been concluded by the Customer directly with the Affiliated Point of Sale, which, therefore, shall act as seller of the Product purchased (as well as supplier of any Services purchased by the Customer).

In this last regard and for clarity, the Customer acknowledges and agrees that in the case of Contracts stipulated with Affiliated Points of Sale “Lovemà” di Martina Veneziani Loreto sub (2), “Lovemà” di Martina Veneziani Loreto will act, through the Site, as a mere agent with representation, pursuant to art. 1704 et seq. of the Civil Code, of the Affiliated Point of Sale with which the Contract has been concluded from time to time by the Customer. For the effect, any right, faculty, remedy or obligation deriving from said Contracts must be exercised, experienced or fulfilled, as appropriate, by the Customer directly with respect to the Affiliated Point of Sale with which the Contract has been concluded.

Ownership of any Product purchased by a Customer under the Contract will be transferred to the Customer only upon full payment by the Customer of the amount due for the purchase of the Product. Consequently, “Lovemà” di Martina Veneziani Loreto will proceed with the delivery of the Product only and exclusively once full payment of the amount due by the Customer has been received.

4.4 Order Status Updates

“Lovemà” by Martina Veneziani Loreto reserves the right to provide the Customer with updates regarding the status of execution of any Purchase Order that has been accepted by “Lovemà” by Martina Veneziani Loreto, pursuant to the previous art. 4.3. In particular, “Lovemà” by Martina Veneziani Loreto reserves the right to send the Customer, via email, the communications indicated below regarding the status of each Purchase Order.

(1) In the case of Purchase Orders that provide for the delivery of the purchased Products to the home or address indicated by the Customer or to the carrier's warehouse, “Lovemà” by Martina Veneziani Loreto will proceed to communicate the following statuses of the Purchase Order:

– SHIPPED TO HOME, meaning that all Products relating to the Purchase Order have been shipped to the address indicated. In the order details, you can check the waybill code for all orders and the related link that opens the carrier's website with delivery information, with the sole exception of orders that also require Services such as WEEE collection and installation (for such purchases, tracking will not be indicated).

– PARTIALLY SHIPPED, meaning that, when the purchase proposal is made up of multiple Product lines, at least 1 (one) of these Products has already been shipped (specifying which Product has been shipped); “Lovemà” by Martina Veneziani Loreto, in fact, can ship the Products from different warehouses and, therefore, at different times.

(2) In the case of Purchase Orders that provide for the delivery of the Products to a “Lovemà” Point of Sale of Martina Veneziani Loreto or to an Affiliated Point of Sale, “Lovemà” of Martina Veneziani Loreto will proceed to communicate to the Customer when the Order is SHIPPED, meaning that the Products relating to the Purchase Order in question are available for collection at the “Lovemà” point of sale of Martina Veneziani Loreto or at the Affiliated Point of Sale.

Article 5 – Product characteristics

5.1 products on offer

Any purchase by the Customer of Products published in the specific “offer” section or expressly indicated as “limited offer” (or synonyms) may be subject to a daily purchase limit of only one item for each Customer per day.

5.2 prices

The prices of the Products published on the Site include VAT but do not include any costs for Services that may be requested by the Customer.

Purchases of the Products, as illustrated and described on the online Site in the relevant technical sheets, as well as of the Services are made by the Customer at the price in force at the time of sending the Purchase Order, the latter price which will, in any case, be displayed on the Site as well as within the Purchase Order.

Without prejudice to the foregoing, “Lovemà” di Martina Veneziani Loreto reserves the right to modify at any time, at its sole discretion and without notice, the price of the Products and Services from time to time present on the Site, without therefore providing any guarantee regarding the fact that the sale price of the Products or Services remains available on the Site or unchanged for a certain period of time. On the contrary and for clarity, any price in force at the time of receipt by “Lovemà” di Martina Veneziani Loreto of a Purchase Order issued by a Customer, will remain firm and unchangeable between the parties.

5.3 Product description

The technical data sheets of the Products present on the Site (and, therefore, the description of the functions and characteristics of each Product) are drawn up directly by the manufacturer of each Product concerned.

For this reason, “Lovemà” by Martina Veneziani Loreto declines any and all responsibility for any errors in the technical sheets and/or inaccuracies and/or for defects in correspondence between the descriptions of the Products and the actual functions and characteristics of the Products themselves; the images and photos used to accompany each descriptive sheet of the Products are merely indicative and may not be perfectly representative of the characteristics of the Product itself, as this may differ in color, size or accessories not present in the image and photos used to accompany it.

Article 6 – Payment methods

6.1 payment in case of collection at a “Lovemà” store by Martina Veneziani Loreto

The Customer who has chosen to collect the Products at one of the “Lovemà” Points of Sale of Martina Veneziani Loreto indicated on the Site, may make the relevant payment only at the selected “Lovemà” Point of Sale of Martina Veneziani Loreto using the payment methods made available by the same “Lovemà” Point of Sale of Martina Veneziani Loreto and may also collect the Products at different times (if the relevant Purchase Order concerns multiple Products or multiple copies of the same Product).

6.2 Payment in case of collection at an affiliated point of sale

The Customer who has decided to purchase the Products from an Affiliated Point of Sale may make the payment only at the selected Affiliated Point of Sale, at the time of collection of the Products, using the payment methods made available by the same Affiliated Point of Sale.

6.3 Payment in case of collection from the carrier's warehouse or home delivery

The Customer who has decided to collect the Products from the carrier's warehouse or to receive the Product at home, may make the payment, alternatively, with (1) advance bank transfer, (2) credit card, (3) PayPal.

6.4 Payment methods

(1) Advance bank transfer

In the event of home delivery of the Product or collection from the carrier's warehouse, if the Customer has chosen to make the payment by advance bank transfer, the payment can be made to the current account of "Lovemà" di Martina Veneziani Loreto opened at Che Banca! with IBAN IT15B0305801604100572091792 - or to another bank communicated from time to time by "Lovemà" di Martina Veneziani Loreto to the Customer - within 5 (five) Business Days from the date on which "Lovemà" di Martina Veneziani Loreto has confirmed receipt of the Purchase Order pursuant to the previous art. 4.2; if the bank transfer is not received by "Lovemà" di Martina Veneziani Loreto within said period, the relevant Contract shall be considered automatically terminated and ineffective and the Customer will receive an e-mail from "Lovemà" di Martina Veneziani Loreto to this end.

The Customer's bank may charge a fee for making the transfer.

In any case, the Products subject to each Purchase Order accepted by “Lovemà” di Martina Veneziani Loreto will be shipped by the latter only after “Lovemà” di Martina Veneziani Loreto sees the credit of the amount due on its current account.

(2) Credit card

In the case of home delivery of the Product or collection from the carrier's warehouse, if the Customer has chosen to make the payment by credit card from those available and indicated online, the payment must be made when the Customer forwards the Purchase Order.

Che Banca! or another bank identified from time to time by “Lovemà” di Martina Veneziani Loreto (through the service called smart-pay) will automatically verify, at the time of the order, the operability of the card, providing an email indicating the outcome of the transaction.

The amount due is actually collected by “Lovemà” di Martina Veneziani Loreto upon shipment of the Product and, in any case, after the relevant invoice has been issued.

In order for a Purchase Order to be confirmed, the Customer must provide a telephone number or a reference email where they can be contacted in order to allow “Lovemà” di Martina Veneziani Loreto to carry out any checks necessary for the security of the transaction; in the absence of this, “Lovemà” di Martina Veneziani Loreto reserves the right not to accept the Purchase Order.

At no time during the payment process is “Lovemà” by Martina Veneziani Loreto able to access information relating to the credit card, credit card number or financial, patrimonial and personal information of the Customer.

The payment order is, in fact, transmitted – via a protected connection – directly to the portal of the bank or financial company expressly indicated, at the time of confirmation by the Customer.

“Lovemà” by Martina Veneziani Loreto is in no case responsible and can be held responsible for any fraudulent or illicit use of credit cards that may be made by third parties during the purchase and payment procedure of the products.

“Lovemà” by Martina Veneziani Loreto reserves the right not to accept Purchase Orders or to suspend the execution of Contracts already concluded in the event of anomalies or irregularities in payment. In such cases, “Lovemà” by Martina Veneziani Loreto reserves the right to request additional information from the Customer and/or the sending of copies of documents proving ownership of the credit card used for the purchase. In the absence of the requested documentation, “Lovemà” by Martina Veneziani Loreto reserves the right not to accept the Purchase Order or to terminate any Contract already concluded, without this giving the Customer any right to request compensation for damages or to assert other claims.

(3) PayPal

In the case of home delivery of the Product or collection from the carrier's warehouse, if the Customer has chosen to purchase through the PayPal payment method, at the end of the order, the Customer is directed to the PayPal login page.

The amount owed by the Customer in relation to each Purchase Order is charged to the PayPal account at the time the Purchase Order is sent by the Customer.

For each transaction carried out with the PayPal account, the Customer will receive a confirmation email from PayPal.

“Lovemà” by Martina Veneziani Loreto reserves the right not to accept Purchase Orders or to suspend the execution of Contracts already concluded if PayPal reports anomalies or irregularities in the payment. In this case, “Lovemà” by Martina Veneziani Loreto reserves the right to request additional information from the Customer and/or the sending of copies of documents proving ownership of the credit card used for the purchase. In the absence of the requested documentation, “Lovemà” by Martina Veneziani Loreto reserves the right not to accept the Purchase Order or to terminate any Contract already concluded, without this giving the Customer any right to request compensation for damages or to assert other claims.

6.5 Payment security

The credit card data is transmitted to the bank's server only after the Customer has clicked to confirm (for the purposes of this document, it is important to underline that not even “Lovemà” by Martina Veneziani Loreto has the possibility of viewing such data).

Until that moment the data remains stored exclusively on the Customer's computer.

Article 7 – delivery of products

7.1 in general

“Lovemà” by Martina Veneziani Loreto delivers the Products exclusively on Italian territory.

The Customer (whether Registered Customer or Visitor Customer) who is not resident in Italy must, in any case, specify in the Purchase Order a place of delivery of the Products in Italian territory.

The purchased products will be delivered by “Lovemà” by Martina Veneziani Loreto:

– to the address indicated by the Customer in the Purchase Order;

– at the “Lovemà” Sales Point of Martina Veneziani Loreto selected by the Customer in the Purchase Order;

– at the Affiliated Sales Point under the ““Lovemà” brand by Martina Veneziani Loreto” selected by the Customer in the Purchase Order;

– at the warehouse of the carrier selected by the Customer in the Purchase Order.

7.2 home delivery, collection from the carrier's warehouse or collection from a "Lovemà" store by Martina Veneziani Loreto

Delivery and storage times

The Products indicated as “available in stock” will be delivered by “Lovemà” di Martina Veneziani Loreto to your home (or made available at the “Lovemà” di Martina Veneziani Loreto Sales Point or at the warehouse of the carrier selected by the Customer in the Purchase Order) within the indicative and non-binding deadline indicated in the relevant product sheet and in any case no later than 10 (ten) Working Days from the sending by “Lovemà” di Martina Veneziani Loreto of the email confirming receipt of the Purchase Order referred to in the previous art. 4.2.

As a partial derogation of the foregoing, in the case of home delivery, if the Customer, together with the purchase of Products, has also requested the provision of Installation and collection Services for used goods (RAEE), the Products will be delivered by “Lovemà” di Martina Veneziani Loreto within 15 (fifteen) Working Days from the sending by “Lovemà” di Martina Veneziani Loreto of the email confirming receipt of the Purchase Order referred to in the previous art. 4.2.

The estimated time for finding the Product that is the subject of the Purchase Order and the delivery time once such Product has been found will be indicated in the Product sheet indicated as “available to order”. In any case, pursuant to art. 61, paragraph 1 of the Consumer Code, “Lovemà” di Martina Veneziani Loreto will deliver within and no later than thirty days from the day following the day on which the Customer sent the Purchase Order to “Lovemà” di Martina Veneziani Loreto.

In the event that the Products are not delivered within the peremptory terms indicated in the preceding paragraphs, “Lovemà” by Martina Veneziani Loreto will contact the Customer within 2 (two) Business Days providing information on the status of the shipment, without prejudice to the right to obtain a refund by the Customer and to the further rights provided for by art. 61, paragraphs 3-7 of the Consumer Code.

In the event of the purchase of multiple Products of different types, “Lovemà” by Martina Veneziani Loreto reserves the right to deliver the individual Products with different times and deliveries. This choice by “Lovemà” by Martina Veneziani Loreto will not entail any additional costs for the Customer. The Customer is required to verify, upon receipt of the ordered Products:

(a) if the number of packages delivered corresponds to that indicated on the transport document;

(b) if the packaging is intact;

(c) if the Product delivered to him complies with the Purchase Order placed.

The Customer must sign the delivery note indicating "with reservation of control on the integrity of the products"; if this does not happen, the Customer will not be able to subsequently contest the external non-conformity of the Product and its quantity with respect to what was ordered.

In the event of collection of the Product at a “Lovemà” di Martina Veneziani Loreto Point of Sale, “Lovemà” di Martina Veneziani Loreto will communicate, via email, to the Customer the date from which the Product can be collected at the same “Lovemà” di Martina Veneziani Loreto Point of Sale chosen. The Product will remain in storage at the “Lovemà” di Martina Veneziani Loreto Point of Sale chosen by the Customer and so for 10 (ten) Working Days from the date on which the Product is available as above. After this last term, “Lovemà” di Martina Veneziani Loreto will have the right to declare the relative Contract terminated and ineffective, by sending the Customer an email to this effect, and, in this case, “Lovemà” di Martina Veneziani Loreto will have the right to put the Product back on sale.

Invoice

The invoice relating to purchases of Products (and related Services), delivered to the home can be downloaded by the Registered Customer directly online in the Customer profile.

The Guest Customer can download the invoice by entering the order number and their email address in the appropriate section called 'order status'.

As regards, however, the Products collected from a “Lovemà” Point of Sale of Martina Veneziani Loreto, the invoice will be delivered directly to the Customer at the same “Lovemà” Point of Sale of Martina Veneziani Loreto.

No changes to the invoice will be possible after it has been issued.

For orders containing multiple Products, separate invoices may be issued based on the shipments actually made.

Shipping costs

Shipping. An amount for shipping costs must be added to the price of the Product purchased by the Customer for which home delivery is requested. This amount is calculated automatically by the “Lovemà” system of Martina Veneziani Loreto, taking into account, among other things, the weight and dimensions of the Products, but without distinctions related to the place of delivery in Italy. This amount will be indicated in the Purchase Order before it is sent by the Customer.

Pick up at “Lovemà” by Martina Veneziani Loreto. Otherwise, in case of collection of the Products at a “Lovemà” Point of Sale by Martina Veneziani Loreto, no transport costs will be added.

Collection at the carrier's warehouse. In the event of collection of the Products at the carrier's warehouse, the transport costs must be added to the price of the purchased Product, calculated automatically by the “Lovemà” system of Martina Veneziani Loreto taking into account, among other things, the weight and dimensions of the Products; these amounts will be indicated in the Purchase Order before it is sent by the Customer.

7.3 delivery to a “Lovemà” affiliated store by Martina Veneziani Loreto

The Products purchased on the Site may also be collected by the Customer at one of the Affiliated Sales Points under the ““Lovemà” di Martina Veneziani Loreto” brand, not directly managed by “Lovemà” di Martina Veneziani Loreto but affiliated with the latter and better listed in the “Affiliated Stores” section.

In such case and in accordance with the provisions of the previous art. 4.3, the Contract for the purchase of the Product will be deemed to be executed by the Customer not with “Lovemà” by Martina Veneziani Loreto but directly with the Affiliated Point of Sale where the Product must be collected. Said Affiliated Point of Sale “Lovemà” by Martina Veneziani Loreto will be considered the seller of the same Product, for all legal and contractual purposes, including – by way of example – in relation to the legal guarantee of conformity (also pursuant to art. 128 et seq. of the Consumer Code) as well as for technical assistance and for everything concerning the execution of the relative Sales Contract.

The Products will be made available at the “Lovemà” Affiliated Sales Point of Martina Veneziani Loreto within an indicative and non-binding period of 10 (ten) Working Days from the sending by “Lovemà” of Martina Veneziani Loreto of the e-mail of acceptance of the Purchase Order.

Invoice

The invoice will be delivered directly to the “Lovemà” Affiliated Sales Point of Martina Veneziani Loreto; in this case, the invoice will be issued directly by the “Lovemà” Affiliated Sales Point of Martina Veneziani Loreto where the Product is collected.

Additional expenses

In case of collection of the Products at a “Lovemà” Affiliated Sales Point of Martina Veneziani Loreto, transport costs will not be added.

Withdraw

In the case of orders for Products of different types, “Lovemà” by Martina Veneziani Loreto reserves the right to deliver the products with different times and delivery times; this choice will not entail any additional costs for the Customer.

In the event of collection of the Product at a “Lovemà” Affiliated Point of Sale by Martina Veneziani Loreto, “Lovemà” by Martina Veneziani Loreto will communicate, via email, to the Customer the availability and the possibility of collecting the Product at the chosen point of sale. The Product will remain in storage at the Affiliated Point of Sale chosen by the Customer and so for 10 (ten) Working Days from the date on which the Product is available as above; after this period, the Affiliated Point of Sale will have the right to declare the relative Contract terminated and ineffective, sending the Customer an email to this effect, and, in this case, the same Affiliated Point of Sale will have the right to put the Product back on sale.

Not all Products in the “Lovemà” catalogue by Martina Veneziani Loreto may be available for collection at an Affiliated “Lovemà” Sales Point by Martina Veneziani Loreto.

Article 8 – Legal guarantee of conformity

All Products purchased through “Lovemà” by Martina Veneziani Loreto enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable.

Professional Client

For each Product purchased by a Professional Customer, the latter will benefit from the guarantee for defects of the item sold pursuant to art. 1490 et seq. of the Civil Code; the Professional Customer's action to assert the guarantee for defects expires after 1 (one) year from delivery of the purchased Product and the related defects must be reported within the terms of art. 1495 of the Civil Code.

Consumer Customer

For each Product purchased by a Consumer Customer, the latter will benefit from the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code.

The legal guarantee of the seller applies to defects of conformity that appear within 24 months from the date of delivery of the Product and that are reported by the consumer within 2 months from the date of discovery of the defects themselves, in accordance with art. 132 of the Consumer Code.

This guarantee must be enforced directly against “Lovemà” di Martina Veneziani Loreto, if the latter acts as the seller of the defective Products, and specifically in the case of sale of Products for which the relevant Contract provides for the delivery of the Product to the home (at an address indicated by the Customer), to the carrier's warehouse, or to a “Lovemà” di Martina Veneziani Loreto Sales Point selected by the Customer in the Purchase Order; on the contrary, in the case of sale of Products for which the relevant Contract provides for the delivery of the Product to an Affiliated “Lovemà” di Martina Veneziani Loreto Sales Point selected by the Customer in the Purchase Order, this guarantee must be enforced directly against the same Affiliated Sales Point, which, in this case, will act as the seller of the defective Products.

Operating procedures for asserting the legal guarantee of conformity

At the point of sale. The Customer – equipped with the Product and the documentation proving the purchase – can go directly to the “Lovemà” points of sale of Martina Veneziani Loreto or to the “Lovemà” Affiliated Point of Sale of Martina Veneziani Loreto where the defective Products were delivered and contact the personnel in charge, who will be available to provide all the necessary assistance in relation to the specific case.

The staff of the aforementioned sales outlets will take charge of the Product for which the Customer complains of a lack of conformity.

By phone or by e-mail. Alternatively, the Customer may contact the point of sale by phone or send his/her request for assistance by filling out the "Contacts" form directly from the Site. The staff will provide the Customer with the necessary information regarding the conditions and procedures for the use of the legal guarantee of conformity.

“Lovemà” by Martina Veneziani Loreto., in order to provide a high level and absolutely transparent after-sales assistance service, undertakes, on a voluntary basis, to have the repair carried out or replace the defective Product within 40 (forty) days of the request for assistance under warranty.

Article 9 – right of withdrawal of the consumer customer

1. Pursuant to Articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, within fourteen days of receiving the Product without having to provide any reason.

In the case of separate delivery of multiple goods, ordered by the Consumer Customer with a single order, the fourteen-day term for exercising the right of withdrawal starts from the day on which the last good is delivered.

2. The right of withdrawal is exercised by sending, by the Consumer Customer, within the terms set out in paragraph 1 above, the standard form available on the Site (and compliant with Annex B of Legislative Decree 21/2014) to be transmitted electronically to the internet address indicated in the confirmation of receipt of the Purchase Order referred to in the previous art. 4.2. Alternatively, the Consumer Customer may exercise the right of withdrawal within the same term by sending any other explicit declaration of his decision to withdraw from the contract by registered letter with acknowledgement of receipt or by fax to the address or number indicated in the confirmation of receipt of the Purchase Order referred to in the previous art. 4.2.

3. The Seller shall promptly communicate to the Consumer Customer a confirmation of receipt, via email to the email address provided during the purchase procedure on the Site, of the withdrawal exercised.

4. In accordance with the provisions of Article 59, letters c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for Products made to measure or clearly personalized or which risk deterioration or rapid alteration.

5. To exercise the right of withdrawal, the products must be presented: substantially intact, in their original packaging, complete with accessories and any manuals, without any missing parts. Please note that if the Product was collected from a “Lovemà” Point of Sale by Martina Veneziani Loreto, the Product must be returned directly to the same “Lovemà” Point of Sale by Martina Veneziani Loreto. In this case, we therefore ask you to go to our point of sale concerned and contact the staff, who will be at your disposal. Similarly, if the Product was collected from an Affiliated “Lovemà” Point of Sale by Martina Veneziani Loreto, the Product must be returned directly to the same Affiliated “Lovemà” Point of Sale by Martina Veneziani Loreto. If, however, the Product was purchased on the Site, the Product must be delivered to the following address: “Lovemà” by Martina Veneziani Loreto, Corso Italia, 44, 95129, Catania.

6. The only costs owed by the Consumer Customer for exercising the right of withdrawal are the direct costs of returning the goods to the Seller, as provided for by Article 57, paragraph 1, of the Consumer Code.

7. Once the withdrawal request has been received, “Lovemà” by Martina Veneziani Loreto will refund the entire amount paid by the Consumer Customer within fourteen days from the date on which the Consumer Customer exercised the right of withdrawal, by crediting the current account used at the time of purchase, or using the bank details provided by the Consumer Customer with the withdrawal notice and in any case using the same payment method used by the Consumer Customer at the time of purchase. “Lovemà” by Martina Veneziani Loreto reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal, or until the Consumer Customer has demonstrated that he has returned the goods, depending on which situation occurs first.

8. However, if the methods, conditions and terms for exercising the right of withdrawal, as specified in this article, are not respected, the Consumer Customer will not be entitled to a refund of the sums already paid. In this case, the Consumer Customer may obtain, at his/her own expense, the Product in the state in which it was returned to “Lovemà” di Martina Veneziani Loreto. Otherwise, “Lovemà” di Martina Veneziani Loreto (or the Affiliated Point of Sale, as the case may be) may retain the returned Products, in addition to all the sums already paid by the Consumer Customer for the relevant purchase. Shipping and transport costs are charged to the Customer.

Exclusion of the right of withdrawal

The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Professional Customers.

Article 10 – Security

The Registered Customer is responsible for the storage and appropriate use of all e-mails, user names, nicknames and passwords used to connect to the Site and must take all necessary measures to ensure that they are used properly and that user names and passwords are kept secret and not disclosed to any unauthorised person.

The Registered Customer is responsible for any activity carried out through his/her account and is liable for any damage resulting from the improper use of his/her access data by third parties.

The Registered Customer must immediately inform “Lovemà” di Martina Veneziani Loreto if there are reasons to believe that a user name (or e-mail) or password have, or are likely to have, been known by someone not authorised to use them or are likely to be used in an unauthorised manner.

If a Registered Customer forgets or loses his/her user name, he/she must contact “Lovemà” di Martina Veneziani Loreto and carry out the security checks required by “Lovemà” di Martina Veneziani Loreto.

“Lovemà” by Martina Veneziani Loreto reserves the right to suspend user names (or emails), nicknames and passwords for access to the Site, if it believes that there is – or is likely to be – a security problem or unauthorized use of the same.

The Registered Customer is responsible for the truthfulness of the information and personal data provided at the time of registration. The Registered Customer must immediately inform “Lovemà” di Martina Veneziani Loreto of any changes in the information and personal data provided at the time of registration or, if possible, directly update them, so that such information and personal data are constantly current, accurate, complete and truthful. In the event that false, inaccurate or incomplete information or personal data are provided, or “Lovemà” di Martina Veneziani Loreto has a well-founded suspicion that false, inaccurate or incomplete information or personal data have been provided, “Lovemà” di Martina Veneziani Loreto will have the right to prevent the Registered Customer from using the Site.

Article 11 – Use of the site

The Site, the Products, the Services and the functions made available or purchased through the Site are provided exclusively for the personal use of the Customer. The Customer may not resell or attempt to resell Products, Services, Content or functions made available or purchased through the Site to any third party, nor use the Site for the purpose of carrying out business activities or in any case for professional or commercial purposes, including advertising, promotion, placement or any other form of marketing of Products, Services or Content made available through the Site, without the prior written consent of “Lovemà” di Martina Veneziani Loreto.

The Client must not copy, modify, transmit and distribute externally, display in public, download, print or publish any part of the Site or the Contents for commercial purposes. The Site may be used exclusively for the Client's personal purposes and in accordance with this Agreement.

The User may not in any way modify or vary the editing, graphics, layout or “look and feel” of any web page within the Site, it being understood that these will be defined by “Lovemà” di Martina Veneziani Loreto or on behalf of “Lovemà” di Martina Veneziani Loreto at its sole discretion. “Lovemà” di Martina Veneziani Loreto will have the right to insert its own trademark, trade name, logo, ideogram, or other distinctive sign of “Lovemà” di Martina Veneziani Loreto or third parties as well as to insert advertising banners, hyperlinks or other forms of advertising at its sole discretion within each web page within the Site.

The Client must not exploit or use the Site, or any Content, in such a way as to cause detriment to “Lovemà” di Martina Veneziani Loreto or to third parties. In particular, the Client has the obligation to refrain from using the Site or the Contents to carry out competitive activities, or in any case in such a way as to cause damage or prejudice to the interests, including economic ones, or to the image of “Lovemà” di Martina Veneziani Loreto, of other Clients or of third parties.

You are solely responsible for evaluating any Product or Service on the Site.

“Lovemà” by Martina Veneziani Loreto assumes no responsibility for personal data or information or other content sent, distributed, uploaded or downloaded by the Customer or any third party through the Site. In the event that the Site allows the Customer to formulate comments or opinions regarding Products, Services or functions made available through the Site, the Customer undertakes to ensure that said comments or opinions refer specifically to the activity of the economic operator being commented on and refer to specific and detailed facts. Without prejudice to the foregoing, “Lovemà” by Martina Veneziani Loreto reserves the right not to disseminate, remove from the Site or modify without prior notice, any content made available by the Customer of which it has become aware, as well as any other content published by third parties that constitutes or may constitute a violation of this Agreement, of mandatory provisions of law or of third party rights or in cases in which “Lovemà” by Martina Veneziani Loreto believes in good faith that such information or content constitutes a violation of this Agreement or of the law.

The Customer shall indemnify “Lovemà” di Martina Veneziani Loreto from any claim or legal action initiated or threatened against “Lovemà” di Martina Veneziani Loreto by third parties as a consequence of the Site or its functions being used by the Customer in violation of this article as well as in violation of any other provision of this Contract.

Article 12 – Intellectual property

The intellectual property rights relating to the Site or the Content are and remain the exclusive property of “Lovemà” di Martina Veneziani Loreto or its licensors.

The Customer is expressly prohibited from copying, modifying, creating derivative works or works from or based on the Site, the Content or the software.

The Customer is expressly prohibited from downloading, copying, reproducing, duplicating or otherwise using or disseminating any trademark, trade name, logo, ideogram, or other distinctive sign relating to “Lovemà” by Martina Veneziani Loreto and “Lovemà” by Martina Veneziani Loreto or its products.

Article 13 – Protection of personal data

The information provided pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003 (the so-called Personal Data Protection Code) is to be considered an integral part of this Agreement.

For information relating to the processing of personal data provided by the Customer when registering on the Site or, subsequently, also when accessing the reserved area of ​​the Site, please refer to the Privacy Policy section available on the Site in the constantly updated version.

Article 14 – Amendments and partial invalidity

“Lovemà” by Martina Veneziani Loreto reserves the right to make, at any time, at its sole discretion, all changes, additions and/or updates that it deems necessary and/or simply appropriate to the Site, the contents, programs and/or other materials contained therein and/or available through the Site itself (including these General Conditions).

For clarity, any modification and/or update made as above will not affect Contracts already signed with Customers prior to the implementation of such modification or update.

In the event that any provision of this Agreement is declared null, invalid or unenforceable, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement shall not be affected thereby.

Article 15 – Communications and problem solving

Any communication relating to these General Conditions or, in general, to any Contract signed with “Lovemà” by Martina Veneziani Loreto must be sent by post, fax or email to the addresses indicated below:

E-Commerce Manager

“Lovemà” by Martina Veneziani Loreto, Via Nuova 13, Aci Catena (CT) lovemacollection@outlook.com

For any telephone assistance regarding “Lovemà” by Martina Veneziani Loreto, please call 347 508 7437 from Monday to Friday (excluding holidays) from 9:00 to 13:00 and from 16:00 to 20:00.

The cost of the call is provided by the customer service of the operator used.

In the event of problems connecting to the Site during the order procedure, any Products already selected by the Customer will remain stored in the specific "cart" section and the Customer, once the connection has been re-established, will be able to re-enter the Site and complete the order procedure.

Article 16 – jurisdiction and competent court

The Contract is governed by Italian law.

For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract and, in general, relating to the navigation of the Site by the Customer or to the use of any functionality made available to the Customer through the Site, the Court of Catania will have exclusive jurisdiction, except for the mandatory court of the place of residence or elective domicile of the Customer acting as a Consumer Customer, pursuant to the Consumer Code.