These General Conditions of Sale and Use have as their object the purchase of products made remotely via the telematic network on the website www.thedesignlover.com, belonging to The Design Lover with headquarters in Turin, Via Luigi Capriolo 7, VAT number. 12077800014
Each purchase transaction will be governed by the provisions of Legislative Decree 206/05; the information aimed at the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as regards the protection of confidentiality, will be subject to the legislation referred to in the European regulation 2016/679 (privacy).
The General Conditions of Sale may be modified at any time, without prejudice to the user’s right of withdrawal. Any changes and / or new conditions will be effective from the moment of their publication on the site. The applicable General Conditions are those in force on the date of sending the purchase order.
These conditions do not regulate the sale of products and / or the provision of services by parties other than The Design Lover that are present on the site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary for the user to verify their conditions of sale. The Design Lover is not responsible in any way for the provision of services and / or the sale of products by such subjects, nor for the content on their sites including any errors and / or omissions and / or violations of the law by of the same.
The Design Lover also reserves the right not to accept orders, coming from anyone, which are in some way anomalous for, by way of example and not limited to, quantity, frequency, method.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contracts for the sale of products on the website www.thedesignlover.com, are considered concluded when the purchase order, in electronic format, is transmitted electronically by the customer to The Design Lover following the instructions that will appear from time to time. once on the site and the latter accepts it by sending the user, to the e-mail address indicated, a confirmation email containing a link with which to access a summary of the General Conditions, information relating to the characteristics of the product purchased, ” detailed indication of the price, the means of payment used, the methods for exercising the right of withdrawal, shipping costs and any additional costs. In any case, no contract will be considered concluded without the customer having electronically accepted the General Conditions of Sale during the purchase.
The customer, by electronically sending his purchase order, declares to have read and accepted these general conditions of contract and undertakes to observe and respect them in his relations with The Design Lover.
The Design Lover adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following
EUROPEAN DISPUTE RESOLUTION BODY (ODR)
Consumers residing in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them.
Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
TREATMENT OF PERSONAL DATA
The Design Lover pursuant to European Regulation 2016/679 (GDPR) informs that personal, personal and fiscal data acquired also verbally in reference to established commercial relationships, provided directly by the interested parties, or otherwise acquired within the company’s activity, will be processed in compliance with the aforementioned legislation and for the aforementioned purposes, including the confidentiality obligations provided for by them. In relation to the aforementioned, the rights from the European Regulation 2016/679 (GDPR) may be exercised.
OBLIGATIONS OF THE CUSTOMER
The customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance.
Finally, the customer is required, once the online purchase procedure has been completed, to print and keep these general terms and conditions, already viewed and accepted during the contract conclusion phase.
METHOD OF PURCHASE
The offers published on the site are available for a limited time and with a limited quantity of products. The validity date of the offers is indicated on the site.
All the prices indicated on the site are expressed in Euros and are inclusive of 22% VAT. This does not apply to UK customers. Please note that as a customer in the UK, you have a VAT obligation. You will be charged the local VAT rate on the order value. The courier company will charge this to you for delivery.
The products will remain the property of The Design Lover until the Customer has paid the purchase price and expenses. The Design Lover will process the purchase order only after receiving confirmation of the authorization to pay the total amount due as indicated in the order. The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein, in addition to the delivery costs specified on the site. Before submitting the purchase order, the unit cost of each selected product is summarized, together with the total cost in the event of the purchase of multiple products and the relative delivery costs.
Once the purchase order has been forwarded, the customer will receive an e-mail message from The Design Lover certifying the receipt of the purchase order and containing information relating to the main characteristics of the purchased good, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of the contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.
WooCommerce Payments service is used for online payments via a secure connection.
The customer can pay by credit card.
All major credit/debit cards are accepted, as well as Apple Pay, Google Pay, Giropay, Sofort, iDEAL, Bancontact, EPS and SEPA Direct Debit.
The available payment methods will appear at checkout if they are relevant to your location and device.
The customer can use the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by the customers. On the occasion of the first purchase, the user will be asked to communicate the data for the receipt header. If the invoice is deemed necessary, the customer is required to communicate it during the purchase process. In case of non-payment, The Design Lover will charge the costs related to the management of the outstanding payment to the customer and will refuse the relative purchase order, notifying it by email.
DELIVERY OF PRODUCTS
The purchased good is delivered by courier to the address specified by the customer when ordering online. The user is solely responsible for the address provided for shipping. Any specific needs must be proposed to The Design Lover by the customer. In case of impediments to delivery due to force majeure, The Design Lover will contact the customer by email to inform him of the delay in delivery times. The Design Lover cannot be held responsible for any delays due to facts of third parties and / or causes of force majeure.
In the event of non-delivery due to the absence of the recipient, at the address indicated by him in the order, the courier will leave a notice to certify the delivery attempt. The notice will indicate the data that the customer can use to contact the courier to define an appointment for the second delivery attempt, or to know the address of the UPS or FedEx branch. If within three days the recipient has not recontacted the courier in any way to define a method of collection or delivery, the package will remain in storage with the courier for 30 days. For this period, the courier will be entitled to request the customer to pay a flat-rate daily expense refund. After this period of storage has elapsed, the product will be returned to the sender and the contract will be considered terminated. The Design Lover will reimburse the amount paid by the customer net of the costs of delivery of the product not successful, of the custody costs and so on.
LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
The products sold on the site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of Legislative Decree 206/2005 of the Consumer Code, this guarantee is reserved for consumers.
The description of the products offered on the site is the one that the suppliers, under their own responsibility, have communicated to The Design Lover. The images and colors of the products published on the site may differ from the real ones due to the local settings of the systems and / or the tools used for their display.
The Design Lover is not responsible for the mismatch between the product published on the site and the one ordered, in the event that the mismatch derives from errors in the description attributable to the supplier and of which The Design Lover was not aware and could not be using it’s normal diligence.
The Design Lover is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The defect must be reported to The Design Lover, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered by sending an email to the following address: firstname.lastname@example.org
In case of lack of conformity of the purchased products with respect to the publication on the site, the user has the right to repair or replace the product, without any additional expense, where this is possible in relation to the number of products still available and unless the replacement or repair are not excessively burdensome for the seller in relation to the value of the goods, in the absence of a lack of conformity. Alternatively, the user has the right to terminate the contract or to reduce the price.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product, already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods. Products repaired, modified or altered in any way by the user are excluded from the Legal Guarantee.
Any breakdowns, malfunctions or other defects caused by accidental events or by the user’s responsibility or by a use of the product that does not comply with its intended use and / or as provided in the documentation are also excluded from the scope of the Legal Guarantee. technique attached to the product, if any, or in the instructions for use relating to the same. The conventional guarantees relating to the products sold are those provided by the manufacturer.
The products purchased on the site are subject to the regulations on the sale of consumer goods.
RIGHT OF WITHDRAWAL
On The Design Lover, the consumer has the right to withdraw from the contract, without indicating the reasons, within 21 days from the day on which he or a third party, other than the carrier and designated by him, acquires physical possession of the last good pursuant to ‘art. 52 of Legislative Decree n. 206/2005 as amended by Legislative Decree n. 21/2014.
To exercise the right of withdrawal, the customer is required to inform the seller at The Design Lover, Via Luigi Capriolo 7, 10139 Turin, email email@example.com of the decision to withdraw from this contract through an explicit declaration (for example a letter sent by post, fax or e-mail).
To end the contract, it is possible to use the withdrawal form which can be downloaded from our website in the Returns page. Pursuant to art. 57 Consumer Code the customer is required to return the goods without undue delay and in any case within 14 days from the communication of the withdrawal, using the courier selected by The Design Lover that made the delivery.
If the customer withdraws from the purchase contract, he will be reimbursed for all payments he has made to us, including delivery costs (with the exception of additional costs arising from your possible choice of a type of delivery other than the least expensive type of delivery standard offered by us). These refunds will be made using the same payment method used for the initial transaction, unless you have expressly agreed otherwise. Only the costs of shipping the goods to the warehouse will be charged to the customer.
The refund will be made within 14 days of being informed of the withdrawal decision. The consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The customer must send the product properly packaged in the original packaging to The Design Lover, Via Luigi Capriolo 7, 10139 Turin.
The Design Lover does not accept damaged returns, but kept in a normal state of conservation, kept with the use of normal diligence. Products damaged by detergents / additives, or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must insert a copy of the delivery document received inside the packaging box. The risks of transport for the return of the products are fully carried by the customer.
If the right of withdrawal is used for only part of the order, only the price of the returned products will be refunded. In case of partial withdrawal of the order, the customer who benefited during the initial order from free shipping for exceeding a minimum order value, may be charged for the shipping costs corresponding to the order placed if the latter is of lower value than the minimum purchase required to obtain free shipping.
On The Design Lover it is possible to buy some tailor-made products.
Pursuant to art. 59 letter c) of Legislative Decree 206/2005, the customer will not be able to exercise the right of withdrawal in the event of the sale of customized products.
EXPRESS TERMINATION CLAUSE
In the event of total or partial failure to pay the purchase price of the asset, The Design Lover reserves the right to declare pursuant to and for the purposes of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s electronic address.
For any complaint or clarification, the customer must write to the email address firstname.lastname@example.org. The customer will be contacted for clarification within 3 working days of the request.
APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law. The jurisdiction and forum for any legal action brought by the Buyer under this warranty or any further legal guarantees, pursuant to art. 66-bis of Legislative Decree 206/2005, will be the territorial jurisdiction is mandatorily attributed to the Consumer’s place of residence (or domicile). In case of victory of The Design Lover in a possible legal action, the plaintiff will have to reimburse The Design Lover the expenses, including the fees of the lawyers and the court costs, incurred by The Design Lover for its own defense.
Although not expressly provided for in this contract, the rules of applicable Italian law shall apply.
CONTENTS OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
The contents of The Design Lover, such as, by way of example, the works, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, diagrams, tools, fonts and web designs, diagrams, layouts, methods, processes, functions and the software, are protected by copyright and any other intellectual property right of The Design Lover and the other rights holders. The production, modification, duplication, copying, distribution, sale, or in any case the exploitation of the images, the contents of the Site is forbidden unless previously authorized by The Design Lover. Any use of the contents of the site for commercial and / or advertising purposes is also prohibited.
All other distinctive products that distinguish the products sold on the site are trademarks registered by their respective owners and are used by The Design Lover by virtue of a license, for the sole purpose of distinguishing, describing or advertising the products on the site. Any use of the aforementioned distinctive signs is not compliant with the law and, as unauthorized, is prohibited. It is in no way permitted to use any distinctive sign on the site to take advantage of the distinctive character or reputation of these or in such a way as to harm them and their owners.
In no case can the user alter, change, modify or adapt the site or the material made available by The Design Lover.