Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE, effective from XX/XX/2020

Preamble

This information notice is provided for the website "www.laserando.it" (hereinafter also referred to as "the Website") owned by Varies di Valerio Vetrano, in the person of its legal representative, Mr. Valerio Vetrano (Tax Code VTRVLR91L11F839Y), with registered office in Via Cetteo Ciglia n. 20, Pescara (PE) 65128, registered with the Chamber of Commerce of Pescara (REA PE – 149453) with VAT number 02048810689 (hereinafter also referred to as "the Company").

Art. 1. Scope of application

1.1 Any sale on the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (Consumer Code) and by Legislative Decree 9 April 2003, no. 70, containing provisions on e-commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Company on the Website and govern the offer, submission and acceptance of purchase orders. They therefore form an integral part of the contract for the purchase of any product. The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays.

1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Website. You are therefore invited to regularly access the Website and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Company who may be present on the Website via links, banners or other hyperlinks. Before engaging in commercial transactions with such parties, it is necessary to verify their terms of sale. The Company is not responsible for the provision of services and/or the sale of products by such parties. The Company does not carry out any control and/or monitoring on the websites accessible via such links. The Company is therefore not responsible for the content of such websites, nor for any errors and/or omissions and/or violations of law by them.

1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Company provides on the Website, including during the purchase process.

 

Art. 2. Purchases on the Website

2.1 Purchases on the Website:

• can also be made without registering on the Website;
• are permitted for both users who qualify as consumers and users who do not qualify as such.

The user may, in any case, register on the Website to subscribe to the Company's newsletter to receive promotions, initiatives and/or discounts directly. The data entered will be processed by the Company in compliance with and in observance of the provisions on personal data protection. For full details, please consult the Privacy Policy page.

2.2 Pursuant to Article 3, paragraph I, letter a), of the Consumer Code, it is recalled that "consumers" are natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.

2.3 In the case of orders, from whomever they come, that appear anomalous in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to stop the irregularities.

2.4 The Company reserves the right to refuse or cancel orders originating from:

• a user with whom the Company has an ongoing legal dispute;
• a user who has previously violated the General Terms and Conditions of Sale.

 

Art. 3. Information aimed at concluding the contract

3.1 In accordance with Legislative Decree 9 April 2003, no. 70, containing provisions on e-commerce, the Company informs you that:

• to conclude a purchase contract on the Website, you must fill out an electronic order form and transmit it to the Company electronically, following the instructions that will appear on the Website from time to time;
• the order form contains a reference to the General Terms and Conditions of Sale, information on the product(s) purchased, images of each product, where available, and the relative price including shipping costs and taxes, the payment methods that can be used, any billing details, the methods and times of delivery of the purchased products and the relative shipping and delivery costs, a reference to the rules for exercising the right of withdrawal and for returning goods in the cases provided for by these General Terms and Conditions of Sale;
• before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the Information on the right of withdrawal and the processing of personal data;
• the contract is concluded when the order form reaches the Company's server, after verifying the correctness of the data contained therein;
• once the order form has been received, you will be able to view an order confirmation and summary web page and/or the Company will send you, to the email address indicated, an order confirmation containing:
• the company's data
• information relating to the characteristics of the purchase;
• a reference to the General Terms and Conditions of Sale,
• the price indication;
• the indication of the payment method used;
• indication of any billing details;
• indication of shipping costs and delivery times; a reference to the rules for exercising the right of withdrawal;
• the ODR link;
• methods for correcting any errors in the order data;
• information on the possibility of accessing order details and storing the contract.

 

Art. 4. Availability of Products

4.1 The Products offered on the Website are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the purchase order has been transmitted.

4.2 Information regarding the availability of each Product is present within the Website.

4.3 You will be informed if the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of what is provided for in Article 61, paragraphs IV and V, of the Consumer Code, by using the appropriate form available at the following link, to be sent to the email address info@laserando.it or by registered letter with acknowledgment of receipt to the address Varies di Valerio Vetrano, Via Cetteo Ciglia n. 20, Pescara (PE) – 65128.

4.4 Alternatively, you may accept, always by contacting the Company at the email address info@laserando.it:

• if restocking is possible, an extension of the delivery terms, with an indication of the new delivery term.

4.5 If a refund is requested for the payment of Products that later proved unavailable, the Company will make the refund within a maximum of 20 days.

4.6 Should you exercise the right of termination referred to in Art. 61, paragraphs IV and V, Consumer Code, the contract is terminated; if payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Company will refund the Total Amount Due in accordance with the provisions of the article "Payment methods" infra.

 

Art. 5. Information Sheet

5.1 Each product is accompanied by an information page illustrating its main characteristics (Information Sheet). The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the IT systems or computers used by you for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the usual tolerances.

 

Art. 6. Prices

6.1 All prices of the Products published on the Website are expressed in Euros and are inclusive of Value Added Tax and do not include shipping costs, taxes, duties and duties possibly applicable in the destination country of the products, if different from Italy, which will be borne by the buyer. The price of the Products will be that indicated from time to time on the Website, unless there is a clear error. In the event of a clear error in the price indication, the Company will notify the buyer as soon as possible, allowing confirmation of the order at the correct amount or cancellation of the order. In any case, the Company will not be obliged to supply what has been sold at the erroneously indicated lower price.

6.2 The Company reserves the right to modify the price of the Products at any time, without prior notice, it being understood that the price charged to you will be that indicated on the Website at the time the order is placed and that any subsequent variations (upwards or downwards) after the transmission thereof will not be taken into account.

6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with its transmission.

 

Art. 7. Purchase Orders

7.1 The Company will ship the Products only after receiving confirmation of payment authorization or credit of the Total Amount Due. Ownership of the Products will be transferred to you upon shipment, understood as the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for a cause not attributable to the Company, will instead be transferred to you when you, or a third party designated by you and different from the carrier, physically take possession of the Products.

7.2 The purchase contract is subject to termination in the event of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

7.3 In order to submit a purchase order, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate box on the purchase process pages. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Website.

7.4.Order cancellation or modification is permitted within 24 hours of confirmation by the Company in the manner provided for in art. 3.1 and, in any case, before receiving confirmation of shipment. To cancel or modify the order, the customer must, within the aforementioned timeframe, send an email to info@laserando.it, specifying the reference number and any other useful information (company name, order date, etc.) to uniquely identify the order in question.

The Company will then send confirmation of cancellation/modification of the order and all information relating to the refund of any amount already paid.

 

Art. 8. Payment Methods

8.1 The following payment methods are accepted on the Website:

• Advance bank transfer.

The user is required to indicate the payment method they intend to use, from those offered.

8.2 It is also possible to make purchases on the Website using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Company. The latter is therefore unable to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.

In the case of payment via PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Website.

In case of termination of the purchase contract and in any other case of refund, for whatever reason, the refund amount due to you will be credited to the same PayPal account. The crediting times to the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the crediting order has been issued in favor of that account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, for which you must contact PayPal directly. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be credited to your PayPal account.

8.3 In case of payment by advance bank transfer, the ordered items will only be shipped upon actual crediting to the Company's current account, which, in any case, must occur within 5 working days from the order acceptance date, after which the order will be automatically cancelled.

The bank transfer's purpose must include the order identification (year, type, and order number), which is provided in the order confirmation.

The bank details for transfers are:

Account holder: Varies di Valerio Vetrano

IBAN: IT31 P030 6915 4611 0000 0005 224

BIC/SWIFT: BCITITMM

In any case, the order will be prepared and shipped by the Company upon actual crediting of the payment, within the aforementioned terms, for the product(s) and shipping costs.

It is understood that the failure or partial payment of the price within the terms indicated above will result in the automatic termination of the contract, communicated to the buyer with an email message, followed by the refund of any amount already paid as price.

8.4 Sales of goods completed through the Site to consumers (without a VAT number) are not subject to the obligation to issue an invoice according to Article 22 of Presidential Decree no. 633/72, nor to the obligation of fiscal certification (by means of a fiscal receipt or tax receipt) pursuant to Article 2, letter oo), of Presidential Decree 21 December 1996 no. 696, nor to the obligation of electronic storage and electronic transmission of daily receipts data pursuant to Article 1, paragraph 1, letter a) of Ministerial Decree 10 May 2019.

8.5At the time of placing the order, the user may request the issuance of an electronic invoice. The electronic invoice will be available in the reserved area of the Tax Agency's website or at the certified email address communicated by the user; a courtesy copy of the invoice will be made available to the user in the "My orders" section of the website (where it can be consulted and downloaded in PDF format).

8.6 The user may request the issuance of an invoice even after placing the order, but within 12 days from the date of shipment of the goods. In this case, the user must contact the Company by email at info@laserando.it or by calling 391-1209389.

8.7 For orders concerning multiple products, separate invoices may be issued based on the shipments made and the types of goods purchased.

 

Art. 9. Delivery of Products

9.1 There are no delivery limitations, except for cases possibly indicated on the Site and/or in the Product Sheet.

9.2 Shipping and delivery costs are at your expense, unless otherwise indicated during the purchase process and/or in other parts of the Site. An additional cost may be required for delivery to certain areas.

9.3 Delivery times may vary depending on the availability of materials in stock, transport, and customs clearance times. Delivery times typically range from 5 to 10 working days from the date the order is sent, unless otherwise stated in the product description and/or order confirmation.

Shipping times are to be considered indicative and not mandatory: any slight delays in the delivery of goods do not entitle the consumer or professional buyer to terminate the concluded online sales contract.

In the event that a specific delivery date is not indicated, delivery will, in any case, take place within thirty days from the date of conclusion of the contract.

If you are unable to be present at the time of delivery at the specified location, please contact us to arrange a new delivery date.

9.4 Once the ordered goods have been prepared, if delivery is not possible due to reasons not attributable to the Company, the order will be sent to the warehouse: in such an event, a notice will specify the location of the order and the procedures for arranging a new delivery.

9.5. In case of failure of the second delivery attempt agreed with the buyer, due to reasons not attributable to the Company, the order will be sent back to the warehouse, after issuing a notice containing the storage location and the Company's contact details, and will be stored there for a maximum period of fifteen days starting from the date of the failed delivery.

9.6 If, after the aforementioned fifteen days, the buyer does not go to the warehouse or does not contact the Company at the email address info@laserando.it, to arrange for collection or a new shipment (which shall, to all intents and purposes, be considered a "new shipment," with costs borne by the buyer), delivery shall be deemed completed for all purposes, and the Company shall no longer be obligated to perform any custodial duties, being exempt from any liability for potential damage to the goods, and with the buyer being charged for additional storage and/or destruction costs for the goods.

9.7 Should the Company fail, for reasons attributable to it, to fulfill its delivery obligation within the maximum term of thirty days from the order date or, in the case provided for in article 9.6, from the date of receipt of the Company's communication regarding the "new shipment," the user may terminate the contract and obtain a refund of the Total Amount Due in accordance with the provisions of the "Payment Methods" article, by using the appropriate form available at the following link, to be sent to the email address info@laserando.it or by registered mail with return receipt to Varies di Valerio Vetrano, Via Cetteo Ciglia n. 32, Pescara (PE) – 65128.

9.8It is your responsibility to check the condition of the delivered Product. Notwithstanding that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you other than the carrier, physically take possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet, or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation; otherwise, the products will be considered regularly delivered. If the packaging shows obvious signs of tampering or alteration, you should promptly notify the Company; otherwise, the products will be considered regularly delivered. In any case, the application of the rules on the right of withdrawal (if applicable to the Product) and the legal guarantee of conformity remains valid.

 

Art. 10. Right of Withdrawal

10.1 In the case of purchases made on the Site, unless otherwise indicated, the user purchasing as a "consumer" does not benefit from the right of withdrawal provided for by Article 52 of the Consumer Code with reference to the Product or Products indicated in this article. Indeed, the Site sells goods made to measure or clearly personalized (cf. art. 59, co. 1, letter c), Legislative Decree 6 September 2005, no. 206).

The right of withdrawal is excluded with regard to purchases concluded with buyers having a VAT number.

 

Art. 11. Legal Guarantee

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).

To whom it applies

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out.

When it applies

The Company is liable to the consumer for any lack of conformity of the Product that manifests itself within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date it was discovered, using the appropriate form available at the following link, to be sent to the email address info@laserando.it or by registered mail with return receipt to Varies di Valerio Vetrano, Via Cetteo Ciglia n. 32, Pescara (PE) – 65128.

Unless proven otherwise, it is presumed that defects of conformity that manifest themselves within six months of the 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 defect of conformity. From the seventh month following the delivery of the Product, however, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.

In order to benefit from the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purpose of such proof, to keep the purchase invoice or any other document that can attest to the date of the purchase (for example, the payment card statement) and the date of delivery.

In the event that non-conformity is ascertained, the consumer shall be entitled to obtain restoration of conformity of the products without charge, through repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent return of the price, by using the appropriate form available at the following link, to be sent to the email address info@laserando.it or by registered letter with acknowledgment of receipt to Varies di Valerio Vetrano, Via Cetteo Ciglia n. 32, Pescara (PE) – 65128.

The Company reserves the right to request photographic evidence before authorizing returns or exchanges for products alleged to be defective.

In the event of contract termination, the consumer will be required to correctly fill out the form available at the following link and follow the instructions contained therein; the goods must be returned intact, in their original packaging, complete in all their parts and complete with the attached shipping and fiscal documentation; the buyer is solely responsible for any decrease in value resulting from handling other than that "normal" and necessary to verify the nature, characteristics, and functioning of the goods; the Company, without prejudice to its right to verify compliance with the foregoing, will refund the consumer, within thirty days, the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional costs.

In case of a request for a price reduction, to be submitted using the appropriate form available at the following link, to be sent to the email address info@laserando.it or by registered mail with return receipt to Varies di Valerio Vetrano, Via Cetteo Ciglia n. 32, Pescara (PE) – 65128, the Company will refund the agreed reduction amount to the consumer.

In cases requiring the return of goods to the Company, the buyer must first fill out and send the form mentioned in the following link to the email address info@laserando.it or by registered mail with return receipt to Varies di Valerio Vetrano, Via Cetteo Ciglia n. 32, Pescara (PE) – 65128. Upon receipt of this form, and after verifying the order status, the Company will send the buyer, to the email address provided for the purchase, if the relevant conditions are met, a goods return form (also available at the following link) with related instructions, which must be included in the package to be returned to the Company.

The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.

The Company is not responsible for any damage, of any nature, resulting from improper use of the Product and/or use not conforming to the instructions provided by the manufacturer, nor for damages resulting from unforeseen events or force majeure.

 

Art. 12. Applicable Law and Competent Court; Out-of-Court Dispute Resolution – Alternative Dispute Resolution/Online Dispute Resolution

12.1 Purchase agreements concluded through the Site are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved. Any disputes inherent in and/or arising from the interpretation, execution, and termination of these General Terms and Conditions of Sale must be resolved by the Italian judicial authority.

For the resolution of the aforementioned disputes, if the client is identifiable as a "professional" (by "professional" is meant, pursuant to art. 3, letter c, Legislative Decree 06/09/2005 n. 206, "the natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or their intermediary"), the latter accepts the exclusive jurisdiction of the Court of Pescara.

12.2 Please remember that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is exclusively competent.

12.3 Pursuant to art. 141-sexies, paragraph 3, of the Consumer Code, the Company informs the user who qualifies as a consumer as per art. 3, paragraph 1, letter a) of the Consumer Code, that, should they have submitted a complaint directly to the Company, which did not resolve the dispute, the Company will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

12.4 The Company also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online consumer dispute resolution (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, consumer users can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

12.5 In any case, the consumer user's right to appeal to the competent ordinary court for disputes arising from these General Terms and Conditions of Sale is reserved, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

12.6 Users residing in a European Union member state other than Italy may also, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, access the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, duties and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

 

Art. 13. Customer service and complaints

It is possible to ask for information, send communications, request assistance or submit complaints by contacting the Company in the following ways:

• by filling in and sending the form available at the following link "Contacts";
• by email, at the following address: info@laserando.it.

The Company will respond to complaints submitted within 3 days of receipt.

 

Art. 14. Data processing

The personal data requested during the order submission phase are collected and processed in order to satisfy the user's explicit requests. User data will be processed in accordance with the provisions of the personal data protection legislation, as specified in the specific section containing the Information notice pursuant to Article 13 of EU Regulation 2016/679 (Privacy policy), to which full reference is made.

Contacts:

The Company can be contacted, through the contact form on the website, at the following addresses:

Varies di Valerio Vetrano

Via Cetteo Ciglia n. 20 – Pescara (Pe) – 65128

Phone: 391-1209389

Email: info@laserando.it

These General Terms and Conditions of Sale were drafted on 22/05/2020.