General conditions
WELCOME to the LF circuit STORE, managed by Barbara Lerici’s LuccaFan. Users are invited to carefully read this document, which contains important information for the correct use of the e-commerce platform under the luccafan.com or luccafan.it domains. This document constitutes a binding contract between users and the platform operator.
PREMISES
The digital platform hosted on this subdomain of luccafan.com or luccafan.it is a virtual space that allows you to display and sell products online to interested consumers. The sales platforms under the domains luccafan.com and luccafan.it are operated by Luccafan di Barbara Lerici, with registered office at Via Pietro Cossa 293/7, 10151 Turin, Tax Code LRCBBR87A48L219C, VAT No. 10881610017, Economic and Administrative Index (REA): TO–1324521.
These preambles form an integral part of this contract.
1. DEFINITIONS
The definitions given below may be used interchangeably in the singular or plural. Terms denoting one gender include the other gender.
- “Luccafan”, “Manager” or “Owner”: The sole proprietorship Luccafan of Barbara Lerici mentioned above
- “Payment Service Provider“: This refers to the payment gateway selected at the time of purchase on the payment provider’s checkout page. There may be more than one Payment Service Provider and they may change over time. Those recognized as the primary providers available for payments on LuccaFan include:
– PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
– Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland
– Klarna AB (publ), Sveavägen 46, SE-111 34, Stockholm, Sweden
– Satispay Europe S.A., Registered Office: B229149, Luxembourg. Boulevard Royal, L-2449 Luxembourg. Satispay Italy S.p.A., Company Tax Code: 12408640964. Piazza Fidia 1, 20159 Milan. - “Site” or “Portal”: the website corresponding to the address of this page and under the domains luccafan.com or luccafan.it.
- “Tracking Number”: The identification number of a shipment associated with a specific order. An order can have multiple Tracking Numbers, or multiple shipments.
- “Display Name”: The name chosen by the User to display publicly on the site. For example, in a review.
- “Order”: request to purchase the Products addressed to the Sellers.
- “Services”: the services provided by Luccafan, in particular the use of the Portal and its features.
- “Terms of Use” or “General Conditions”: these general conditions that govern the use of the Site and the procedures to be followed for the purchase of the Products.
- “User”: the natural person who, as a consumer, uses the Portal to purchase Products from registered Sellers, in the manner indicated in these General Conditions.
- “Sale” means the sales contract concluded online between the Buyer and the Seller.
- “Seller” or “Exhibitor”: the natural or legal person from whom the Products can be purchased.
2. OBJECT OF THE CONTRACT AND EFFECTIVENESS
2.1 These General Conditions and the other documents referred to herein contain the rules of conduct that users must comply with in order to use the Portal and purchase Products therein. By accessing and using the Site, the User accepts these General Conditions in their entirety and without exception.
3. HOW TO ACCESS THE SITE AND REGISTER FOR AN ACCOUNT
3.1 Users wishing to purchase a Product must complete the registration process for a personal account or, alternatively, provide the required billing and shipping information to be associated with the order without creating an actual account on the site. By registering an account or providing order information, the User confirms that they are at least 18 years of age, or at least the age required to purchase the Products.
Registering an Account, or creating an order without an account, is subject to confirmation of having read and accepted this Agreement.
3.2 Each User may log in with their own authentication credentials. It is the User’s responsibility to create a secure username and password and keep them confidential.
3.3 The User is fully responsible for maintaining the correct security of their authentication credentials. If they believe their login credentials have been used unauthorizedly, they must immediately contact the Manager at [email protected].
4. PURCHASE PRICES OF PRODUCTS
4.1 Product prices and shipping costs will be indicated on each product page. Shipping costs will be charged to the Buyer, except in the case of free shipping methods. Before completing the purchase, the Buyer must carefully check all information relating to the Products, from the purchase price to delivery times, and specifications.
4.2 All Product sales prices published online may be subject to revision at any time. Any changes will not affect Orders already processed.
5. CONCLUSION OF THE PURCHASE CONTRACT AND PAYMENT OF THE FEE
5.1 Registering an account and using the Site are free. The purchase of Products requires advance payment to the Owner.
5.2 The Buyer may select the desired Product, add the quantity of Product to the virtual cart, enter the delivery address and complete the checkout with payment in favor of the Owner using the payment tools integrated into the Site.
5.3 Before the transaction is completed, the User has the right to double-check and correct the data entered in the purchase form.
5.4 The purchase will take place electronically by selecting the box accepting these General Conditions and subsequently pressing the virtual payment button with which the Buyer will confirm the wish to conclude the Sale and pay the price of the Products.
5.5 Upon receipt of the order, the software used to operate the Site will automatically send a confirmation email summarizing the order received, including the information required by Article 49, paragraph 1 of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”). This email shall be considered as confirmation of the order.
5.6 The Sales contract will be deemed concluded when the Buyer receives the order confirmation email from the Site.
6. DUTIES OF THE PURCHASER
6.1 The Buyer assumes full responsibility for the accuracy and truthfulness of the data entered on the Portal, particularly during the purchase phase.
6.2 For any information relating to the right of withdrawal, guarantees, shipping of the Products and more generally for any aspect of the sale of the Products, the User is required to request information via the messaging tools provided by the Site.
6.3 The Buyer assumes full responsibility for the accuracy and truthfulness of the information provided in the reviews. Furthermore, the Buyer undertakes to describe a direct experience with the purchase and the Seller.
7. ROLE AND RESPONSIBILITIES OF THE MANAGER
7.1 The Operator cannot guarantee the uninterrupted operation of the Site or the absence of malfunctions of any kind, nor that it will be able to correct all defects or malfunctions that may occur during its use. However, while it cannot guarantee the absence of defects or malfunctions in its own or third-party software that may cause delays, interruptions, or suspensions in the use of the Portal, the Operator will use all reasonable efforts to intervene in order to restore full functionality.
7.2 In particular, access to the Site and Services may be temporarily interrupted for maintenance. In the event of maintenance, the Owner undertakes to post advance notice directly on the Site, indicating the time slot for the intervention if scheduled. However, extraordinary maintenance due to problems cannot be reported, as it is unscheduled.
7.3 The Site may contain hyperlinks to third-party websites. The User is aware of and assumes all risks associated with the use of links that may redirect to external sites over which the Operator has no control. The Operator declines any responsibility for the accuracy and type of content contained on such websites.
7.4 The processing and delivery times indicated on the Site are indicative only and not guaranteed, due to the many variables at play, with particular but not exclusive reference to the courier’s delivery phase. LuccaFan cannot be held liable, for any reason whatsoever, if the Goods are not delivered within the terms indicated above.
7.5 Il Gestore non si assume nessuna responsabilità per ritardi nella consegna della merce dovuti a caso fortuito o forza maggiore, nonché in caso di scioperi, eventi atmosferici, festività particolari, modifiche ai sistemi informativi e altri eventi straordinari; essi sono idonei a cagionare tempi superiori a quelli indicativi nell’evasione degli ordini, anche nell’ordine di diversi giorni.
7.6 The Operator is not responsible for any breakdowns, breakages, tampering and shortages that may occur by transport or couriers. The Operator is exempt from any responsibility in the event of loss and/or damage to the products caused by transport or inaccurate handling. It will be the User’s responsibility to verify the integrity of the packaging, the presence of all the packages requested in the order, and accept with written reservation in the transport document if these are damaged or tampered with.
8. INTELLECTUAL PROPERTY
8.1 The Manager is the exclusive owner of the “Luccafan” trademark, the domain name and related subdomains and the Site, as well as any logo, image and distinctive sign used by the same.
8.2 The User does not acquire any right with respect to computer programs, databases, information, news and other data, as well as images, logos, trademarks and any other distinctive sign used by the Operator within the Website.
9. MODIFICHE ALLE CONDIZIONI GENERALI
The Operator may make changes to this Contract at any time for technical or commercial reasons. It is the User’s precise duty, regardless of whether or not they have received a communication to that effect, to regularly check the date of the last update indicated at the bottom of the Contract. Any User who does not intend to accept any changes may terminate their Account and cease using the Portal.
10. PROCESSING OF PERSONAL DATA
10.1 The Manager, pursuant to Legislative Decree no. 196 of 30 June 2003 and EU Regulation 2016/679, declares to process personal data for the purposes inherent in the execution of this Contract and the fulfilment of legal and contractual obligations deriving from it, as data controller.
10.2 For more details on the collection, processing, storage of personal data, including, but not limited to, the purposes for which personal data are processed, the legal basis and details of the rights that can be exercised by Users, please refer to the information on the processing of personal data published on the Site.
10.3 The Operator collects and processes the personal data of Users every time it receives a purchase request through the Site.
11. COMMUNICATIONS
11.1 Except in cases expressly indicated – or established by legal obligations – communications between the Manager and Users shall preferably take place by e-mail or certified e-mail to their respective electronic addresses.
11.2 The Registered User undertakes to communicate, during the validity of this Contract, any change to his/her contact e-mail address. In the event of failure to communicate the change, all communications that will be made on the basis of the old address will be fully effective and valid.
11.3 The Operator may send a series of emails to the Buyer, shortly after an order, to request a review of the product ordered and how it perceived the seller’s quality of the product. This email is an invitation to enter information about their shopping experience. By submitting the review, through the tools provided by the Operator, the Buyer agrees to publicly display the information submitted, including the Display Name.
12. GOVERNING LAW AND JURISDICTION
12.1 In the event of any dispute arising out of or in connection with this Agreement, the parties agree to seek a fair and amicable settlement among themselves.
12.2 For the resolution of any dispute concerning the validity, interpretation, execution and termination of these General Terms and Conditions, Italian law will be applied and the Court of Turin will have exclusive jurisdiction to decide, without application of the conflict of law rules.
12.3 If the User is a consumer pursuant to the Consumer Code, the competent court to decide any disputes will be the court of his/her residence.
12.4 In accordance with EU Regulation of the European Parliament and of the Council No. 524/2013, we provide the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Last modified date: 10 December 2024
