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Applicable law and dispute resolution

These General Conditions of Use are governed by Italian law. In the event of disputes arising from the General Conditions of Use, the user may access the online dispute resolution platform provided by the European Commission through the link https://webgate.ec.europa.eu/odr .

General Conditions of Sale

These general conditions of sale (hereinafter “General Conditions of Sale”) regulate the offer and sale of products on this website sergiorossi.com (hereinafter “Site”).

The products purchased on the Site (hereinafter “Products”) are sold directly by Fashion Profile di Luca Lubello, with headquarters in Florence (FI), via Nicola Pisano 11, 50143, no. REA FI-665391, CF LBLLCU82D14B963O and VAT number 06909860485, (hereinafter “Seller”).

Applicability of these General Conditions of Sale

1.1. These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for Products on the Site between consumer users of the same (hereinafter the “Consumer”) and the Seller.

The General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller that are present on the Site via links, banners or other hypertext links. It is the Consumer's responsibility to verify the conditions of sale before placing orders and purchasing products and services from parties other than the Seller. The latter is therefore not responsible for the supply of services by third parties or for the conclusion of agreements via telematics between the Consumer and third parties.

1.2. Through the Site, the Seller offers the Products for sale and carries out its e-commerce activity exclusively towards its end users who are "consumers", i.e. natural persons who act for purposes not related to any commercial, entrepreneurial or professional activity they may carry out.

The Seller, therefore, reserves the right not to process orders from persons other than the "consumer" or in any case orders that do not comply with its commercial policy.

1.3. In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale. Failure to accept the General Conditions of Sale will make it impossible to make purchases on the Site.

Conclusion of the contract between Consumer and Seller

2.1. The language available for concluding the contract with the Seller is Italian.
2.2. Purchase requests from countries not included among those indicated will not be accepted.
2.3. The Consumer who intends to place a purchase order for one or more Products on the Site, in order to conclude the purchase contract, must complete the order form in electronic format and send it to the Seller, electronically, following the relevant instructions.
2.4. The order form contains a reference to these General Conditions of Sale and to the Information on the Right of Withdrawal, as well as a summary of the information on the essential characteristics of each Product ordered and the relative price (including all applicable taxes or duties), the accepted payment methods and the delivery methods of the purchased Products, the shipping and delivery costs, the conditions for exercising the right of withdrawal and the methods and times for returning the purchased Products.
2.5. Before proceeding with the purchase of the Products, by transmitting the order form, the Consumer is required to carefully read the General Conditions of Sale and the Information on the Right of Withdrawal, which he/she may also print, save or make a copy of for personal use.
2.6. Before proceeding with the transmission of the order form, the Consumer may identify and correct any data entry errors.
2.7. By sending the order form, the Consumer declares to have understood and accepted the content of the same, as well as the General Conditions of Sale and Use of the Site. Failure to fully accept such content and legal notes will result in the order being inadmissible.
2.8. Product prices may be subject to updates. The Consumer is required to verify the final sale price before submitting the relevant order form.
2.9. The contract is considered concluded upon receipt by the Seller, electronically, of the order form, after verifying the correctness of the data relating to the order.
2.10. The Seller reserves the right not to process purchase orders that are incomplete or incorrect, that do not provide sufficient guarantees of solvency or in the event of unavailability of the Products. In these cases, the Seller will promptly and in any case within 14 days from the day following the day on which the order was sent to the Seller, inform the Consumer by email that the contract has not been concluded and that the Seller has not followed up on the purchase order, specifying the reasons. In the event that the Consumer has already forwarded the order form and paid the price, the Seller will refund the amount paid.
2.11. If, due to misunderstandings or other inconveniences, the price indicated on the site is lower than the correct selling price of a product, the Consumer will be contacted by the Seller to verify whether he still wishes to purchase the product at the correct price. Otherwise, the order may be cancelled by the Seller.
2.12. Once the contract has been concluded, the Seller will take charge of the purchase order and will send the Consumer, via email, a receipt of the purchase order, which will report the information already contained in the order form (reference to the General Conditions of Sale and Information on the right of withdrawal, information relating to the essential characteristics of the Product and the detailed indication of the price (including all applicable taxes or duties), the means of payment and delivery costs).
2.13. The order form will be stored in the Seller's database for the period of time necessary to process the orders and in any case in compliance with the terms of the law. The Consumer will be able to view the orders placed by accessing his profile and consulting the appropriate section of the Site.

Characteristics of the goods for sale

3.1. Only original Products bearing the Lubello brand and purchased directly by the Seller from Fashion Profile di Luca Lubello and/or manufacturers authorised by the same are offered for sale on the Site.
3.2. The essential characteristics of the Products on the Site are presented within each Product sheet. The images and colours of the Products offered for sale may however not correspond exactly to the real ones due to the Internet browser and/or monitor used.
3.3. The Seller provides the legal guarantee of conformity on the Products as provided for by Title III of Part IV of Legislative Decree 6 September 2005 n. 206 (so-called Consumer Code). This guarantee provides that the Seller is responsible for defects of conformity on the products sold that become apparent within 2 (two) years of delivery of the products. To benefit from the guarantee of conformity, the Consumer, under penalty of forfeiture, must report to the Seller any defect in the purchased Product within 2 (two) months of its discovery. In the event of a defect of conformity reported within the terms provided, the Consumer may ask, at his choice, the Seller to repair the goods or replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other. The Consumer may also request, at his/her discretion, an appropriate reduction in the price or termination of the contract in cases where repair and replacement are impossible or excessively expensive, the Seller has not repaired or replaced the goods within a reasonable time or the replacement or repair previously carried out has caused significant inconvenience to the Consumer. In order to benefit from the guarantee of conformity, it is recommended to keep and exhibit the purchase documents of the Product. For more information on the legal guarantee of conformity for consumers, please consult the Consumer Code.

Payments

4.1. The payment methods for the price of the Products and the related shipping and delivery costs are indicated in the order form and constitute an integral part of these Conditions of Sale.

4.2. In the event that payment by credit card is chosen, the financial information (for example, the credit/debit card number or its expiration date) will be forwarded, via encrypted protocol, to banks or companies that provide the relevant remote electronic payment services, without third parties being able to access them in any way. Furthermore, such information will never be used by the Seller except to complete the procedures relating to the purchase for which they are provided and to issue the relevant refunds in the event of any returns of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged at the time of purchase.

4.3. If the Consumer chooses to pay by cash on delivery, a supplement of €4 is required.

Shipping and delivery of Products

5.1. The Products ordered on the Site are shipped via express courier. The delivery times indicated on the “Shipping” page include only working days and do not include holidays. For Products that have been made to measure or personalized; the delivery time may also be 5-6 weeks.

5.2. The Site should be able to automatically recognize the country from which the Consumer is connecting but it is possible to change the country of reference of the Site.

5.3. The order must be made directly from the site of the country in which the purchased Product will be delivered. Orders placed from the site of a country other than the destination country, or to an address not accepted by the Seller's courier (PO Boxes and Poste Respite), will be automatically cancelled.

For Italy only, the Site is not authorized to ship to Livigno, Campione d'Italia, S. Marino and Vatican City.

Right of withdrawal

6.1. The Consumer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 days from the day of receipt of the Products purchased on the Site.

6.2. To exercise the right of withdrawal, the Consumer must proceed as follows:

– via the Site, access the section relating to orders placed and fill in the return form, sending it to the Seller electronically and ensuring that all the conditions set out in this article have been respected;

– return the Products to the Seller by handing them over to the courier for shipment, according to the methods indicated in the following paragraphs;

– wait for confirmation of acceptance of the return by the Seller and the consequent refund.

6.3. Alternatively, the Consumer may send written and explicit communication of the decision to withdraw, providing his/her contact details (name, surname, address and e-mail), the order and receipt dates of the Products, the order number and the related Products purchased; for this purpose, he/she may optionally use the standard withdrawal form in Annex I of Legislative Decree 21 February 2014, n. 21 (not mandatory). The withdrawal communication may be sent to the Seller via:

– mail: Fashion Profile by Luca Lubello, Via Nicola Pisano 11, 50143, Florence (FI), or

– e-mail: customer@lubellofirenze.com .

6.4. If the Consumer decides to use the carrier indicated by the Seller in the return form, the payment of the costs of returning the purchased Products will be made directly by the Seller and subsequently deducted from the refund. In this case, the Consumer will have to bear the cost of returning the purchased Products.

6.5. However, in the event that the Consumer decides to use a different shipping agent than the one indicated by the Seller in the return form, the costs of returning the purchased Products will be borne by the Consumer.

6.6. The right of withdrawal – in addition to compliance with the terms and conditions described in the previous points – is considered to be correctly exercised if the following conditions are also fully respected:

– the return form must be correctly completed and sent to the Seller within 14 days of receipt of the Products you intend to return; – the Products must not have been used, worn, washed or damaged, nor, in any case, must they have been altered in their essential and/or qualitative characteristics;

– the Products must be returned in their original packaging;

– the identification tag of each Product must be inserted inside the package that is returned to the Seller as it constitutes an integral part of the goods;

– the returned Products must be delivered to the carrier within 14 days from the date on which the Consumer sent the relevant return form to the Seller.

6.7. The right of withdrawal cannot be exercised for:

– Products that have been made to measure or personalized;

– Products which are liable to deteriorate or expire rapidly;

- Products purchased in pre-order;

– sealed Products which are not suitable for return for hygiene or health protection reasons and which have been opened after delivery;

– Products which, after delivery, are inseparably mixed with other goods.

It is understood that the exclusion of the right of withdrawal referred to in the preceding points does not affect the guarantees of legal conformity and for defects of the Product sold for the protection of the Consumer.

6.8. In case of exercising the right of withdrawal, it is not possible to directly replace the chosen Product with another;

In order to purchase a new Product, the Consumer must place a new order that is separate from the previous one.

6.9. If the methods and terms for exercising the right of withdrawal, as specified in this paragraph, are not respected, the Consumer will not be entitled to a refund of the sums already paid to the Seller; however, he may obtain, at his own expense, the Products in the state in which they were returned to the Seller. Otherwise, the Seller may retain the Products, in addition to the sums already paid for their purchase.

Refund times and methods

7.1. After the Products have been returned, the Seller will carry out the necessary checks regarding their conformity to the conditions and terms indicated in paragraph 6. In the event that the checks are concluded positively, the Seller will send the Customer, via email, the relevant confirmation of acceptance of the returned Products and will proceed to refund the price of the returned products.

7.2. Whatever the payment method used by the Consumer, the refund is activated by the Seller, after verifying the correct execution of the right of withdrawal, in the shortest time possible and in any case within fourteen (14) days from the date on which the Seller received the notice of withdrawal.

7.3. The Seller will refund using the same means of payment used by the Consumer for the initial purchase, unless the latter has expressly agreed otherwise. If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, will be made by the Seller, in any case, to the person who made the payment.

7.4. The value date of the re-credit is the same as the debit; consequently there will be no loss in terms of bank interest.

Privacy

8.1. The Consumer can obtain information on the processing of personal data by accessing the Privacy Policy.

8.2. The General Conditions of Use also contain important information on the processing of Consumers' personal data and on the security systems adopted.

8.3. For any other information on the Privacy Policy, you can contact the following email address directly: info@lubellofirenze.com .

Applicable law and dispute resolution

9.1. The General Conditions of Sale are governed by Italian law and in particular by the provisions of Legislative Decree no. 206 of 6 September 2005, containing the “Consumer Code”, with specific reference to the provisions regarding distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.

9.2. In the event of disputes between the Seller and each Consumer, arising from the General Conditions of Sale, the Consumer may access the online dispute resolution platform provided by the European Commission through the link https://webgate.ec.europa.eu/odr .

Edit and update

10.1. These General Conditions of Sale may be modified, also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site. Consumers are therefore invited to regularly access the Site and consult, before making any purchase, the most updated version of the General Conditions of Sale.

10.2. The General Conditions of Sale applicable to each contract concluded through the Site are those in force on the date of sending the purchase order.

Customer Service

11.1. The Consumer can request any information through our assistance services: contact Customer Service.

11.2. It is also possible to contact the Seller by email at the following email address: customer@lubellofirenze.com .

Pre-order Conditions

Definition

A pre-order is the reservation of a product not yet available but soon to be released on the Site. For each pre-order product, the estimated shipping date will be indicated within the relevant product sheet.

Mixed orders that include available products and pre-order items will result in shipments at different times with shipping costs charged for only one shipment.

The order containing multiple pre-order products, if they are not available at the same time, will result in shipments at different times with shipping costs charged for only one shipment.

How to pre-order

A product available for pre-order is displayed on the relevant page of the Site with the button labeled “pre-order”. By clicking on “pre-order”, the product is added to the cart. Once the booking procedure is completed, the pre-order will be confirmed via email.

The purchase of pre-order products can only be made by credit card and, therefore, to complete the pre-order, it will be necessary to enter the credit card details.

The price of the products purchased and the related shipping costs indicated at the time of booking will be charged to the credit card at the conclusion of the order.