Terms and Conditions

Introduction

These Terms and Conditions of Sale describe the procedures for online sales on the Seller's website of products bearing the “Lovable” brand and its sub-brands in accordance with current legislation on distance contracts.

Before placing an order, users are invited to carefully read the Terms and Conditions of Sale, the information on the Right of Withdrawal, and the Privacy Policy and to accept them.

Please read our Privacy Policy in order to understand how we collect and use the personal data of users of the online store.

Identification of the seller

The seller is Lovable Italy S.r.l. with registered office in Via Boschetti n. 53/55, 24050, Grassobbio (BG), Italy, VAT number and tax code 05066040964 (hereinafter referred to as the “Seller” or “we”).

Contact

For any information, assistance, or questions about online purchasing, warranties, returns, or anything else, users can contact customer service at the following email address: contact@lovable.it or by calling +39 035 335354, Monday through Friday from 9 a.m. to 6 p.m., except on holidays.

Definitions

• Customer or You: the consumer who is a natural person, resident in Italy, of legal age, who makes the purchase for purposes not related to any commercial, entrepreneurial, or professional activity.
• Terms and Conditions of Sale: these are all the terms and conditions of sale on the Website. These Terms and Conditions of Sale may be subject to change from the date indicated on the Website from time to time. Any changes to these Terms and Conditions of Sale will apply to orders placed from the effective date of the change, as better indicated in the paragraph “Changes to the Terms and Conditions of Sale” below.
• Online sales contract: this is the contract of sale relating to the Products, entered into between us and the Customer as part of a distance selling system using electronic means.
• Purchase order: this is the Customer's purchase order in electronic format, made in accordance with the procedure indicated in the Terms and Conditions of Sale, which constitutes a contractual proposal by the Customer to purchase the Products.
• Institutional packaging: this refers to the cases, booklets, tags, commercial guarantees, and/or certificates of authenticity of the Products.
• Products: these are the products bearing the “Lovable” brand and its sub-brands.
• Website: this refers to the Seller's website on which the Products are sold.
• Territory: this refers to the Italian Republic.

Personal Account

In order to place an order, the Customer must create a personal account. The Customer is responsible for keeping their password confidential and preventing third parties from accessing it. The Customer also agrees to be responsible for any activity and any purchase made using their account.

Subject of the Online Sales Agreement

With the Online Sales Agreement, the Seller sells and the Customer purchases the Products, as part of a distance selling system using electronic means on the Website.

The information contained on the Website does not constitute an offer by the Seller.

The Website does not contain all the Products in the “Lovable” catalog. The Products represent a selection of items normally available in stores that sell ‘Lovable’ products. Not all Products described on the Website are or will be available in all stores that sell “Lovable” products.

All Products are subject to availability at the time of purchase. The Seller reserves the right to change, at any time and without notice, the limits on the quantities and/or types of Products that can be purchased online on the Website, as well as the style, models, and colors of the Products described on the Website.

The images of the Products on the Website may differ from reality due to the Internet browser and/or monitor used. For any information on the Products, the Customer may contact the Seller's customer service at the landline number +39 035 335354 or send an email to contact@lovable.it.

The Products available on the Website may only be purchased by Customers who request delivery within the Territory.

Prices

All sales prices of the Products indicated on the Website are expressed in Euros.

The prices of the Products include VAT and any other taxes (if applicable) and do NOT include shipping and handling costs and the costs for additional services, which will be highlighted in the product description.

Shipping and handling costs and the related VAT or other applicable taxes will be available in the order confirmation email and can be viewed on a summary screen before finalizing the order. Shipping costs depend on the shipping method chosen by the Customer when placing the order.

The prices applied are those indicated on the Website at the time of the Customer's purchase order.

The Seller reserves the right to change the prices of the Products, shipping costs, and costs for additional services without prior notice. Before submitting the purchase order, the Customer is invited to check the final price indicated in the Product description.

Any new prices, shipping costs, and costs for additional services will only be applied to purchase orders received after their publication on the Website.

The Seller verifies that the prices indicated on the Website are correct, but does not guarantee that there are no errors. In the event that an error is found in the price of a Product, the Seller will contact the Customer at the email address provided by the Customer to give them the opportunity to reconfirm the order for the Product at the correct price or to cancel it.

Product purchase process

In order to purchase Products, the Customer must:

• have read and accepted these Terms and Conditions of Sale;
• provide their name, address, telephone number, email address, payment method details, and any other information that may be requested;
• provide a delivery address (Note: the Seller does not deliver to certain locations, such as PO boxes, foreign military bases, prisons, etc.); and
• be the legitimate owner or holder of a valid credit card to purchase the Products if paying by credit card.

The Customer may make purchases by following the instructions on the Website as a registered user.

Before submitting an order, the Customer must carefully read and accept the Terms and Conditions of Sale, the information on the Right of Withdrawal, and the Privacy Policy. The Customer will be asked to print a copy of these documents and to store or reproduce a copy for their personal use.

To purchase the Products, the Customer must place the Products in the appropriate “shopping cart” and select the desired payment method.

Before proceeding with the transmission of the purchase order, the Customer will be asked to identify and correct any data transmission errors and to accept the Terms and Conditions of Sale, with particular reference to delivery costs, any costs for additional services, and the information on the Right of Withdrawal.

All purchase orders sent to the Seller must be completed in all their parts and all the data indicated must be correct.

The purchase order sent to the Seller is considered a contractual proposal by the Customer.

By sending the purchase order, the Customer unconditionally accepts the Terms and Conditions of Sale and confirms that they are aware of and accept the additional information contained on the Website, including via links, such as the General Terms and Conditions of Use, the Privacy Policy, and the Right of Withdrawal.

Upon receipt of the purchase order, the Seller will automatically send an email to the email address indicated by the Customer in the Purchase Order confirming receipt of the order - which does NOT constitute acceptance of the Purchase Order - in which the Customer is only confirmed that the order has been received and that it has been subjected to a process of data verification and availability of the requested Products.

The Seller undertakes to do its utmost to ensure the availability of the Products on the Website. This undertaking is based on the principles of “first in, first out” (first in, first out) and available stock.

The online sales contract is considered concluded and binding for both parties when the Customer receives confirmation by email from the Seller that their order has been accepted and consequently shipped (“Shipping Confirmation Email”).

The Customer must immediately check the content of the communication and immediately report any errors or omissions to the Seller by sending an email to the Seller's customer service at contact@lovable.it.

Notwithstanding the above, the purchase order sent by the Customer shall be deemed invalid and ineffective, and will not be accepted by the Seller, if the Seller has reasonable and well-founded grounds to believe that the Customer:

1. intends to purchase the Products not for personal use but for purposes related to their own or others' business or professional activities. All purchase orders placed must correspond to normal consumption needs, both in relation to the number of Products purchased with a single purchase order and in the case of multiple orders for the same Product, even if each purchase order includes a quantity of Products corresponding to normal consumption needs; or
2. uses false or fictitious names in the purchase procedure in violation of the provisions of the previous paragraph entitled “Product Purchase Process.”

In such cases, the online sales contract shall be deemed not to have been concluded and the Seller shall send the Customer, by email, a communication certifying the non-acceptance of the Purchase Order and the non-conclusion of the contract, canceling any charges and/or expenses payable by the Customer.

Once the online purchase procedure has been completed, the Customer must print and keep the purchase order, order confirmation, and Terms and Conditions of Sale.

Each purchase order sent will be stored in the Seller's database. The Customer may access their purchase order at any time to monitor its status by connecting to the Website and accessing the “My Account” section using their email address and password, then selecting the “My Orders” option. To monitor the shipment, the Customer must click on the appropriate link.

The purchase order, the Seller's order confirmation, and the Terms and Conditions of Sale will be stored electronically by the Seller in its computer systems, and the Customer may request a copy by sending an email to customer service at contact@lovable.it.

Ownership of the goods

All purchase orders are fulfilled by delivery. Following the Seller's Shipping Confirmation email and the related payment by the Customer, ownership of the goods covered by the purchase order will be transferred from the Seller to the Customer.

Payments

Payments for purchase orders must be authorized and will be made when the Seller sends the Shipping Confirmation email as defined above.

All payments by the Customer may only be made by credit card, Google Pay, PayPal, or Klarna (the installment payment system that will only be available for orders of €35 or more).

Payments made by credit card are made through a secure connection, directly linked to the Adyen banking system, owner and operator of the online payment service with which the Seller has an agreement. The Seller does not have access to its Customers' credit card details and cannot be held responsible for any fraudulent use of the card. These details are received directly and exclusively by the banking institutions that authorize the payment, which then simply communicate the outcome to the Seller.

If, for any reason, it is impossible to charge the amounts due by the Customer, the Seller will send a notification of non-acceptance of the purchase order to the email address provided by the Customer. The purchase process will be automatically canceled and the online sales contract will be considered void.

Any refunds to the Customer will be credited using the same method used by the Customer to make the purchase.

The Seller will send a notification email once the refund has been made to the email address provided by the Customer in the purchase order.

Invoicing

For each purchase order, the Seller will make the relevant proforma invoice available in electronic format in the “My Account” section.

Delivery times and methods

The Seller will deliver the Products to the Customer via trusted couriers from Monday to Friday, excluding Saturdays, Sundays, and public holidays.

Standard delivery times are on average 2-5 days, and express delivery times are 1-3 days from the date of receipt of the Shipping Confirmation email. The delivery times indicated are purely indicative.

Except in cases of force majeure or unforeseeable circumstances, delivery times shall not exceed 30 days from the day following the date on which the purchase order was sent to the Seller, unless the Seller notifies the Customer - within the same period or by the agreed delivery date, including by email - of the temporary impossibility of delivery. In this case, the Seller will refund any sums already paid by the Customer for the supply.

If the Customer's details are incomplete or inaccurate (making it impossible to deliver the Products), the Seller will contact the Customer at the contact details provided by the Customer before processing the order.

The Shipping Confirmation email includes a tracking number that will allow the Customer to monitor the delivery status on the courier's website.

The Products will be delivered to the address indicated in the Purchase Order exclusively in the presence of the Customer or a representative of the Customer, provided that they are of legal age, who must sign the Product delivery documents.

Upon delivery of the Products by the courier, the Customer or their representative is required to check that:

1. the number of packages delivered corresponds to that indicated on the transport document (transport label);
2. the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or any discrepancy in the number of packages or indications must be immediately reported in writing by the Customer or their representative on the transport document in the space provided. In this case, the Customer or his representative must reject the damaged goods without opening the package and the Seller, once the damaged package has been received, will arrange for a new shipment of the ordered Product. In any case, the Customer's right of withdrawal referred to in the following paragraph entitled “Right of Withdrawal” remains unaffected.

Once the transport document has been signed without the Customer or his representative raising any objection, the Customer may not raise any objection regarding the external characteristics of the package delivered.

If the Customer rejects the package containing the Products, this will be considered as the Customer's withdrawal from the online sales contract and the Seller will be entitled to deduct the return costs from the refund due to the Customer. The refund thus determined will be credited using the payment method chosen by the Customer in the purchase order, in a timely manner and, in any case, within a maximum of 14 days from the return of the package.

Right of Withdrawal

The Customer is invited to carefully read the information on the Right of Withdrawal.

The Customer, without specifying the reason, has the right to withdraw from the online sales contract within 30 (thirty) calendar days of receipt of the Products by the Customer (“Withdrawal Period”), by sending an explicit statement to that effect to the Seller by post, fax, or email. This statement may also be made using the “Withdrawal Form” available in the “My Account” / “My Orders” section and at the bottom of these Terms and Conditions of Sale.

The Products with their original packaging must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same order that are returned and shipped at different times.

In order for the right of withdrawal to be validly exercised, the Customer must send the communication regarding the exercise of the right of withdrawal within the deadline of the Withdrawal Period.

Products, if already shipped, must be returned without undue delay and in any case within 14 days of the Customer receiving confirmation of the return from the Seller.

Where the Customer withdraws from the contract within the Withdrawal Period, all payments made by the Customer to the Seller, including shipping costs, will be refunded by the Seller without undue delay and in any case no later than 14 days from the date on which the Seller was informed of the Customer's decision to withdraw from the contract. Such refunds will be made using the same payment method initially used by the Customer unless the Customer has agreed otherwise; in any case, the Customer will not incur any additional costs in relation to the refund.

The refund may be suspended by the Seller for a period not exceeding 14 days after receipt of the Products at the Seller's warehouse or from the date on which the Customer provides proof of having returned the Products, whichever is earlier.

The delivery costs for returning the Products shall be borne by the Customer and the returned Products shall be the responsibility of the Customer until they arrive at the Seller's warehouse.

Returned Products must be returned unused, intact, and in good condition, including all labels.

The Customer is responsible for any decrease in the value of the Products resulting from handling the goods in a manner other than that necessary to establish their nature, characteristics, and functioning.

The Customer is advised to ship the Products in their original packaging, insuring the full value of the goods and taking care to obtain a tracking number to enable the shipment to be traced. The Seller shall not be liable for any refund or compensation relating to Products and institutional packaging shipped by the Customer but never received by the Seller due to loss, theft, or damage not attributable to the Seller.

Legal warranty of Products

The Customer has a two-year legal warranty of conformity for the Products.

For any lack of conformity existing at the time of delivery of the Products, the Customer shall be entitled to have the Product restored to conformity free of charge by repair or replacement or, if this is not possible (for any reason), to a reduction in the purchase price or termination of the online sales contract.

The Seller is liable for defects in conformity if they become apparent within two years of the date of delivery of the Product. However, the Customer must report the defect in conformity within two months of its discovery by sending an email to customer service at contact@lovable.it, indicating the order code and the problem encountered and attaching, where possible, some photos relating to the same. The Customer may also contact the landline number.

The Seller will contact the Customer to arrange collection of the Product.

The Seller reserves the right to verify the existence of the reported defect and to carry out repairs or replacements only after such verification.

If, following this verification, no defect of conformity is found, the Seller reserves the right to charge the Customer for the costs of verification, repair, and transport.

For commercial manufacturing warranties, where applicable, the Customer is invited to carefully read the relevant certificates delivered with the Products.

Seller's Liability

These Terms and Conditions of Sale set out all the Seller's obligations and liabilities in relation to the sale of the Products. To the extent permitted by applicable law, there are no further warranties, conditions, or other terms binding on the Seller other than those set out in these Terms and Conditions of Sale. In particular, the Seller does not warrant that the Products are suitable for any particular use by the Customer.

The Seller shall not be liable for any disruptions attributable to causes beyond the Seller's reasonable control (“force majeure”) in the event that it is unable to execute the requested supply within the agreed time frame and as provided for in the Terms and Conditions of Sale. Causes of force majeure include, but are not limited to, measures taken by public authorities (including, but not limited to, judicial institutions, government bodies, local authorities, etc.) and similar bodies, strikes by its own employees, employees of third-party companies, or employees of couriers or carriers used by the Seller, as well as any other circumstances beyond the Seller's control or independent of the Seller.

The Seller, except in cases of wilful misconduct or gross negligence, shall also not be liable for any disruptions or malfunctions related to the use of the Internet that are beyond its control or that of its subcontractors, nor shall it be held liable for any damages, losses, and costs incurred by the Customer as a result of the failure to execute the Online Sales Contract for reasons not attributable to the Seller, as the Customer is only entitled to a full refund of the price paid and any additional costs incurred.

If the Customer is no longer able to view part or all of the Website, no charge or liability may be attributed to the Seller, as the Customer must independently equip themselves with suitable equipment and programs for connecting to the Internet.

The Seller will do its best to ensure that the contents of the Website are up to date; however, the absolute absence of any errors and/or inaccuracies (typing errors, inaccuracies, or omissions, for example relating to the price, availability of the Product, and the Product information sheet) cannot be excluded. The Seller therefore reserves the right to correct errors, inaccuracies, or omissions even after the purchase order has been sent, and also reserves the right to modify or update the information at any time without prior notice. Where such changes or variations result in a change to the purchase order, the Seller will notify the Customer and the latter will have the right to modify or cancel the Purchase Order without incurring any costs.

NOTHING IN THESE TERMS AND CONDITIONS OF SALE EXCLUDES OR LIMITS THE SELLER'S LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY ATTRIBUTABLE TO THE NEGLIGENCE OF THE SELLER OR ITS EMPLOYEES, IN THE EVENT OF FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

The Seller shall not be liable in any way for economic losses (including, but not limited to, loss of earnings, profits, contracts, business opportunities, or alleged savings), loss of data, loss of goodwill or reputation, or for special, indirect, consequential, or punitive damages of any kind OR FOR ANY CLAIM MADE BY THIRD PARTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SELLER'S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE PURCHASE OF PRODUCTS ON THE WEBSITE.

Privacy

In order to proceed with registration, submit the Purchase Order, and thus conclude the online Sales Contract, the Customer is asked to provide certain personal data. The Customer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the applicable personal data protection legislation in order to execute each purchase order and, with the Customer's consent, for any marketing purposes as indicated in the specific Privacy Policy provided to the Customer through the Website at the time of registration.

The provision of data is necessary for the conclusion and execution of the Online Sales Agreement; failure to provide such data will not allow for the conclusion and/or execution of the Online Sales Agreement.

For any further information on how personal data is processed, the Customer is invited to carefully read the Privacy Policy.

Changes to the Terms and Conditions of Sale

The Seller reserves the right to change the Terms and Conditions of Sale at any time. The Customer will be subject to the new terms of the Conditions of Sale in force at the time of placing the order, unless the changes to the Conditions of Sale are imposed by law or by the competent authorities (in which case, they will also apply to orders in progress and the Seller will in any case attempt to notify the Customer to allow them, where possible, to cancel the purchase order).

Invalidity

If any provision of the Terms and Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that provision shall not affect the validity and enforceability of the remaining provisions.

Complaints

Any complaints may be sent to the Seller at the following address: Lovable Italy S.r.l. Via Boschetti 53/55 - 24050 Grassobbio (BG) or by email to contact@lovable.it.

Dispute resolution

In this regard, the Seller's email address is: contact@lovable.it.

Customers who use KLARNA are reminded that they can contact Klarna support via this link.

Applicable law

The Terms and Conditions of Sale and online sales contracts are governed by Italian law.

The Seller and the Customer submit to Italian jurisdiction in accordance with the provisions of applicable consumer protection legislation.

Organization, management, and control model pursuant to Legislative Decree 231/2001

The Seller, in accordance with Legislative Decree No. 231 of June 8, 2001 (Regulation of the administrative liability of legal persons, companies, and associations, including those without legal personality), has adopted an organization, management, and control model aimed at preventing the commission of the offenses referred to in the aforementioned Legislative Decree. This model also includes, as an integral part, the Code of Ethics entitled “Global Code of Conduct/Global Business Standards,” which can be viewed in the dedicated section of the Website.

Last updated February 2018.

Withdrawal Form

- I/we (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods/services (*) –

Ordered on (*)/received on (*) –

Name of consumer(s) –

Address of consumer(s) –

Signature of consumer(s) (only if this form is notified in paper format) –

Date