Terms and conditions
These Terms and Conditions are valid exclusively between the company Lomer s.r.l. (referred to as “Lomer”, “our”, “we” or “us”), with headquarters in Via Giulio Pastore, 8 – 31044 Montebelluna and any natural person who makes online purchases on the website www.lomer.it as a private consumer, and therefore not for commercial, work or professional purposes, in accordance with Legislative Decree no. 206 of 6 September 2005, Consumer Code, (referred to as “CUSTOMER”, “you” or “your”). These Term and Conditions may be subject to change. The date of publication represents the date they came into force.
These Terms and Conditions govern purchases you may make on the website www.lomer.it, in accordance with articles 50 and subsequent amendments of Italian Legislative Decree no. 206 of 6 September 2005, Consumer Code, section II of Chapter I of Title Three of Part Three, to which reference is made as provided for by art. 60 of the Consumer Code.
Purpose of the Terms and Conditions
These Terms and Conditions govern how we sell, and you purchase the goods offered for sale on the website www.lomer.it. The contract applies exclusively online when you access the web address www.lomer.it and place a purchase order in accordance with the procedure detailed on the site itself.
Contract acceptance and scope
1. The sales contract will be deemed accepted when we send an order confirmation email to you. The email contains your order details, the price of the goods purchased, the shipping costs and the shipping address to which the goods will be sent. Please check that the details contained in the email are correct, and communicate any mistakes to us promptly.
2. We undertake to describe and present the items sold on the site as accurately as possible. However, there may be errors, inaccuracies or minor differences between the descriptions on the site and the actual products themselves. Furthermore, the photographs of the products presented on www.lomer.it do not constitute a contractual obligation, and should be considered as being for illustration purposes only.
3. We undertake to deliver your goods within 15 days, starting from the day following the day we send out of the order confirmation to you.
Product Availability
1. Product availability refers to the availability that exists at the time you view our the products. However, this must be considered purely as a guide because multiple users may be accessing the site simultaneously, and products could be sold to others before you confirm your order.
2. Even after we send you the order confirmation email, there may be circumstances when goods are unavailable, or only partially available. In this case, we will advise you promptly, and you may decide whether to accept delivery of only those products that are available or to cancel your order by sending an email to our customer services team.
Payment method
1. Goods may only be purchase using the credit cards indicated on the website www.lomer.it. For credit card payments, if it transpires that ordered goods are unavailable after a credit card has been registered, and the payment amount pre-authorised on the card, we will contact the payment operator and reverse the transaction made for those goods which are unavailable. We will only deduct payment for your order when it is complete and ready for shipment.
2. Information you communicate to us relating to payments when goods are purchased take place over specially protected lines and with all guarantees ensured by the use of the security protocols provided by the payment circuits.
Prices
1. All sales prices of the products displayed and indicated on the website www.lomer.it are expressed in Euros and include VAT in EU countries.
2. Shipping costs and any additional charges (for example: any local, import and/or customs clearance taxes) are excluded from the purchase price. Shipping costs are calculated at the time of purchase and before payment is made. No additional duties incurred by non-EU countries are included in the purchase price. It is your responsibility to verify the cost of any additional charges with the customs authorities of your country, and these must be paid to the forwarder upon delivery of the order.
3. You accept our right to modify our prices at any time. However, we will invoice the goods on the basis of the prices displayed on our Site at time you order, and detailed in the order confirmation email we send you.
Right of withdrawal
1. In accordance with the legal provisions in force, you have the right to withdraw from the purchase without penalty and without giving a reason, within 15 days from the date of delivery of the products.
2. If you decide to exercise this right, simply notify us via email at onlinestore@lomer.it.
For the purposes of exercising your right of withdrawal, as an alternative to sending us an email notification, you may also just return the purchased item to the following address, provided this is done respecting the same timeframe: Lomer s.r.l., Via Giulio Pastore, 8 – 31044 Montebelluna – Italy.
In this case both you and we understand that the date of return is the date of delivery of the goods to the post office or to the courier. By law, you will be responsible for paying the shipping costs for returning the goods. The goods must be returned intact, unused, in the original packaging, and with all original components. Without prejudice to our right to verify that returned goods meet the above conditions, we will refund the cost of products you return as quickly as possible, and in any case within 30 days.
4. If you receive products which differ in any way from what you originally ordered or which are incomplete or damaged, please notify by sending an email to onlinestore@lomer.it within 15 days of receiving the goods. We will coordinate with the courier to arrange a convenient time for the collection of the items. We will check the non-conformity you’ve described, and if confirmed we will refund you the purchase price.
Product Warranty
In accordance with current legislation, all products purchased from the website www.lomer.it are covered by a 24-month warranty from date of delivery against manufacturing defects. To take advantage of this warranty, please retain the original invoice from us, as we may ask you to send it to us as proof of purchase.
Shipping and Delivery
1. Products will be delivered via express courier to the address you indicate at the time of ordering.
2. For each order placed on the website www.lomer.it, we will issue an invoice for the material shipped after the order has been processed. The information you provide us when purchasing goods will be the details we will use for the invoice. Once we have issued the invoice, we cannot make any changes to the details indicated on the invoice.
Responsibility
1. We cannot accept responsibility for delays caused by force majeure or unforeseeable circumstances, including those caused by malfunctions or disruptions to the internet network, which may result in us being unable to complete your order within the timeframes indicated in this contract.
2. The availability of each item is solely a guideline, and is not binding and we cannot be held responsible if one or more products is unavailable.
3. You agree that the delivered products remain the property of Lomer s.r.l. until we have received full payment for them.
Access to the site
You have the right to access our site, to browse it, and make purchases. No other use, and in particular no commercial use, of our site or its content is permitted. All elements of this site, including all audio and visual content and their related technologies, remain the property of Lomer s.r.l. and are protected by intellectual property rights.
Cookies
The website www.lomer.it uses “cookies”. Cookies are electronic files that record information relating to your navigation of the site (pages consulted, date and time of consultation, etc.). These allow us to offer you an increasingly personalized service.
Severability
All the clauses that make up these Terms and Conditions are an integral part of them. If one or more of the provisions in these Terms and Conditions is determined to be invalid or unenforceable by reasons of law, regulations or following a decision by a court having jurisdiction over them, the remaining Terms and Conditions will remain in full force and effect.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed exclusively in accordance with Italian law. For anything not expressly provided for herein, the provisions of law applicable to the information set out in these Terms and Conditions shall apply, and in particular, article 5 of the Rome Convention of 1980. Any disputes that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if resident in Italy. If the CUSTOMER is resident or domiciled outside Italy, the exclusive jurisdiction will be of the Court of the place of residence or domicile of Lomer s.r.l..
Protection of confidentiality and processing of your data
1. We protect your privacy and guarantee that your data is processed in accordance with the provisions of privacy legislation of Legislative Decree. June 30, 2003, n. 196 and subsequent amendments.
2. We undertake to process all data and information transmitted by you confidentially and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected (and for the commercial marketing purposes of Lomer s.r.l.) or to transmit them to third parties. Such data may be disclosed solely if requested by the legal authorities or other bodies authorised by law.
3. The personal data you provide us with is necessary for us to be able to fulfil this contract in a correct and timely manner. If you choose not to provide us with this information, we will be unable to process your order.
4. You have the right to access and modify your personal data at any time, as provided by the Italian and European laws currently in force. At any time, you have the right to send a request to Lomer s.r.l. to verify exactly what and how much personal information we have stored about you. You have the right to request us to modify these details.
Contract storage methods
Pursuant to art. 12 of the Legislative Decree. 70/2003, every order you send is stored in digital on the server or in paper form at the headquarters, of Lomer s.r.l., in accordance with confidentiality and security best practices.
Correspondence and complaints
Any written correspondence or complaints that you send to us will be deemed valid only if sent by registered mail with return receipt to the following address: Lomer s.r.l., via Giulio Pastore, 8 – 31044 Montebelluna TV – Italy.
