Terms & Conditions
We inform you that the general conditions of sale, set out below, indicate, in accordance with consumer protection regulations, the conditions and methods by which you can make an online purchase on the website of Lollipop Srl, now called the Seller, products of your interests in a safe, simple and convenient way. Therefore, we invite you to read and accept them in order to proceed with your purchase.
These general conditions of sale govern the sale of commercial products by the Seller to consumer users and users who related to the business activity.
These general conditions are effective from the date of acceptance of the terms by the customer on the site, which are valid for all purposes as acceptance pursuant to art. 1341 of the civil code.
The company reserves the right to update, modify, change or replace any part of these general conditions of sale at any time by posting them on the site.
Any contractual or extra-contractual liability from the part of the company for direct or indirect damages to persons and / or things caused by the non-acceptance, even partial, of an order is excluded.
2. PURCHASE METHOD
The purchase of products takes place through access to the site and the relative registration.
A description is available for each of the products on the site, it contain the main product characteristics. All purchase support information is intended as a simple generic information material.
The displayed product images may not be fully representative of its characteristics, but may have different colour, size and accessory.
Correct receipt of the order is confirmed by the Seller through an automatic reply via e-mail, sent to the e-mail address supplied by the customer at the time of registration.
This confirmation message will contain an "order number", to be used in the event of any communication with the company. The message will contain all the data entered by the customer who undertakes to verify its correctness and to promptly advise about any corrections.
In case of non-acceptance of the order, the seller guarantees prompt communication to the customer.
The Contract stipulated through the Site is considered finalized when the Buyer receives, via e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the evasion. The Contract is concluded in the Seller's registered office.
3. PAYMENT TERMS
All prices on the site are to be understood as retail prices and, therefore, VAT included.
The prices in the "resellers" section, on the other hand, are VAT excluded.
We reserve the right to update prices without notice and the only correct price is the one indicated at the time of order confirmation.
On certain products, subject to price promotions, the seller reserves the right to accept orders by reducing their quantity, subject to communication and acceptance by the customer, not accepting this by the Buyer the order will be consider cancelled.
Payment can be made by credit card, via PayPal or cash on delivery under the conditions described below, as also specified in the "Payment Methods" section on the Site.
In case of selection of the cash on delivery payment method, the Consumer will be charged an additional 3% of the total amount of his order.
The Seller may allow additional payment methods, indicating them in the "Payment Methods" section.
If the payment is made by credit card, the Consumer will be transferred to a protected, personalized site, and the credit card details will be communicated directly to ________________, an operator who deals with payments on behalf of the seller. The transmitted data will be contained in modality, through the encrypted transfer of data with SSL (SecureSocketLayer) system. These data are not accessible even to the Seller.
In case of payment via Paypal, the Consumer will be redirected to the appropriate page, where he can enter his registration data and make the payment.
In case of selection of the cash on delivery method of payment, the Consumer must pay the amount relating to his purchase order at the same time as the delivery of the purchased Products, exclusively by paying in cash directly to the carrier. The carrier accepts only the exact sum that corresponds to the purchase order amount, as it is not authorized to provide any change to the Consumer. Therefore, the Consumer is requested to prepare the exact amount to be delivered to the carrier. It is expressly understood that this payment method will be selectable and executable in compliance with the limits on the traceability of payments referred to in Legislative Decree n. 201 of 6 December 2011 and subsequent amendments.
4. DELIVERY OF GOODS AND ACCEPTANCE
The Site indicates the availability of the Products and their delivery times; however, such information is to be considered purely indicative and not binding to the Seller. Some Products may not be available for delivery on certain days of the week; therefore, the Consumer is invited to check for any restrictions on the delivery of these Products in the relevant description sheet, before proceeding with the purchase.
The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and chosen by the Consumer. The Seller cannot be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to the Seller's intent or fault.
In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid.
For each order placed, the seller issues a sales document for the material shipped. For the issue of the invoice, the information provided by the customer at the time of the order is valid. The customer can request a copy of the invoice or receipt within three months of issue.
Delivery costs are charged to the customer and are indicated when placing the order.
No responsibility can be taken by the seller in case of delay in order fulfilment or delivery of the order.
During the delivery, the customer is required to check:
- that the packaging is good conditions, neither damaged, nor wet, or altered in some way;
- that the number of packages corresponds to what is indicated in the transport document.
Any damage to the product or packaging or the mismatch in the information must be immediately reported to the courier by placing a written RESERVE OF CONTROL on the courier's proof of delivery. Once the courier's document has been signed, the customer will not be able to make any objection about the external characteristics of what has been delivered.
In case of failure to collect within 5 working days of the material in stock at the courier's warehouses due to repeated inability to deliver to the address indicated by the customer at the time of the order, the order will be returned to the seller.
The Seller assumes no responsibility for the delay or failure to deliver the goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute the contract within the agreed time.
The Seller will not be liable to any third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of any price paid.
The Seller guarantees that the Products present in the electronic catalogues can be freely purchased and that they are not subject to pledges or mortgages. In any case, the rules of the Italian civil code on the subject of buying and selling apply.
6. BUYER'S OBLIGATIONS
The buyer undertakes, once the purchase procedure is concluded, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the legal condition.
It is strictly forbidden for the Buyer to enter false and / or invented and / or fictional data in the registration procedure through the appropriate electronic form; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or invented. The Buyer therefore assumes full responsibility for the accuracy and veracity of the data entered in the electronic registration form, directed at completing the product purchase procedure.
It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The Buyer releases the Seller from any liability deriving from the issue of incorrect tax documents due to errors in the data provided by the Buyer, only the buyer is responsible for the correct insertion.
The Seller only commercialize original and high quality products.
In the event of non-compliance, the law will apply. Any defect must be reported within 8 days of discovery, otherwise the Buyer will be deprived from the warranty right.
8. RIGHT OF WITHDRAWAL
To have the right of withdrawal, the customer must, within 10 days, send a registered letter with return receipt to the following address: Via Rovigo 4 - 21050 Cairate (va). A telegram or fax can be sent within the same term, followed by the aforementioned registered letter with acknowledgment of receipt confirming the intention to withdraw from the contract within 48 hours.
If the goods have been delivered, all items must be received, within 10 working days, in the same conditions as they were received, with their original packaging; there are no other methods of returning the goods. All possible costs of returning the products are borne by the Buyer; to this end, the Buyer, directly or by other means, will deliver them to the address indicated by the Seller. The Seller will accept the returned goods reserving the right to ascertain that the products have been returned in their original state and with their original packaging.
The rights deriving from the privacy legislation and the disclosure obligations arising from it by the Seller are examined online, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the privacy legislation.
10. APPLICABLE LAW
Any controversy relating to the application, execution, interpretation and violation of the purchase contract stipulated through the Seller's website is subject to Italian jurisdiction, also according to the provisions of art 3, Conv. 19 June 1980, n. 80/934 / EEC (Rome Convention), on the law applicable to contractual obligations; these general conditions are reported, although not directly provided, to Legislative Decree 6 September 2005, n. 206 (Consumer Code). In the event of disputes arising from this contract or related to it, the parties undertake to seek a fair and amicable settlement between them. If the dispute has not been resolved friendly, and in any case within six months from the date of its beginning, the same will be brought to the exclusive knowledge of the Court in whose district the Buyer / Consumer has his domicile in accordance with the provisions of Legislative Decree 206 / 05; in the event that the Purchaser does not hold the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Busto Arsizio.
11. FINAL CLAUSES
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.
EXPRESSIONS OF CONSENT THROUGH THE SITE
I ACCEPT or I DO NOT ACCEPT
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE BUYER
Pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code, the Buyer declares to have carefully read the contract and to expressly approve the following clauses: Art 1, 4, 5, 6, 7, 8, 10
I ACCEPT or I DO NOT ACCEPT