Terms and conditions

General Conditions of Use and General Terms and Conditions of Sale 

Welcome to www.loelmilano.com, LOEL official online website (hereinafter referred to as “website”).

The access and use of the website are regulated by these General Conditions of Use. The access and use of this website, as well as the purchase of products, imply that you have read, understood and accepted these General Conditions of Use, and the General Terms and Conditions of Sale. This website is managed and maintained by LOEL Srl, a company incorporated under the Italian Law, with registered office in piazza Armando Diaz 1, 20123, Milan, Italy, VAT Registration Number 10424080967 (hereinafter referred to as “LOEL”).

For assistance and/or information concerning orders and shipping, refunds and return of products purchased on the website, suggestions and other general information on the services offered by the website, please contact LOEL by email at info@loelmilano.com.

For any other legal information, please read the General Terms and Conditions of Sale, Return Policy and Privacy Policy. At any time LOEL is allowed to amend or simply update these conditions and policies, in full or in part. Any change/update will be notified to the users in the homepage of the website as soon as they become applicable. Once published on the website the amendments will become binding for the users. Should you not agree with the General Conditions of Use and the General Terms and Conditions of Sale in full or in part, please refrain from using our website.

The access and use of the website (including the visualization of the web pages), the communication with LOEL, the download of information on products and the purchase of products on the website, all represent activities carried out by our users exclusively for personal purposes and not related to any commercial, entrepreneurial and professional activity. By accessing the website, users are the only ones liable for the use of the website itself and its contents. LOEL cannot be deemed liable for the use of the website and its contents by any third party that is not compliant with the applicable laws. More specifically, the user the only person liable for providing wrong or false information and data to third parties, and for the improper use of these data. LOEL  shall not be deemed liable for damages occurred to any computer systems or losses of data due to any downloading operation from the website, since users surf LOEL website at their own risk. LOEL declines any liability for possible damages due to the impossibility to access the services offered on the website or possible damages caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of contents, problems related to the network, providers or telephone and/or telecommunication connections, non-authorized accesses, data alterations, lack and/or faulty operation of the users electronic devices.

The user is liable for the preservation and proper use of his/her personal information, including the login information that allows to access reserved services, and for any detrimental consequence or prejudice derived to LOEL or third parties due to improper use, loss, or stealing of the aforementioned information.

The website contains hypertext links (the “links”) to other websites which are not related to the website. LOEL does not control neither performs monitoring activities on said websites and their contents. LOEL will not be deemed liable for the contents of these websites and rules adopted by the latter, also with regards to the users privacy and handling of personal data while browsing through these sites. The activation of the links does not imply any recommendation or warning by LOEL for accessing and browsing these websites, neither any guarantee about their contents, services or products offered by said sites and sold to the internet users.

These general conditions of use are regulated by the Italian law.

 

General Terms and Conditions of Sale

1. Object

1.1.The following General Terms and Conditions of Sale govern the sale of products (hereafter the “products”) distributed by LOEL Srl, a company registered under the Italian Law, with registered office in piazza Armando Diaz 1, 20123, Milan, Italy, VAT Registration Number 10424080967 (hereinafter referred to as “LOEL”), through the e-commerce website www.loelmilano.com (hereafter the “website”). Please read these terms and conditions carefully before ordering any products. By ordering any of our products you shall be bound to these terms and conditions.

1.2. The products sold on the website are directly sold by LOEL.

1.3. According to the Italian Consumer Code, consumer shall mean any individual who is acting for purposes other than his or her trade, business or profession (hereafter referred to as “consumer”). Only consumers are permitted to submit orders via the website. If you are not a consumer, please refrain from purchasing any products thorough the website.

1.4. LOEL reserves the right not to process orders received from visitors who do not fall within the definition of consumers according to the Italian Consumer Code or any other order which does not comply with LOEL business policy.

1.5. Only consumers who are of age 18 or over and have full legal capacity may place an order on the website. In placing an order the consumer declares to comply with such requirements.

 

2. Product features and availability

2.1. Products are sold according to the features described in the website and pursuant to the General Terms and Conditions of Sale published on the website at the time of the order. 

2.2. The vendor reserves the right to amend all or part of these General Terms and Conditions of Sale at any moment from time to time and at its own discretion, with no obligation to give prior notice to the visitors or the consumers. All the amendments to the General Terms and Conditions of Sale come into force from the date on which they are published on the website, and will only apply to the sales concluded from that date onwards.

2.3. Prices, products (and relative features) sold on the website may also be subject to changes without any notice. Consumers are therefore advised to check the actual prices before placing any order.

 

3. Product purchase procedure

3.1 In order to place an order, the consumer must complete the online order form and send it electronically to the vendor, and follow all of the reported instructions.

3.2 Orders submitted through the website shall be interpreted as a binding offer pursuant to art. 1326 of the Italian Civil Code and are subject to these General Terms and Conditions of Sale as well as all other conditions contained on the website, including the General Terms and Conditions of Use and the Privacy Policy, which form an integral part of each order; by placing an order the consumer undertakes to fully accept the same without reservation.

3.3 Before placing an order, consumers will be asked to: (i) carefully read and understand these General Terms and Conditions of Sale, (ii) read and understand the notice concerning withdrawal rights, and (iii) print and save a copy of the order. Consumers will also be asked to confirm and correct any possible errors in their personal data

3.4 Orders shall be deemed accepted by the vendor (and a binding contract is concluded) once a confirmation e-mail is sent to the consumer (hereinafter “order confirmation”) to the email address provided during the registration process. 

 

4. Product selection and purchasing procedure

4.1 The main features of products are shown on the website on each product page. The photos of the products sold on www.loelmilano.com may not exactly correspond to the real garments in terms of image and colors due to the internet browsers or monitors.

4.2 The products displayed on the website can only be purchased by selecting the relative products and adding them to the virtual cart. Once the selection is complete, in order to proceed with the purchase the consumer will be asked to (i) register with the website, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide his/her details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the website registration phase, the consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the products chosen, the billing address and, on an optional basis, a telephone number on which the consumer can be contacted in relation to the purchase made. The consumer will be provided with a summary of his completed order, and may change the contents. The consumer, will be required to carefully read and expressly approve the General Terms and Conditions of Sale by indicating the relative check box and, finally, confirm the order by pressing the “place order” button; this action will send the order to the vendor in compliance with these Terms and Conditions of Sale.  The consumer will also be asked to select a delivery option and a payment method from those available. If the consumer selects immediate payment by credit card or by pay pal he will be requested to provide the credit card information via a secure socket connection. The vendor reserves the right to check the personal details provided by the consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the consumer when the vendor sends the actual order confirmation.

 

5. Delivery and acceptance of goods

5.1. Product availability and delivery dates reported on the website are merely indicative and under no circumstances binding for the vendor.

5.2. The vendor shall make its best effort to comply to the delivery dates provided on the website or confirmed on the order confirmation. In case no delivery date is provided, the vendor shall deliver the products ordered at the latest within thirty (30) days from the date of the order confirmation. If the order cannot be processed by the vendor due to product unavailability, the vendor shall notify the consumer in writing and refund any amounts paid pursuant to par 5.3 below.

5.3. The consumer undertakes to promptly check, within and no later than eight (8) days from the receipt of the products, that the delivery is correct and includes all and only the purchased products, and to notify the vendor, within this deadline, of any faulty products received or any discrepancy between the order and the goods received, following the procedure referred to in par. 8 of this contract; failure to do so will infer that the products shall be deemed as accepted. In the case that the packaging or boxing of the products ordered by the consumer reaches its destination visibly damaged, the consumer is invited to refuse to accept the delivery from  the courier or accept the delivery “with rights reserved”.

 

6. Prices and shipping costs

6.1. The price of the products is reported on the website at the time the order is placed by the consumer. All prices are reported in euros and are inclusive of VAT (where applicable) and shipping costs.

6.2. The total price will be indicated in the order and also provided on the order confirmation sent via e-mail to the consumer.

Please notice: for extra EU destinations, local import duties and charges may be applied. These costs are variable and will be charged to the customer, once the shipment reaches the final destination. We suggest you to contact your local customs office for more information.

 

7. Payments

7.1. LOEL reserves the right to amend prices at any time; however, changes will not affect orders for which the vendor has already sent you an order confirmation.

7.2. Payments are accepted by credit card, debit card or Paypal. Payments can only be processed by the following credit cards: Visa, Mastercard, Maestro, American Express.

7.3. In order to minimize the possibility of unauthorized access, the consumer’s credit card details will be encrypted. Once the order is received, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to the consumer’s credit card until his order has been dispatched for delivery. However, if the consumer’s payment method is Paypal, the charge will be made when he/she receives the order confirmation.

7.4. By clicking “authorize payment” the consumer is confirming that he/she is the credit card owner or the legitimate holder. Credit cards are subject to validation checks and authorization by the credit card issuer. If the card issuer fails to authorize payment LOEL will not be liable for any delay or non-delivery and may not be able to start a contract with you.

 

8. Vendor’s legal warranty of conformity, reporting of non-conformities and interventions under warranty

8.1. Pursuant to and in accordance with the European Directive no. 44/99/ce and Italian Legislative Decree no. 206/2005 (Consumer Code), the vendor guarantees the consumer that the products are without design or material defects and conform to the description published on the website for a period for 2 (two) years from the date of delivery of the products to the consumer. No guarantee applies if products are used or cleaned in a manner not in compliance with the instructions/warnings provided by the vendor, in the instruction booklet, tags, or labels.

8.2. The consumer is required to report any material defects and non-conformities of the products within and no later than 2 (two) months from the date of their discovery; failure to do so will invalidate this guarantee. Defects and non-conformities of the products should be reported to the seller by e-mail to the address: info@loelmilano.com, by providing the details of the fault and/or non-conformity, with a photograph of the product, the order confirmation forwarded by the vendor and/or the receipt. Failure to do so will invalidate this warranty.

8.3. Following the receipt of the complaint and the relative documentation, the vendor will assess the defects and non-conformities and relative documentation reported by the consumer via the vendor’s customer service. After carrying out quality checks to ascertain effective non-conformity of the product, the vendor shall decide whether to authorize return of the products, sending the consumer “returns code” by e-mail. Authorization to return the products in no way represents recognition of defects or non-conformities, the existence of which shall be ascertained following receipt of the products. Returned products shall be delivered together with a copy of the authorization bearing the” returns code”, within 30 (thirty days) from the date of reporting the defect or non-conformity, to the following address: LOEL Srl, Via Ambrogio Spinola,8 – 20149 Milan, Italy.

8.4. Any refund made will be made by either using the same payment method used by the consumer to purchase the product, or by bank transfer. The purchaser will be responsible for sending the vendor, using the same e-mail address: info@loelmilano.com the bank details for the latter to be able to transfer the refund.

8.5. Warranties are not applicable to products which have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the vendor and/or the owner of the product, on the information leaflets, tags or labels.

 

9. Defective products liability

9.1. The conditions foreseen by the EC Directive 85/374/cee and by the Italian Legislative Decree n.  206/2005 – (Consumer Code) are applicable to any damages caused by defective products. The vendor, in its capacity as distributor of the products on the website disclaims all liability, without exclusions and/or exceptions, and shall refer the consumer to the manufacturer of the product concerned.

 

10. Right of withdrawal, cooling-off period

10.1. The costumer shall have the right to withdraw the product/s pursuant to these General Terms and Conditions of Sale, without incurring in any penalty, within 14 (fourteen) days from (i) the day on which the product/s is/are delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.

10.2. The costumer should return the product/s in the same condition in which he/she has received it/them and at his own expense. The costumer has a legal obligation to take reasonable care of the product/s whilst it/they is/are in his possession. If the costumer fails to comply with this obligation, the vendor may have a right of action against him/her for the compensation.

10.3. In order to correctly return the product/s:

  1. the customer should notify the vendor in writing within 14 calendar days (beginning on the day he/she received the products or for purchases of multiple products, the day on which he/she received the last product) by contacting LOEL on the email address info@loelmilano.com and requesting the Return form;
  2. the product/s should not have been used, worn, washed or damaged;
  3. the identification tag should still be attached to the products with the disposable seal;
  4. the product/s should be returned in its/their original packaging;
  5. the completed Return form should be included in the package;
  6. the customer should return the product/s at his/her own expense, shipping it/them at the address provided by the vendor.

Upon completing the requirements above, the customer will receive a withdrawal confirmation email.

The vendor will refund the price of the product/s in full, excluding standard delivery costs, if any have been paid and excluding any other supplementary cost.

10.4. The consumer is liable for any diminished value of the product/s resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and the original warranty, if any, the customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the product. To this purpose, it is highly recommended to refrain from handling the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the products plus further protective packaging that will keep them intact.

 

11. Intellectual property rights

11.1. The consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the website or related to the products are and remain the exclusive property of LOEL and/or its assignees, with no rights arising on the part of the consumer in relation to the same as a result of the access to the website and/or purchase of the products.

11.2. Unless prior specific consent is granted in writing by LOEL, no contents of the website can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 

12. Protection of consumer personal data

12.1. In order to proceed with the registration process, place an order and sign this contract, the consumer is required to provide certain personal details. The consumer hereby acknowledges that the personal data provided will be recorded and used by the vendor in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended the Privacy Code (personal data protection code), to process each purchase via the website and, upon granting his consent, for any other activities as illustrated in the specific informative note on the personal data protection code provided to the consumer by the website during the registration phase.

12.2 The consumer hereby declares and guarantees that the personal details provided during the registration and purchase process are truthful and accurate.

12.3. The consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the vendor via the “my account” section on the website, which can be accessed after logging in.

12.4. For any further information on how the personal details of consumers are processed, please refer to the Privacy Policy and read the General Conditions of Use carefully.

 

13. Security

13.1. While the vendor takes all the necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the internet, the vendor does not guarantee that the information or data viewed by the consumer on the website, even after the consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.

13.2. When a payment is made by credit card the vendor shall rely on services provided by third parties which adopt technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

 

14. Applicable law, settlements and jurisdiction

14.1. These General Terms and Conditions of Sale govern are governed and construed in accordance with the Italian Laws in forces and, in particular, Legislative Decree no. 206 dated September 6th, 2005, Consumer Code, with specific reference made to the regulations concerning distance contracts, Legislative Decree no. 70 dated April 9th, 2003, on certain aspects concerning electronic commerce.

14.2. The assigned exclusive jurisdiction for all disputes arising in connection with the application or interpretation of these General Terms and Conditions of Sale is the court of Milan, Italy.

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