Preface
This information is provided for the site www.blicksofa.com (Site) owned by Luxformitalia S.r.l., with registered office in Via delleForzeArmate, 40 – 20147 Milan (MI), Milan Chamber of Commerce, with VAT no. 09097320965, share capital of € 40,000.00 i.v. (Seller).Art. 1. Ambito di applicazione
1.1 These General Terms and Conditions of Sale regulate the sale of the Blickassemblable sofa, which is completely modular and customisable, thanks to the possibility of choosing the covering of each piece (Blick Sofa). Due to the high degree of customisation of each component of the Blick Sofa, the pieces that can be assembled will be produced to order following your purchase. For this reason, shipping times will be longer.
1.2 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, containing the rules on electronic commerce.
1.3 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
1.4 The General Conditions of Sale may be modified at any time. Any amendments and/or new conditions will be in force as soon as they are published on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Vendor that may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such entities, it is necessary to check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted via these links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law on their part.
1.7 You must carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.
1.8 Submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.
Art. 2. Purchases on the Site
2.1 The Purchase on the Site:
• may take place after registration with the Site;
• is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code it is recalled that the quality of consumer is the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity carried out; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the quality of professional is the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary.
2.2 In the case of orders, from whoever they come from, that are abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to the irregularities.
2.3 The Seller reserves the right to refuse or cancel orders that come:
• from a user with whom the Vendor has an ongoing legal dispute;
• from a user who has previously breached the General Conditions of Sale;
• from a user who has been involved in offences established by a final judgment;
• from a user who has provided false, incomplete or inexact identification data, or who has failed to send the Seller the required documents on time or who has sent it invalid documents.
Art. 3. Registration on the Site
3.1 In order to register on the Site, you must fill out the appropriate form, entering the following data:
• password;
• email.
3.2 Youagree to inform the Seller immediatelyifyoususpect or becomeaware of anymisuse or improperdisclosure of yourcredentials for access to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him is complete and true and agrees to hold the Seller harmless and relieved from any damage, obligation to pay compensation and/or penalty arising from and/or in any way connected to the violation by the user of the rules on registration to the Site or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user’s account.
Art. 4. Information aimed at the completion of the contract
4.1 In accordance with the Legislative Decree of 9 April 2003, no. 70 laying down provisions on electronic commerce, the Seller informs you that:
• in order to conclude a purchase contract on the Site, you must fill out an electronic order form and send it electronically to the Seller, following the instructions that will appear on the Site from time to time
• the contract is concluded when the order form is received by the Seller’s server
• once the order form has been received, the Seller shall send you an order confirmation to the e-mail address you have provided containing
o the information relating to the characteristics of the purchase
o an indication of the price
o in the case of purchase of a Blick sofa, the time required to make the sofa ordered.
Art. 5. Products Availability
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 The Site contains information on the availability of each Product.
5.3 You will be informed in the event of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code.
5.4 Alternatively, you may accept
• if a replenishment is possible, an extension of the delivery period, offered by the Seller, with an indication of the new delivery period
• if no re-assortment is possible, the Seller will supply a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and to your express acceptance.
5.5 If you request a refund of the amount paid for the purchase of Products that are later found to be unavailable, the Seller will make the refund within a maximum period of 15 days.
5.6 If you exercise the right to terminate the contract pursuant to Article 61, paragraphs IV and V, of the Consumer Code, the contract shall be terminated; in the event that payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller shall refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below.
Art. 6. Information sheet; Configurator
6.1 Each Product is accompanied by an information page illustrating its main features (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the real ones due to the settings of the computer systems or computers you use to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understoodas indicative and within the tolerances of use.
6.2 A 2D and 3D configurator is available on the Site through which you can: choose the coverings of the assemblable pieces of Blick Sofa, how to assemble them and view the overall result of the choices made. The colours in the Blick Sofa configurator, however, may differ from the actual colours due to the settings of the computer systems or computers you use to display them.
Art. 7. Fabric Book
7.1 On the Site it is possible to purchase a folder containing a sample of the fabrics (Fabric Book) which can be chosen as coverings for the assembled pieces of the Blick Sofa. The Seller recommends purchasing the Fabric Folder before purchasing the Blick Sofa, although such purchase is not compulsory.
7.2 The purchase price of the Fabric Folder indicated on the Site includes delivery charges, unless otherwise indicated on the Site.
7.3 In the event of the purchase of the Blick Sofa, the price paid for the purchase of the Fabric Folder shall be subtracted from the price paid for the purchase of the Blick Sofa.
7.4 If the Fabric Folder is returned, the price paid for the purchase of the Fabric Folder will be refunded. The refund shall be made no later than 14 calendar days from the day on which the Seller receives the Fabric Folder. The refund will be made using the same payment instrument used for the initial transaction. The direct costs of returning the Fabric Folder are at your expense as well as the responsibility for its transportation.
Art. 8. Rental of a sample chair
8.1 On the Site, you can rent a sample chair of the Blick Sofa (Test chair rental) in order to assess its comfort before making your purchase.
8.2 The sample chair will be sent by the Seller to the address you have indicated. The Seller shall also collect the sample chair from the address to which it was delivered within the time period agreed between the parties.
8.3 The price of the Sample Chair Rental indicated on the Site includes the cost of delivery to the address provided by you and the cost of collecting the trial seat, unless otherwise indicated on the Site.
Art. 9. Prices
9.1 All prices of the Products published on the Site are inclusive of Value Added Tax.
9.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the order.
9.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.
Art. 10. Purchase Orders
10.1 The Seller will only dispatch the Products once it has received confirmation of payment authorisation or credit of the Total Amount Due. Ownership of the Products will pass to you upon dispatch, which shall be deemed to be the time when the Product is handed over to the carrier. On the other hand, the risk of loss of or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party appointed by you other than the carrier, take physical possession of the Products.
10.2 The purchase contract is terminated if you fail to pay the Total Amount Due. Unless otherwise agreed with you in writing, the order shall be cancelled accordingly.
10.3 In order to send a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 11. Payment Methods
11.1 The following methods of payment are accepted on the Site:
• Payment card;
• PayPal;
• Bank transfer.
11.2 The Seller accepts the following credit cards:
• VISA
• MasterCard (Maestro Circuit)
They are, in any case, indicated in the footer of each page of the Site.
The debit will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorisation.
In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site.
Confidential payment card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The chargewill be made at the time of transmission of the order.
11.3 It is also possible to make purchases on the Site using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to this account.
In the event of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Website. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement due to you will be credited to your PayPal account. The timing of the crediting to the payment instrument connected to such account depends exclusively on PayPal and the banking system. Once the crediting order has been placed in favour of such account, the Seller shall not be held liable for any delays or omissions in the crediting of the refund amount, which you must contact PayPal directly to dispute. Anyrefund to be made pursuant to these General Terms and Conditions of Sale shall be credited to yourPayPal account.
11.4 In the event that you choose bank transfer as a payment method, the Seller, once received the order, will notify you by email the bank details and the deadline for the transfer. The email may contain a request to send an email with the bank transfer receipt or confirmation of the bank transfer.
Unless otherwise agreed, the Services will be rendered only after receipt by bank transfer of the Total Amount Due.
Please indicate the order reference number in the reason for the transfer.
You must arrange for payment within 2 working days of placing your order. If you fail to do so, the Seller reserves the right to cancel the order within the next 2 working days.
Art. 12. Delivery of Products
12.1 There are no restrictions on delivery, except in the cases indicated on the Site and/or in the Product Sheet.
12.2 The delivery obligation is fulfilled by transferring to you the material availability or, in any case, the control of the Product. Delivery shall take place at street level, unless otherwise agreed between the Parties.
12.3 Delivery costs shall be borne by you, unless otherwise indicated during the purchase process and/or elsewhere on the Site. An additional cost may be charged for delivery to certain areas.
12.4 Starting from the date of production of the customised Blick Sofa (or of sending the order in the case of the Fabric Folder and/or Test Seat Hire), the Products shall be delivered within 30 days and, in any event, within 60 days from the date of conclusion of the contract.
12.5 It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, materially take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
Art. 13. Right of Withdrawal
13.1 In the event of a purchase on the Site, unless otherwise indicated, you do not have the right of withdrawal provided by art. 52 of the Consumer Code with reference to the Blick Sofa. In fact, the Blick Sofa, sold on the Site, is a made-to-measure and clearly customised product.
13.2 If you are a consumer, you are entitled to withdraw from the purchase contract of the Fabric Kit and/or Sample Chair Rental (Secondary Products) without having to provide any reason and without having to bear any costs other than those indicated in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of an order for a single Ancillary Product, from the day on which you or a third party other than the carrier and designated by you acquire physical possession of the Ancillary Products;
b. in the case of a multiple order with separate deliveries, from the day on whichyou or a third party otherthan the carrier and designated by you take physicalpossession of the last Secondary Product.
13.3 In order to exercise your right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
13.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in at least one of the following ways:
Email: info@luxformitalia.com
Via the section of the website: Contact
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.
13.5 If you exercise your right of withdrawal, you must deliver the Secondary Product to the registered office indicated in the epigraph of these General Conditions of Sale.
13.6 The direct costs of returning the Secondary Products shall be borne by you, as well as the responsibility for their transportation.
13.7 If you withdraw from the contract, the Seller will proceed to refund the Total Amount Due without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. If you have returned the Ancillary Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Ancillary Products or until you have demonstrated that you have returned the Ancillary Products, whichever is earlier.
13.8 You shall only be liable for any diminution in the value of the goods resulting from any handling of the Secondary Product other than that necessary to establish the nature, characteristics and operation of the Secondary Product. The Secondary Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all accessories and illustrative sheets, with the identification tags, labels, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt. Moreover, the withdrawal shall apply to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Secondary Product.
13.9 In the event that the Secondary Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Secondary Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to this decrease in value. The Seller shall notify the user of this circumstance and the resulting reduction in the refund amount within 5 days of receipt of the Secondary Product, providing, if the refund has already been paid, the bank details for payment of the amount owed by the user due to the reduction in the value of the Secondary Product.
13.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it shall not result in the termination of the contract and, consequently, shall not entitle the user to any refund. The Seller shall notify the user within 5 (working) days of receipt of the Secondary Product, rejecting the request for withdrawal. The Secondary Product shall remain at the Seller’s premises at your disposal for collection, which shall take place at your expense and under your responsibility.
Art. 14. Legal Warranty
All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Warranty is reserved for consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on whichitwasdiscovered.
Unless there is proof to the contrary, it shall be presumed that the lack of conformity that becomes apparent within six months from the delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. As from the seventh month following the delivery of the Product, it shall be the consumer’s burden to prove that the conformity defect already existed at the time of the delivery of the Product.
In order to benefit from the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can attest to the date of the purchase (e.g. the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller shall return to the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable for any damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from unforeseeable circumstances or force majeure.
Solutions available
In the event of a conformity defect duly reported within the terms, you shall have the right:
– primarily, to repair or replacement of the Product free of charge, at your option, unless the remedy requested is objectively impossible or excessively onerous compared to the other;
– secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable period of time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at your option.
The remedy requested is excessively onerous if it imposes unreasonable expenses on the Seller in comparison with alternative remedies that can be pursued, taking into account: (i) the value that the Product would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) whether the alternative remedy can be pursued without significant inconvenience to the consumer.
If you made the purchase as a “professional” within the meaning of the Consumer Code, the preceding paragraphs of this article shall not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code shall apply to your purchase on the Site.
Art. 15. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
15.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who are not ordinarily resident in Italy of any more favourable and mandatory provisions envisaged by the law of the country in which they are ordinarily resident.
15.2 We remind you that in the case of consumer users, any dispute relating to the application, execution and interpretation of this document shall be settled by the court of the place where the user resides or has elected domicile. In the case of professional users, the Court of Milan shall have jurisdiction over any dispute relating to the application, execution and interpretation of this document.
15.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who is a consumer pursuant to Article 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it was nevertheless not possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Conditions (ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to use such bodies to resolve the dispute.
15.4 The Seller also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be consultedat the followingaddress http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the site of each of them and initiate an on-line dispute resolution procedure for the dispute in which he isinvolved.
15.5 The consumer user’s right to bring any dispute arising from these General Terms and Conditions of Sale before the competent ordinary judge, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
15.6 Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Art. 16. Customer service and complaints
It is possible to request information, send communications, request assistance or make complaints by contacting the Seller in the following ways
– by filling in and sending the form available at the following link _________
– by email, to the following address: info@luxformitalia.com.
The Seller will respond to complaints within 5 days of receipt of such complaints.