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Terms of Use

Terms of Use Effective as of 31/11/2020

Premise

This information is provided for the site “https://www.legend-lore.com” (Website) owned by R.E.D. srls, with headquarters in Via Tiziano 32, Milan (MI) – 20145 IT, Registered in the Chamber of Commerce of MI – 2579068, with VAT no. 11089460965, share capital of € 100.00 fully paid up; hereinafter referred to as the Seller.

Art. 1. Application Scope

1.1 Any sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (art. 45 et seq.) of the Legislative Decree of 6 September 2005, n. 206 (Italian Consumer Code) and by the Legislative Decree of 9 April 2003, n. 70, on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and Italian national holidays.

1.3 The General Sales Conditions can be modified by the Seller at any time. Any changes and / or new conditions will be valid from the moment of their publication on the Website. For this reason, before placing any order, the User is therefore kindly invited to regularly visit the Website in order to read the most updated version of the Terms of Use.

The Terms of Use may be amended by the Seller at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. The Customer is therefore invited to regularly access the Site and, before making any purchase, to accept the most updated version of the Terms of Use by means of the specific checkbox in the checkout form.

1.4 The applicable General Terms and Conditions of Sale are, beyond any subsequent variation, those in force at the date on which a purchase order is placed.

1.5 These General Terms and Conditions of Sale do not regulate the sale of products and / or the supply of services by parties other than the Seller and that may be present on the Website through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, the User must check their conditions of sale. The Seller is not liable for the supply of services and / or for the sale of products by such parties. On the websites, accessible through these links, the Seller does not carry out any checks and / or monitoring. The Seller is therefore not responsible for the contents of these sites, nor for any errors and / or omissions and / or violations of the law by them.

1.6 The User is required to carefully read these General Terms and Conditions of Sale, as well as all other information that the Seller provides on the Website.

1.7 The submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale by the User.

Art. 2. Purchases on the Website


2.1
The purchase on the Website is allowed to all Users who are consumers. Pursuant to art. 3, I comma, lett. a) of the Italian Consumer Code, we remind you that a natural person who acts for purposes unrelated to business, commercial, professional or craft activities plays the role of consumer.

2.2 To avoid hoarding, it will not be possible to purchase more than 10 pieces of the same item within the same order.

2.3 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale, transfer or rental, to be allowed to make purchases on the Website. It is therefore forbidden for these subjects to make purchases on the Website.

2.4 In the event that orders are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all the necessary actions to stop such irregularities.

2.5 The Seller reserves the right to refuse or cancel orders that come from:

  • by a User with whom the Seller has an ongoing dispute
  • by a User who has violated these General Terms and Conditions of Sale
  • by a User who has released false, incomplete or in any case inaccurate personal data, or who has not promptly sent the Seller the required documents, or who has sent him invalid documents.

Art. 3. Registration on the Site

3.1 To register on the Website, the User must fill in the appropriate form, entering the following mandatory data:

  • First name
  • Surname
  • Username
  • Email address
  • Password

Other data, such as home or residence address and telephone, can be optionally collected, if the User so wishes (allowing the storage of data useful for the delivery of the Seller’s products to the Buyer)

3.2 The User undertakes to immediately inform the Seller in the event that he suspects, or becomes aware of an improper use or illegal disclosure of said data.

3.3 The User registered on the Website guarantees that the personal information provided by him is complete and truthful and undertakes to indemnify and hold the Seller harmless and indemnified from any losses, damages and / or liabilities deriving from, and / or in any way connected to the breach by the User of the provisions concerning registration on the Website, or the storage of registration credentials, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to disable the User’s account.

Art. 4. Information relating to the conclusion of the Agreement

4.1 In accordance with the Legislative Decree of 9 April 2003, n. 70 on electronic commerce, the Seller informs the User that:

  • to conclude a purchase agreement on the Website, the User must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear on the Website;
  • the agreement is concluded when the order form reaches the Seller’s server
  • once the order form has been submitted, the Seller will send the User a confirmation email, as required by Article 51, paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, which will contain:

o a link to the Terms of Use

o purchase description

o the relevant price

o indication of the payment method used

o an indication of the times within which the order will be shipped

o an indication of the alleged delivery times of the purchase once entrusted to the carrier

o an indication of delivery costs and any additional costs

4.2 If the User wishes to issue an invoice, as required by article 22, paragraph 1 of Presidential Decree no. 633.72, he must request it to the Seller, who will issue it only after the Purchase Order has been processed. The invoice will then be sent by email to the User, according to the data that the latter will communicate to the Seller. It will not be possible to make any changes to the data of an invoice after its date of issue.

4.3 The Seller assumes no responsibility in case of disservices linked to force majeure or fortuitous causes, if not dependent on his will, and from malfunctions or slowdowns of the internet services, deriving from meteorological situations, or other conditions such as to prevent the regular fulfillment of the User’s order.

Art. 5. Product Availability

5.1 The Products offered on the Website are limited in number. It can therefore happen, since the Website may be visited simultaneously by various Users, that several Users purchase the same Product at the same time; in this case the product can turn out to be unavailable even after the transmission of the purchase order.

5.2 The Website contains information relating to the availability of each Product.

5.3 The User will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Italian Consumer Code.

5.4 Alternatively, the User may accept, if possible, to wait for the restocking of the Product and to an extension of the delivery terms, with indication by the Seller of the new delivery term.

5.5 If a refund is requested for the amount paid for the purchase of Products which later prove to be unavailable, the Seller will make the refund within a maximum period of 14 days.

5.6 In the event that the User makes use of the right of termination pursuant to art. 61, IV and V paragraphs of the Italian Consumer Code, the purchase agreement will terminate.  If the payment of the total amount due – given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Amount Due) – has already been made, the Seller will refund the Total Sum Due according the provisions of the article “Methods of payment” (Article 9).

Art. 6. Product Information Sheet

6.1 Each product is accompanied by an product information sheet illustrating its main characteristics (Information Sheet). The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers used by the User for viewing them. Moreover, the images of the Product in the Product Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as being as indicative and implying commonly accepted tolerance thresholds.

For all handcrafted products, variations in size, shape and color are possible, due to the manufacturing and coloring process that takes place individually and by hand for each piece.

Art. 7. Prices

7.1 All the prices of the Products published on the Site are VAT included.

7.2 The Seller hereby reserves the right to change at any time, without prior notice, it being understood that the price charged to the User shall be the one listed on the Website at the time the order is placed and that no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the User proceeds to transmit it.

7.4 In the event of a computer, technical, or other error involving an obvious change in price, not foreseen by the Seller, the purchase order will be canceled and the agreement consequently terminated. Any reimbursement to the User will be provided by the Seller within a maximum of 14 days from the date of cancellation.

Art. 8. Purchase orders

8.1 The Seller will deliver the Products only after receiving confirmation of payment or upon crediting of the Total Amount Due. The ownership of the Products will be transferred to the User at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. Any risk of loss or damage to the Products, which cannot be attributed to the Seller will pass onto the User once the latter or a third party designated by the User and in any case different from the courier materially gains possession of the Products.

The preparation and shipment of the Products chosen by the User will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide any service if, following the forwarding of the User’s purchase order, it is ascertained that the same has not paid in whole or in part the Total Amount Due.

8.2 The purchase contract is considered null, as a consequence of the non-payment of the Total Amount Due and therefore, unless otherwise agreed in writing between the User and the Seller, it will be canceled accordingly.

8.3 A necessary condition for the completion of a purchase order is the reading and acceptance of these General Terms and Conditions of Sale. The completion of the Purchase Order by the User therefore implies the knowledge and acceptance of the aforementioned.

Art. 9. Payment Methods

9.1 The following payment methods are allowed on the Site:

  • Debit / Credit Card
  • PayPal
  • Wire transfer.

9.2 The Seller accepts credit cards from the following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • American Express
  • Diners Club International

On the Website, the User will have the possibility to authorize the storage of the data of his own Debit / Credit card entered, thus avoiding the need to insert such data for the payment of subsequent purchases. The User may revoke the authorization to reuse the data of his card, for subsequent purchases, by following the instructions on the Site.

The charge will be made only after: (i) the data of the Debit / Credit card used by the User for payment have been verified and (ii) the company issuing the Debit / Credit card used by the User has issued the authorization to the debit.

The confidential data of the Debit / Credit card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the relevant payment institution (Stripe), without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if the User chooses to store such data, the data of the Debit / Credit card used to pay for the Products.

The charge will be made at the time of order transmission.

Stripe is a globally recognized online payment manager. More information can be found on their website: https://stripe.com/

9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If the User chooses PayPal as a means of payment, he will be redirected to the website www.paypal.com, where he will make the payment according to the procedure provided and governed by PayPal and according to the terms and conditions of the contract agreed between the User and PayPal. The data entered on the PayPal site will not be transmitted or shared in any way with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to the User’s PayPal account, or the data of any other payment instrument connected with this account.

In the case of payment by PayPal, the Total Amount Due will be charged to the User by PayPal at the same time as the conclusion of the online agreement through the Website. If the agreement is terminated or in any other case of refund, for any reason, the amount of the refund due to the User will be credited to the User’s PayPal account. The terms for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been arranged in favor of this account, the Seller shall not be deemed liable for any delays or omissions in crediting of the refund amount to the User. For any disputes, the User must contact PayPal directly. Any type of refund to be made pursuant to these Terms of Use will be credited only and exclusively to the User’s PayPal account.

9.4 In the event that the User chooses the wire transfer as a payment method, the Seller, once the order has been received, will notify him, by email, of the bank details and the deadline for making the transfer. It will always be up to the User to send a confirmation email containing proof of payment, as reported in the instruction email.

In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Data Sheet and / or on the Site will start from the date of receipt of the transfer by the Seller and not from the date of transmission of the order, as is the case instead. in which the User chooses the other payment methods provided.

Unless otherwise agreed, the preparation and shipment of the Products will be returned only after receipt of the User’s bank transfer related to the Total Amount Due.

The User, as reported in the instruction email, must indicate the following data in the reason for the transfer:

  • the order reference number
  • name and surname of the holder of the order, if different from that of the holder of the current account from which the transfer comes.

Once the order has been placed, the User must arrange the payment within 7 working days. Failure to comply will give the Seller the right to cancel the User’s order.

Art. 10. Product Delivery

10.1 Delivery of the purchased Products on the Website is carried out:

– in Europe.

10.2 The shipping costs are indicated from time to time on the Website and / or in the Product Information Sheet.

10.3 The Products will be given to the courier within 48 hours and delivery will happen in any case take place within thirty days from the date of conclusion of the contract, else it will be canceled.

 10.4 It is up to the User to check the conditions of the delivered Product. 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 the User, or a third party designated by him and in any case different from the carrier, physically comes into possession of the Product. The Seller recommends that the User check the number of Products received and that the packaging is intact, undamaged, nor wet or otherwise altered, also as regards the sealing and packaging materials and invites him, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reservation. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and the legal guarantee of conformity apply.

Art. 11. Right of withdrawal

11.1 Unless otherwise indicated, in the event of a purchase on the Website, the User has the right of withdrawal provided for by art. 52 of the Italian Consumer Code, with reference to the Product or Products indicated in the relevant article.

11.2 If the User – who acts as a consumer – has the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to incur in any additional costs and expenses other than those provided for in this article, within 14 calendar days (Right of Withdrawal). The Withdrawal Period is calculated according to the following methods:

  1. in the case of an order related to a single Product, from the day the User or a third party designated by him other than the carrier comes into physical possession of the Products:
  2. in the case of a Multiple Order with separate deliveries, from the day the User or a third party designated by him other than the carrier comes into physical possession of the Product delivered last;
  3. in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day on which the User or third party designated by him and in any case different from the carrier, acquires physical possession of the last batch or piece.

11.3 The User who wishes to exercise the Right of Withdrawal must notify the Seller by e-mail to info@legend-lore.com.

11.4 The User has exercised his Right of Withdrawal if the communication related to the exercise of the right is sent by him before the expiry of the Withdrawal Period.

It should be noted that since the burden of proof related to the exercise of the right of withdrawal, before the expiry of the Withdrawal Period, falls on the User, it is in the interest of the same to use a durable medium when communicating it to the Seller.

11.5 In case of exercising the Right of Withdrawal, the User must ship or deliver the Product to the registered office indicated in the epigraph to these General Terms and Conditions of Sale.

11.6 The costs relating to the return of the Products, such as the responsibility for the transport of the same, is at the expense of the User.

11.7 If the User withdraws from the agreement, the Seller shall refund the Total Sum Due, including delivery costs, if applicable, without undue delay and in any case no later than 30 calendar days from the day on which the Seller was informed of the User’s decision. The refund will be made using the same payment method used for the initial transaction. In the event that the User has returned the Products using a carrier of his choice and at his own expense, the Seller may suspend the refund until the Products are received, or until the User demonstrates that he has shipped the Products.

11.8 The User is solely responsible for the decrease in the value of the Product resulting from its handling other than the one necessary to establish its nature, characteristics and functioning. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all its accessories and any illustrative leaflets, with identification tags, labels and seals, where present, still attached, intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety; it cannot therefore be exercised only in relation to parts and / or accessories of the Product.

11.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value, resulting from the handling of the goods other than the one necessary to establish its nature, characteristics and functioning, the Seller reserves the right to deduct from the refund sum an amount equal to this decrease in value. The Seller will notify the User of the decrease in value of the Product within 7 days of receipt of the same, providing adequate photographic documentation. If the decrease in the value of the Product determines the substantial unsellability of the same, it is the User’s right to request the return of the damaged Product at his own expense.

11.10 As foreseen in article 59 of the Italian Consumer Code (exceptions to the Right of Withdrawal), the User cannot exercise the Right of Withdrawal, for example, but not exhaustively, for all those Products custom-made, customized or altered on specific User’s request.

11.11 In the event that the withdrawal has not been exercised in accordance with the provisions of the current legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 7 (working) days of receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at the User’s disposal for collection, which must take place at your expense and under your responsibility.

11.12 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, the User has placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of 150.00 Euros, the User will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be refunded will never exceed the one actually incurred.

Art. 12. Legal Guarantee of Conformity

All Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Italian Consumer Code (Legal Guarantee).

To whom it applies

The Legal Guarantee is reserved for consumers. Therefore, it applies only to Users who have made a purchase on the Website for purposes unrelated to business, commercial, craft or professional activity.

When it applies

The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity which occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the Consumer to prove that the lack of conformity already existed at the time of delivery.

In order to take advantage of the Legal Guarantee, the Consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice, as well as any other document certifying the date of the purchase (for example the credit card statement) and the date of delivery.

In the event of termination of the agreement, the Seller will return the total amount paid to the consumer, 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 is not liable in the event of damage, of any nature whatsoever, deriving from wear, from using the Product improperly and / or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage deriving from unforeseeable circumstances or force majeure (like a break from a fall).

The legal guarantee of conformity does not cover product defects resulting from normal wear and tear, or from abnormal use.

Art. 13. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution / Online Dispute Resolution

13.1 The purchase agreement concluded through the Website are governed by the Italian law. This is without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

13.2 Please note that in the case of a consumer User, for any dispute relating to the application, execution and interpretation of this General Terms and Condition of Sale, the Jurisdiction is where the User has residence or has elected domicile.

13.3 Pursuant to art. 141-sexies, paragraph 3 of the Italian Consumer Code, the Seller informs the User who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Italian Consumer Code, that, in case he/she has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the dispute that arose, the Seller will provide the information regarding the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these Terms of Use (ADR bodies, as indicated in Articles 141-bis and following of the Italian Consumer Code), also specifying if it wants to use or not these organizations to solve the dispute.

13.4 Furthermore the Seller informs the User who holds the status of consumer referred to in art. 3, paragraph 1, letter a) of the Italian Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer User can consult the list of ADR organization, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

 13.5 The right of the consumer User to appeal to the ordinary competent court of the dispute deriving from these Terms of Use, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships by resorting to procedures, is reserved and referred to in Part V, Title II-bis of the Consumer Code.

13.6 The User who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Terms of Use, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on this website.

Art. 14. User service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

  • by filling in and sending the form available here
  • by email here

The Seller will respond to complaints submitted within 10 days of receiving them.

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