CONDITIONS OF SALE
Published on the site and came into force on 02/04/2013
1.1. These general terms and conditions of sale shall apply to any purchase of ‘Automobili Lamborghini’ brand products (the ‘Products’) on the e-commerce site www.lamborghinistore.com (by users falling within the definition of ‘Consumers’ pursuant to Clause 1.2 below. The Site, which is the property of Automobili Lamborghini S.p.A. registered office in Via Modena, 12, 40019 Sant’Agata Bolognese (Bologna) Italia (the ‘Owner’), is managed by triboo digitale S.r.l. - a Triboo Group company - registered office Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (‘TD’).
1.2. triboo digitale sells the Products on the Site on behalf of the Owner. The parties to purchases of the Products made on the Site shall be triboo digitale as Seller (‘the Seller’) and the party making the purchase of one or more Products for reasons other than in relation to the profession, business, trade or craft carried on by that party, as buyer (the ‘Consumer’) (the Seller and the Consumer shall be referred to jointly as the ‘Parties’).
1.3. The Owner is not a party to these general terms and conditions of sale, but holds all rights in relation to the Site’s domain name, the logos and the registered trademarks relating to the products shown on the Site, and is the holder of the copyright in relation to the Site and its content.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. Any purchase shall be governed by the version of these general terms and conditions of sale appearing on the Site at the time that the order was placed by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use of Consumers only; it follows that only Consumers shall be able to purchase Products on the Site. Persons who do not qualify as Consumers shall in no circumstances be able to purchase Products on the Site. The Seller shall at all times have the right to reject orders or to refuse to make sales that the Seller itself, at its sole discretion, concludes are the result of orders placed by persons who do not qualify as Consumers. Where one or more sales are, however, are made to persons who do not qualify as Consumers, these general terms and conditions shall apply but, by way of departure from the same:
a) the right to cancel referred to at Clause 10 shall not apply;
b) the guarantee in relation to the Products as set out at Clause 8 shall not apply, and nor shall any other guarantee provided by law;
c) any other provisions of these terms and conditions providing protection for the Consumer and which reflect or comply with binding provisions of the law shall not apply;
d) the contract of sale entered into by the Seller and the purchaser shall be governed by Italian law, with the provisions of the United Nations Convention on Contracts for the International Sale of Goods - the Vienna Convention of 1980 - being excluded.
1.7. When sending the purchase order, the Consumer agrees to confirmation of the information relating to the order placed and these general terms and conditions of sale being sent to the Consumer at the e-mail address provided when registering on the Site.
1.8. Consumers must be aged 18 or over to be able to make purchases on this Site and must have legal capacity; the Consumer declares that these requirements are satisfied.
1.9. Any costs for internet connection to the Site, including telephone charges, shall be the exclusive liability of the Consumer at the rates charged by the service provider used by the same.
2. Product features and availability in various geographical areas
2.1. The Products are sold by the Seller with the features set out on the Site at the time that the order is submitted by the Consumer and in accordance with the general terms and conditions of sale published on the Site at the moment that the order is placed by the Consumer, with no other terms or conditions applying.
2.2. The Seller reserves the right to amend these general terms and conditions of sale at any time and at its own discretion without having to give any notice to users of the Site. Any amendments made shall take effect from the date on which the new general terms and conditions of sale are published on the Site, as stated in the heading to the general terms and conditions themselves, and shall apply only to sales concluded from that date onwards. The Products are offered on the general terms and conditions published on the Site at the time that each sale is concluded, while stocks last.
2.3. The prices and the Products sold on the Site are subject to variation without notice, Therefore, prior to submitting a purchase order pursuant to point 3 below, the Consumer is advised to check the actual sale price.
2.4. The Seller reserves the right to change the Products sold on the Site or the features of the same at any time and without notice.
2.5. The Site is accessible by users worldwide; the Site may refer to Products that are not available in or cannot be purchased in the country where the person visiting the site is located.
2.6. The Products available on the Site may only be purchased by users who, in the relevant section of the same, request delivery in one of the countries listed on the Site.
3. Procedure for purchasing Products - conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding on the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order placed by the Consumer with the Seller via the Site shall be a valid contractual offer and shall be governed by these general terms and conditions of sale, which shall form an integral part of the said order and which the Consumer, by sending the order to the Seller, is bound to accept unreservedly and in full. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to read these general terms and conditions of sale carefully, as well as the notice concerning the right to cancel, to print off a copy of the same by clicking on the ‘print’ command and to memorize or keep a copy of them for their own records. The Consumer will in addition be asked to check for and correct any errors in any personal details provided.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the said order and which will contain a link to these general terms and conditions of sale, a summary of the order placed and a description of the features of the Product that has been ordered. That e-mail shall be sent to the e-mail address provided to the Seller when registering on the Site or, where the Consumer is not registered on the Site, at the time that the order was submitted. The Consumer’s order, the Seller’s order confirmation and the general terms and conditions of sale applicable to the dealings between the Parties shall be stored electronically by the Seller in its IT systems; the Consumer may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail. .
4. Procedure to be followed to select and purchase Products
4.1. The Products shown on the Site may be only be purchased by following the procedure set out on the Site. Attempts to purchase and/or reserve products by e-mail, fax or any means other than by following the aforementioned procedure will be deemed invalid and will not be accepted. The procedure involves the Consumer selecting Products by placing them in a virtual shopping basket. Once that selection is complete, in order to purchase the Products chosen and placed in the shopping basket, the Consumer will be asked to register with the Site, providing details as requested, or, where already registered, to login, or to provide their details in order that the order can be completed and the contract can be concluded.
In order to proceed with the purchase, the Consumer will be asked to confirm their details (by way of example only, name and surname, etc.) as well as the delivery address for the Products chosen, the invoicing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made, where these details differ from those provided on registration. The Consumer will see a summary of the order to be processed, and will be able to change it. The Consumer will then be asked to carefully read and expressly agree to these general terms and conditions of sale by checking the relevant box on the Site. Finally, the Consumer will be asked, via the ‘place order’ button, to confirm the order, which will then be sent to the Seller, with the consequences set out at paragraph 3.2 of this contract above.
The Consumer will also be asked to choose a delivery option and method of payment from a list of options available. Where payment is made immediately (at the time of purchase) by credit card, PayPal or by immediate bank transfer, the Consumer will be required to provide the relevant details by means of a secure connection. For accounting and administrative reasons, the Seller reserves the right to verify the details provided by the Consumer. Where payment is made by credit card, the purchase price will only be debited at the time that the Seller sends confirmation of the order to the Consumer.
5. Delivery of goods and acceptance
5.1. Whilst the Site generally states whether Products are available and the relevant delivery times, this information is to be taken as an indication only and shall not be binding on the Seller. The Seller reserves the right to accept or reject the order placed by the Consumer on the basis of actual availability of the Products, regardless of any indication given on the Site, and without any rights arising on the part of the Consumer on any grounds to damages or otherwise in the event that the order is rejected in whole or in part by the Seller.
5.2. The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and in any event to deliver within a maximum of 30 (thirty) days of payment by the Consumer, save where the Seller does not have the Products in stock.
5.3. As there is no guarantee that the Products appearing on the Site will be available, where a Product ordered by a Consumer is not available for delivery despite the order having been confirmed, the Seller shall promptly inform the Consumer who shall, within 30 (thirty) days thereafter, inform the Seller whether they:
a) would like a refund of any price already paid, or
b) would like to wait for the Products to come in stock, on condition that the Products are still in production with the Owner.
In the latter case, delivery shall be within 30 (thirty) days of the date on which the Products actually come into stock with the Seller.
5.4. The Products shall be shipped using the method selected by the Consumer from those listed on the Site at the time the order was submitted. The Consumer undertakes to check without delay and in any event within and no later than 3 (three) days of receipt of the Products that the delivery is correct and comprises all, and only, the Products purchased and to notify the Seller within that time limit of any defect in the products received or any disparity with the order placed, following the procedure at Clause 9 of these general terms and conditions of sale below. Where, upon delivery, the packaging or wrapping is visibly damaged, the Consumer is requested to refuse to accept delivery from the carrier/shipping agent or to take delivery with ‘rights reserved’.
5.5. Where no complaints have been raised by the Consumer with the carrier/shipping agent within the time limit referred to at paragraph 5.4. above, the Products shall be deemed to have been accepted in full and without reservation.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products shall be that shown on the Site at the time that the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
6.2. Shipping costs, which are calculated on the basis of the country in which the Products are to be delivered and which the Consumer agrees to pay in addition to the purchase price of the Products ordered, will be shown during the order process.
6.3. The Consumer shall pay the Seller the total price as set out in the confirmed order once the Seller has e-mailed the order confirmation to the Consumer.
6.4. Where Products are to be delivered in a country other than an EU Member State, the total price set out in the order and shown again in the order confirmation, inclusive of indirect taxes (where applicable) shall be net of any customs duties and any other sales tax, which, where payable, the Consumer agrees to pay in addition to the price set out in the order and confirmed in the order confirmation, in accordance with the provisions of the law in the country in which the products are to be delivered. The Consumer is advised to consult the appropriate authorities in his or her country of residence or the country in which the products are to be delivered for information concerning any duties or taxes applicable.
6.5. Any additional costs, charges, taxes and/or duties payable in a given country for any reason in relation to the Products ordered on the basis of these general terms and conditions of sale shall be the exclusive liability of the Consumer.
6.6. The Consumer agrees that where, at the time that the order is placed with the Seller, the Consumer is unaware of the costs, charges, taxes and/or duties referred to at paragraphs 6.4 and 6.5 above, this shall not comprise grounds for termination of this contract and that the Consumer shall in no circumstances be able to debit the aforementioned charges to the Seller.
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days of order confirmation being sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller shall commence when the price of the Product/s purchased is credited to the Seller’s current account.
7.2. Payment may be made by credit card, bank transfer or PayPal, on the conditions set out below. The Seller may agree to other payment methods being used, with these being set out in the payment section on the Site.
7.3. Where payment is by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Banca Sella , being the operator handling payments on behalf of the Seller. The details will be sent in protected mode by way of an encrypted transfer using a 128 bit SSL (Secure Socket Layer) system. No-one, not event the Seller, will be able to access these details.
7.4. Where payment is by bank transfer in favour of the Seller, the Consumer shall provide the Swift code and the IBAN set out in the order confirmation.
7.5. Where the delivery address for the Products purchased is in Italy, the Seller shall promptly send the relevant receipt for tax purposes by e-mail to the address provided when registering with the Site. Otherwise the said receipt shall be attached in paper form to the Products purchased.
8. Seller’s legal warranty of conformity, notification of defects in conformity and action taken under the warranty
8.1. Pursuant to and for the purposes of EU Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (The Consumer Protection Code) the Seller warrants with the Consumer that the Products will be free from defects in materials and workmanship and conform to the descriptions given on the Site for a period of 2 (two) years from the date on which they are delivered to the Consumer. No warranty shall apply where the Product has been used or washed other than in the appropriate manner and other than in accordance with the relevant instructions/warnings provided by the Seller and/or the Owner or set out in the relevant information leaflets, tags or labels.
8.2. The Consumer shall be under a duty to examine the Products as soon as possible and to report any defects or non-conformity within and no later than 2 (two) months of discovery of the same, by sending the appropriate form properly completed [click here to download the Defective Product Return Form], to the Seller’s Customer Service Department by e-mail, stating the defect and/or non-conformity identified, plus the related documentation referred to in the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and the receipt for tax purposes). Failure to comply with this requirement shall lead to this warranty lapsing.
8.3. On receipt of the form and related documentation, the Seller shall, via the Owner’s service centre, consider the defects and non-conformity reported by the Consumer and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorization for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site. Authorization for the Products to be returned shall in no circumstances amount to an admission of the defects or non-conformity: whether the defects in fact exist or the Products do not in fact conform will be investigated once the Products have been returned. The Products that the Seller has authorized to be returned shall be sent by the Consumer, together with a copy of the authorization to return, within 30 (thirty) days of the date on which the defect or non-conformity was reported, to the following address:
triboo digitale S.r.l., c/o ArceseLog, Via Groane 6, c.a.p. 20811 Cesano Maderno (MB) - Italy.
8.4. Where the Products in fact prove to be defective or not to conform, the Consumer may:
a) have them replaced by other Products of the same design where the Seller has them in stock, at no cost to the Consumer, or, where the said Products are not available,
b) have a part refund or full refund of the price paid, depending on the nature and extent of the defect or non-conformity.
8.5. Where the Seller is required to provide the Consumer with a refund of the price paid, the refund shall be made by bank transfer or, where possible, using the same method of payment as that used by the Consumer when the purchase was made. The Consumer shall be required to provide the Seller with the necessary bank details in order that the bank transfer may be made in the Consumer’s favour and so that the Seller is able to refund the amount due; such details shall be provided by e-mail to firstname.lastname@example.org.
9. Liability for damage caused by defective goods
9.1. The provisions of EU Directive 85/374/CEE and Italian Legislative Decree No. 206/2005 (The Consumer Protection Code) shall apply in relation to any damage caused by defects in the Products. As distributor of the products via the Site, the Seller accepts no liability whatsoever, and shall refer the Consumer to the manufacturer of the product concerned.
10. Right to cancel
10.1. The Consumer shall have the right to cancel any contract concluded pursuant to these general terms and conditions of sale for any reason, without having to provide any explanation and without incurring any penalty, within 14 (fourteen) working days from the day on which the Products ordered are received,
10.2. To exercise the right to cancel, the Consumer shall, within the time limit referred to above, send the appropriate form, properly completed, to the Seller by recorded delivery with advice of receipt [click here to download the Right to Cancel Return Form], together with the following documentation:
a) a print-out of the e-mail from the Seller containing the Order Confirmation;
b) a copy of the receipt issued by the Seller for tax purposes following payment for the Product.
The form and documentation referred to above may, within the same time limit, also be sent by telegram, telex, e-mail or fax, on condition that a fax is to be confirmed by letter sent by recorded delivery with advice of receipt within the following 48 (forty-eight) hours in order to be valid and submitted in time; the recorded delivery letter shall be deemed to have been sent within the applicable time limit where presented at the post office accepting the same within the 48 (forty-eight) hour time limit referred to above. The aforementioned communications are to be sent to to triboo digitale S.r.l., Viale Sarca 336, edificio 16, 20126, Milano, Italia, fax: 02-64741414 e-mail: email@example.com.
10.3. In order to validly exercise the right to cancel, where the Products ordered have already been shipped or delivered to the Consumer, the Consumer shall return them within a strict time limit of 14 (fourteen) working days from date of receipt or 30 (thirty) working days from the date on which the return form and return code were sent, together with the return form properly completed and bearing the return code provided, sending the same to:
triboo digitale S.r.l.
Via Groane, 6
20811 Cesano Maderno (MB) - Italia
10.4. It is agreed that the risk and costs of transport when returning the Products to the Seller shall be borne by the Consumer.
10.5. In order for the right to cancel to be validly exercised, the Products shall be delivered, or in any event the Seller shall receive the same, intact (without any sign of wear or tear, erosion, marks or scratches or of having been defaced in any way) complete in all its parts and with all accessories, together with the attached instructions/notes/manuals, the original packaging and wrapping and the warranty certificate, where applicable; otherwise, the Consumer shall not be entitled to repayment of the amount paid. The Consumer is therefore advised to wrap the original Product packaging in further protective packaging so that the original packaging is kept intact, protected in transit and protected from any labels attached or notes written thereon.
10.6. The Seller shall take delivery of the returned Products, reserving the right to check that the same have been returned in the condition set out at paragraph 10.5 above.
10.7. Where the returned Products are found to satisfy the conditions referred to in paragraph 10.5 and the right to cancel has been validly exercised by the Consumer within the time limit and in the manner prescribed, the Seller shall provide the Consumer with a refund of the whole of the purchase price of the Products, including the costs of shipping previously incurred by the Consumer for the purposes of the said purchase, as soon as possible and in any event within 30 days of the date on which the Seller learns that the right to cancel has been exercised by the Consumer. Shipping costs and any duties or additional taxes paid in order to return the Product to the Seller shall remain the Consumer’s liability.
10.8. The refund referred to above shall be made by way of bank transfer in favour of the Consumer. The Consumer shall, by completing the relevant section of the Return Form, provide the Seller with the necessary bank details in order that the bank transfer may be made in the Consumer’s favour and so that the Seller is able to refund the amount due. Where payment was made by credit card, the aforementioned refund shall be made within the time limit indicated directly by means of the sum due being credited back to the credit card used by the Consumer for payment.
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 distinctive sign, name, image, photograph, written text and graphics used on the Site or relating to the Products are and remain the exclusive property of Automobili Lamborghini S.p.A. and/or its heirs and assigns, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. The content of the Site may not be reproduced in whole or in part, transferred by electronic or traditional means, modified or used for any purpose without the prior written consent of Automobili Lamborghini S.p.A.
12. Consumer’s data and data protection
12.1. In order to deal with registration, forward the order and then conclude this contract, the Consumer will be asked, via this Site, to provide certain personal data. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Automobili Lamborghini S.p.A. in compliance with and subject to the provisions of Italian Legislative Decree No. 196/2003 as subsequently amended and supplemented - the ‘Privacy Code’ - in order to perform this contract and, with the Consumer’s consent, in order to deal with any other matters as referred to in the specific data protection notice provided to the Consumer via the Site on registration.
12.2. The Consumer declares and warrants that the data provided to the Seller during the registration process is correct and truthful.
12.3. Using the ‘My Account’ section of the Site, which can be accessed upon authentication, the Consumer may at any time update and/or amend the personal data provided to the Seller.
13.1. Whilst the Seller takes steps to prevent the loss, falsification, manipulation and improper loss by third parties of personal data, given the particular features of, and technical limitations on, the protection of electronic communications on the Internet, the Seller is unable to guarantee that the information and data seen by the Consumer on the Site, including once the Consumer has completed authentication (login) cannot be accessed or seen by unauthorized third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by GlobalCollect, which uses technological systems that guarantee maximum levels of reliability, security, protection and confidentiality where the transmission of information over the web is concerned.
14. Force majeure
14.1. The Seller shall not be liable for a total or partial failure to comply with its obligations arising out of any contract concluded pursuant to these general terms and conditions of sale, where such failure is the result of unforseeable events and/or natural events beyond its reasonable control, included, solely by way of example, natural catastrophes, acts of terrorism, war, popular uprisings, electrical power cuts, general strikes in the public and/or private sector and strikes and/or restrictions affecting couriers and air transport links.
15. Applicable law and competent court
15.1. Any contract for sale concluded between the Seller and the Consumer pursuant to these general terms and conditions of sale shall be governed and interpreted in accordance with Italian law, without prejudice in any event to any rights afforded to the Consumer pursuant to binding provisions of the law in that Consumer’s country.
15.2. Any dispute arising shall fall within the exclusive competence of the Court of Milan, save where this provision cannot be applied as a result of binding provisions of the law in force in the Consumer’s country of residence.
The Parties shall not assign or any other way transfer to third parties any of their rights and obligations arising out of these general terms and conditions of sale without the prior written consent of the other party.
17. Validity of clauses
17.1. Clause headings used herein shall be taken as being for reference purposes only and shall be of no effect where identification of content or the interpretation of this contract are concerned.
17.2. These general terms and conditions of sale shall not prejudice the rights afforded to the Consumer by Italian law.
17.3. Where one clause or part of a clause of these general terms and conditions is held to be invalid on the grounds that it is in conflict with or contrary to a provision of the law, all the other clauses of this agreement or parts of the said clause shall remain valid in full and of full effect.
18. Concluding provisions
The Consumer declares that he or she has not been induced to enter into this contract by pre-contract statements