Terms of Service

Article 1 – Definitions


In these terms and conditions, the following definitions apply:
• Withdrawal period: the period within which the consumer may exercise their right of withdrawal.
• Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
• Day: calendar day.
• Continuing transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time.
• Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally, so that they can consult it in the future and reproduce it unchanged.
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period.
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
• Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively until the conclusion of the contract.
• Means of distance communication: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.
• General terms and conditions: these General Terms and Conditions of the entrepreneur.


Article 2 – Identity of the entrepreneur
• Company name: Velorasydney
• Chamber of Commerce registration number: 93934858
• Trade name: LuveroMilano
• VAT number: NL005053184B61
• Customer service email: info@LuveroMilano.it
• Company address: Van Randerodestraat 67


Article 3 – Applicability


These general terms and conditions apply to all offers made by the entrepreneur and to any distance contract and order between the entrepreneur and the consumer.


Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.


If this is not reasonably possible, it will be indicated that the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge upon request.


If the distance contract is concluded electronically, the general terms and conditions may be provided electronically so that the consumer can store them on a durable medium.


If, in addition to these general terms and conditions, specific conditions relating to products or services also apply, the consumer will always be able to refer to the most favorable provision in the event of conflicting conditions.


If one or more provisions are invalid or are annulled, the contract and the remaining terms and conditions remain valid.


Unforeseen situations must be assessed in accordance with the spirit of these terms and conditions.


Article 4 – The Offer
• If an offer has a limited duration or is subject to specific conditions, this will be clearly stated in the offer.
• The offer is without obligation. The entrepreneur has the right to change and adjust the offer.
• The offer contains a complete and accurate description of the products and/or services offered.
• The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
• If the entrepreneur uses images, these accurately represent the products and/or services offered. However, the colors displayed may differ slightly from the actual colors.
• Obvious errors or oversights in the offer are not binding on the entrepreneur.

Article 5 – The Contract
• The contract is concluded when the consumer accepts the offer and meets the relevant conditions.
• If the consumer accepts the offer electronically, the entrepreneur will immediately confirm acceptance of the offer by email.
• Until the entrepreneur has confirmed acceptance, the consumer may withdraw from the contract.
• If the contract is concluded electronically, the entrepreneur will take appropriate measures to protect the electronic transmission of data and ensure a secure web environment.
• If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
• The entrepreneur may collect information about the consumer's creditworthiness. If there are valid reasons not to conclude the contract, the entrepreneur has the right to refuse the order or to impose special conditions.
• The entrepreneur shall provide the consumer, together with the product or service, with the following information:
• The address of the company's registered office for any complaints.
• The conditions and manner of exercising the right of withdrawal, if applicable.
• Information about guarantees and after-sales services.
• Details regarding the method of payment, delivery, and performance of the contract.


Article 6 – Right of Withdrawal
• The consumer has the right to withdraw from the contract within 30 days without giving any reason.
• The withdrawal period begins on the day after the consumer receives the product.
• During the withdrawal period, the consumer must handle the product and packaging with care and return it in its original condition.
• If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within 30 days by email or other written communication.
• After communicating their intention to withdraw, the consumer has 30 days to return the product.
• The consumer must provide proof of shipment of the product within the specified period.
• If the product is not returned within the specified period, the purchase will be considered final.


Article 7 – Costs in Case of Withdrawal
• The costs of returning the product are entirely borne by the consumer.
• If the consumer has already made a payment, the entrepreneur will refund the amount within 30 days of receiving the return.
• The refund will only be made if the product has actually been received or if a valid tracking number for the shipment has been provided.
• If the consumer has chosen a more expensive shipping method than the standard rate offered by the entrepreneur, the entrepreneur is not obliged to reimburse the additional cost.


Article 8 – Exclusion of the Right of Withdrawal


The entrepreneur may exclude the right of withdrawal for certain products and services, provided that this has been clearly specified in the offer.


The exclusion of the right of withdrawal is possible for:
• Products made to the consumer's specifications.
• Personalized products.
• Products that by their nature cannot be returned.
• Perishable products or products subject to rapid deterioration.
• Products sealed for hygiene or health reasons and which have been opened by the consumer (e.g., cosmetics, underwear).
• Sealed audio, video, or software recordings that have been opened after delivery.
• Subscriptions to newspapers, magazines, or periodicals, with the exception of digital subscriptions.
• Services that have been fully performed with the consumer's consent before the expiry of the withdrawal period.

 

Article 9 – Prices
• During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for changes in VAT rates or other statutory taxes.
• Notwithstanding the previous paragraph, the entrepreneur may offer products or services at variable prices if these are linked to fluctuations in the financial market and are not dependent on the entrepreneur.
• Price increases within 3 months of the conclusion of the contract are only permitted if they result from regulatory or tax changes.
• Price increases starting 3 months after the conclusion of the contract are only permitted if the consumer has the right to withdraw from the contract before the increase takes effect.
• All prices indicated for products or services include taxes and duties, unless otherwise stated.
• Any typographical or typing errors in prices are not binding on the entrepreneur.

Articolo 10 – Conformità e Garanzia
• L’imprenditore garantisce che i prodotti e/o servizi offerti sono conformi al contratto, alle specifiche indicate e alle normative legali vigenti.
• In caso di difetti o prodotti non conformi, il consumatore deve comunicarlo entro 30 giorni dalla ricezione.
• Il consumatore ha diritto alla riparazione, alla sostituzione o a un rimborso in conformità alla normativa sulla garanzia legale.
• La garanzia non è applicabile nei seguenti casi:
• Se il prodotto è stato riparato o modificato dal consumatore o da terzi.
• Se il prodotto è stato utilizzato in modo improprio o non conforme alle istruzioni.
• Se il deterioramento è dovuto a circostanze esterne o usura normale.
• Se i danni sono causati da carenze normative imposte dal governo in materia di materiali o produzione.

Article 11 – Delivery and Execution
• The entrepreneur will take the utmost care in receiving and executing product orders.
• The delivery address will be that indicated by the consumer.
• The maximum delivery time is 30 days, unless otherwise agreed with the consumer.
• If delivery is delayed or cannot be made, the consumer will be informed within 30 days of order confirmation. In this case, the consumer has the right to terminate the contract at no additional cost and obtain a refund of the amount paid.
• If a product is no longer available, the entrepreneur will try to offer an equivalent replacement product. The consumer will have the right to accept or refuse the replacement product.
• The risk of loss or damage to the products is borne by the entrepreneur until the moment of delivery to the consumer, unless otherwise agreed.


Article 12 – Continuing Contracts and Cancellation


Withdrawal
• The consumer may withdraw from an open-ended contract for the regular supply of products or services with a maximum notice period of one month.
• The consumer may withdraw from a fixed-term contract at the end of the agreed period, with a maximum notice period of one month.


Renewal and Extension
• Fixed-term contracts for the regular supply of products or services may not be automatically renewed for a fixed period.
• Exception: subscriptions to newspapers and magazines may be renewed for a maximum of three months, with the consumer having the option to withdraw with a maximum notice period of one month.
• A fixed-term contract may be automatically extended indefinitely only if the consumer has the right to withdraw at any time with a maximum notice period of one month.
• Trial or promotional contracts for the regular supply of newspapers and magazines cannot be automatically extended and will automatically terminate at the end of the promotional period.


Duration
• If a contract has a duration of more than one year, the consumer may terminate it after the first year, with a maximum notice period of one month.

 

Article 13 – Payment
• Unless otherwise agreed, payments must be made within 7 working days of the start of the withdrawal period referred to in Article 6, paragraph 1.
• In the case of a contract for the provision of services, the payment period begins when the consumer receives confirmation of the contract.
• The consumer is obliged to immediately report any errors in the payment details provided to the entrepreneur.
• If the consumer fails to make payment within the specified time, the entrepreneur is entitled to charge any additional costs, provided these have been communicated in advance.


Article 14 – Complaints
• Complaints regarding the performance of the contract must be submitted within 7 days of discovering the problem.
• The complaint must be described in a complete and clear manner and sent in writing to the entrepreneur.
• Complaints will be investigated within 30 days of receipt. If more time is needed to handle the complaint, the consumer will be notified of the estimated time for resolution.
• If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the provisions of Article 15.
• A complaint does not suspend the consumer's obligations, unless the entrepreneur expressly states otherwise.
• If the complaint is justified, the entrepreneur will offer a repair, replacement, or appropriate refund.


Article 15 – Disputes
• All contracts and these terms and conditions are governed exclusively by Dutch law, regardless of the consumer's country of residence.
• Disputes between the consumer and the entrepreneur relating to the conclusion or performance of distance contracts will be submitted to the courts of the Netherlands.
• If any provision of these terms and conditions is declared invalid or unenforceable, the remaining provisions shall remain in force.
• The entrepreneur and the consumer shall endeavor to resolve any disputes amicably before resorting to legal action.


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