Terms and Conditions
Date of publication of the document in the marketplace and its effectiveness: 07/06/2021
1.1 – The present general conditions govern the services finalized to the purchase or the reservation of products (of continuation the “Products”) available in the catalogue of the marketplace of Mantua Village and Franciacorta Village (jointly or individually the/the “Marketplace”) accessible via e-commerce sites [www.landoffashion.it; www.mantovavillage.it; www.franciacortavillage.it] (hereinafter the/i “Site/s”) and via mobile app and tablet (hereinafter the “App”). The Marketplace is usable by any subject (hereinafter the “Customer”) whether or not qualifies as a “consumer”, the latter understood as the natural person who proceeds to the purchase of one or more Products for purposes not related to his professional activity, commercial or entrepreneurial (hereinafter the “Consumer”). The Marketplace of Mantova Village is owned by the company FASHION DISTRICT MANTOVA S.r.l., with registered office in 20123, Via Cordusio 1, Milan; the Marketplace of Franciacorta Village is owned by the company FRANKIE RETAIL HOLDCO S.r.l., with registered office in 20124, Via Melchiorre Gioia 26, Milan (hereinafter jointly or individually the/i “Supplier/s”).
1.2 – Every purchase or reservation is regulated/to by these general conditions in the version published on the Marketplace at the time of the order transmission by the Customer (the “General Conditions”). The Customer who accesses the Marketplace is required, before sending the order, to carefully read these General Terms and Conditions that will be available at any time on the Marketplace.
1.3 – The contracts concluded with the Seller (as defined below) through the Marketplace are governed by Italian law under the c.d. “principle of the country of origin” and, consequently, if the Customer is a person residing in a foreign country, for each contractual aspect, reference will be made to the applicable Italian legislation, including Legislative Decree no. 70 of 9 April 2003 and, where the Customer is a Consumer, Legislative Decree no. 206 of 6 September 2005.
2. REGISTERING TO MARKETPLACE
2.1 – The purchase of the Products is subject to registration of the user to the Marketplace. Registration is always free. To register for the Marketplace, the Customer must fill out the appropriate online form, including, as data necessary for the provision of the service, the following data: name, surname, e-mail address and a password (which remains the exclusive domain of the user). Optionally, the Customer may also enter other data, required according to the purpose of improvement of the service and/or customization of their purchases, optimal management of the provision of services rendered by the Owner, for the collection of tastes, preferences, habits and/or the degree of customer satisfaction, or for the sending of commercial information and/or advertising material, for “direct” marketing campaigns.
The registration to the Marketplace, through the opening of a personal account, allows the registered customer to:
(i) Save, edit and manage their data;
(ii) Access to all information relating to orders and returns;
(iii) Follow the status of the order;
(iv) Use the dedicated services which may be activated from time to time;
(v) Express, if necessary, consent to the processing of their personal data for purposes exceeding the service.
2.2 – Registration credentials (email address and password) must be saved carefully. They can only be used by the registered customer and cannot be sold to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them. The Customer also undertakes to inform the Seller immediately, by contacting him by e-mail at firstname.lastname@example.org in case he suspects or becomes aware of any misuse of the same.
2.3 – In order to register and make purchases or reservations through the Marketplace, the Customer must have attained the age of majority and have the legal capacity to act, which the Consumer declares to possess, in addition to being provided with a tax code.
2.4 – The Customer guarantees that the personal information provided during the registration process to the Marketplace is complete and truthful and undertakes to keep the Supplier harmless and indemnified from any liability, damage, indemnification obligation and/or penalty resulting from the breach by the Customer of the provisions relating to the registration to the Marketplace.
3. MARKETPLACE SERVICES
3.1 – On the Marketplace the registered customer will be able to use the following services:
(i) “Click&Reserve” booking service, which allows you to book a Product to view or try it at the point of sale of Mantova Village or Franciacorta Village. The service is free and does not require purchase;
(ii) purchase in the “Click&Collect” mode, which allows you to order and pay online for the Products and then collect them at the point of sale of Mantova Village or Franciacorta Village.
(iii) purchase with the “home delivery” mode, which allows the Customer who finalizes the online purchase to receive the Products at home. The service is also available in case the customer has already made a purchase with the “home shipment” mode is unable to go to the point of sale at the Mantova Village or Franciacorta Village due to measures of the Public Authority or national or regional regulations that provide restrictions on the movement and/ or temporary closure of the points sale, with particular reference to the Covid-19 health emergency.
4. IDENTIFICATION OF THE SELLER
4.1 – The seller is one of the subjects specified in the dedicated area of the website www.lof.it/vendor, as specifically identified in the context of each purchase procedure (in the shopping cart and in the email order confirmation) and owner of a point of sale at Mantova Village, Located in the Municipality of Bagnolo San Vito (MN), or at the Franciacorta Village, located in the Municipality of Rodengo Saiano (BS) (each of such subjects, individually, the “Seller”). The dedicated area of the Site includes the contact details (address, email and telephone number) of each Seller.
5. INFORMATION ON PRODUCTS
5.1 – “Products” means all products in the online catalogue of Mantova Village or Franciacorta Village. The Products are sold with the characteristics described on the Marketplace and according to the General Conditions published there at the time of sending the order of the Customer, in accordance with the order and with the exclusion of any other condition or term.
5.2 – The Customer, before the conclusion of the purchase contract or the booking, takes vision of the characteristics of the goods that are illustrated in the product cards present in the dedicated area of the Marketplace. Before the conclusion of the purchase contract and before the validation of the purchase order with “payment obligation” the Customer is informed about:
• total price of goods including taxes;
• methods of payment;
• conditions, terms and procedures for exercising the right of withdrawal (if applicable);
• information that the Customer must bear the cost of returning the goods in case of withdrawal (if applicable);
• existence of the legal guarantee of conformity for the purchased goods;
• Seller’s terms of after-sales service and commercial and warranty.
5.3 – The Seller guarantees the compliance of the Products with the applicable regulations at the time of confirmation of the purchase order. The Customer accepts and acknowledges that the Seller makes no warranty and assumes no liability in relation to the compliance of the Products with the legislation that is applicable after the confirmation of the order by the Customer.
5.4 – The Supplier reserves the right to modify these General Conditions at any time, at its own discretion, without the need to give any notice to users. Any changes made will be effective from the date of publication on the Marketplace and will apply only to contracts concluded from that date; it is understood that any changes made after the completion of an order will not have any effect on that order.
5.5 – The prices, the Products on sale on the Marketplace and/or the characteristics of the same, are subject to change without notice. Therefore, before sending the purchase order, the Customer is invited to verify the final sale price. Changes in prices after placing an order will have no effect on that order.
5.6 – The visual representation of the Products on the Marketplace, where available, normally corresponds to the photographic image accompanying the descriptive card. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ for certain details, such as color and size.
5.7 – The Sites are accessible from all over the world. However, the Products purchased on the Marketplace can only be collected at the point of sale at Mantova Village or Franciacorta Village, depending on the Seller. In addition, the purchase “with shipment at home” is available only to users who require delivery in the territory of the Italian Republic.
6. CONCLUSION AND EFFECT OF THE CONTRACT
6.1 – “Click&Reserve”. The service allows you to reserve a single product at a time. After making the reservation, the customer receives an email with the confirmation of the operation. The email includes a QR Code that the Customer must present at the Seller’s point of sale at Mantova Village or Franciacorta Village. Its scanning by the staff of the point of sale allows to identify the reservation and to confirm the delivery of the Product that the customer has reserved. The reservation can be made from Monday to Friday of each week and is valid until the second Sunday following the day on which it was made. In case the client is not able to go to Mantova Village or Franciacorta Village within this deadline, the reservation will be automatically cancelled. The service is not available during periods of effectiveness of measures of the Public Authority or national or regional regulations that provide restrictions on the circulation and/ or temporary closure of the store in relation to the health emergency Covid-19.
6.1 – Purchase of the Products. It means the purchase with the modes “Click&Collect” and “shipment at home”. For the purchase of the Products, the Customer must complete the order form in electronic format, following the instructions contained in the Marketplace. The Customer must put the Product in the appropriate “cart” and, after having read the General Conditions and all the summary data included in the cart, must select the desired payment method and choose the option “send order”.
6.2 – Before submitting its purchase order, the Customer will have the opportunity to correct any errors in entering the data by following the appropriate modification procedure contained in the Marketplace. In particular, the Customer has the right to change the quantity of the Products he intends to purchase, adding or removing one more Products from the cart. There is no limit to Products that can be added to the shopping cart.
6.3 – By sending the order, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure and to accept the General Conditions in full. The order received is examined by an operator who examines its availability. In the event that the goods are not fully evadable, the operator will communicate to the e-mail address indicated by the customer the relative expected timing for delivery or unavailability.
6.4 – The availability of the Products refers to the actual availability in stock at the time the Customer places the order. Such availability must however be considered only indicative because, for effect of the contemporary presence on the Marketplace of more customers, the Products could be sold to other Customers before the order confirmation.
6.5 The sale shall be deemed concluded by sending the Customer an e-mail confirming the order containing the order number just executed, the details of the Customer, the Seller and the order, the price of the goods purchased, delivery costs that may be charged to the Customer (for the “home delivery” mode). The Customer undertakes to verify the correctness of the data contained in it and to promptly communicate any corrections.
(i) For the “Click&collect” mode, the confirmation email will also include a QR Code, which the Customer must show at the time of collection of the Product at Mantova Village or Franciacorta Village. The scanning of the QR Code by the staff of the point of sale allows to identify the order and to confirm the delivery of the Products that the Customer has purchased.
(ii) For the “home delivery” mode, the confirmation email will also include the delivery address specified by the Customer when purchasing the Products to allow the Seller or the Supplier to carry out the shipment . The email will also contain the contacts of the Infopoint of Mantova Village or Franciacorta Village in case of need of further information or clarification.
7.1 – All sales prices are displayed and indicated in the Marketplace are expressed in Euro and are offered to the public pursuant to the provisions of art. 1336 c.c. Prices are inclusive of VAT and any other tax.
7.2 – Shipping costs and any additional charges, if any, even if not included in the purchase price, are indicated and calculated in the purchase procedure before the order is placed by the Customer and are contained in the web page summary of the order.
7.3 – The Customer accepts the Seller’s right to change its prices at any time, however, the purchase of the Products will be invoiced on the basis of the prices indicated on the Marketplace at the time of creation of the order and indicated in the confirmation email sent to the Customer.
8. METHOD OF PAYMENT
8.1 – The Customer may make payments for the Products purchased through the Market Place only in the following ways:
• Credit card Visa circuit;
• Credit card Mastercard circuit;
• Any Visa or Mastercard cobranded card (e.g. Postepay Evolution).
9. TRANSPORT AND DELIVERY
9.1 – For orders only “with delivery at home”, the Products will be delivered to the address indicated by the Customer. At the time of delivery it will be necessary to sign for receipt of an adult.
9.2 – The delivery costs, which may be chargeable to the Customer, are clearly highlighted on the Website and in the relevant order form. Their value depends on the total amount of the individual order.
9.3 – All Products will be delivered by national express couriers: the Supplier and/or the Seller are not responsible for unforeseeable delays or for the loss or deterioration of the Products due to force majeure.
9.4 – At the time of delivery of the goods by the courier, the customer is required to check that the number of packages in delivery corresponds to what is indicated in the transport document and that the package is intact or not altered. Any damage to the package and/or products or the mismatch of the number of packages must be immediately contested by reservation of written control on the courier’s delivery proof.
9.5 – Once the courier’s document has been signed, the Customer will not be able to contest the external characteristics of the package delivered.
9.6 – If for reasons not dependent on the will of the Supplier and/or the Seller, the Customer becomes unavailable at the time of delivery, The latter will be obliged to contact the courier office of the city of delivery and agree to a subsequent delivery or collection at the headquarters of the courier. The Seller and/or the Supplier are not responsible for the parcels left in storage at the courier. The customer who has not been able to agree with the courier office in his city an agreement for a second delivery or for collection at the courier office, assumes the costs of the successful completion of the shipment itself.
9.7 – If the courier provides to return the parcel for failure to pick up by the Customer, the Seller or the Supplier will contact the Customer at the e-mail address indicated with the order procedure to agree on a further delivery, requesting reimbursement of any storage costs, as well as for the shipping costs incurred and those to be borne. If the Customer does not intend to pay the costs incurred by the Seller or the Supplier or does not contact to agree on a further attempt to deliver, following e-mail from the Seller or the Supplier, within a reasonable period of time that is indicated in days 7 (seven), the Seller will retain the goods not withdrawn for default by the Customer as well as the relative amount paid.
10. RIGHT OF WITHDRAWAL
10.1 – In accordance with the provisions of art. 52 and following of the Consumer Code, where the Customer is Consumer has the right to withdraw from the purchase, without any penalty and without specifying the reason, within the period of 14 days from the delivery of the Products ordered.
10.2 – In the event that the Consumer decides to exercise the right of withdrawal will be required to follow the instructions in the policy on withdrawal and made available in the dedicated area of the Market Place and the following link www.lof.it/en/return-policy/.
10.3 – The Product must be returned intact, in the original packaging, complete in its entirety without any alteration of the packaging, the label and/ or the seal of warranty. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, the Seller may suspend the refund until receipt of the Product, or until the demonstration by the Consumer of having returned the Product to the Seller.
10.4 – Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the Products purchased as soon as possible, and in any case within a maximum of 14 days, from the communication having as object the will of the Consumer to want to exercise the right of withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement on a different means of payment, in this case, any additional costs arising from the different means of payment shall be borne by the Consumer.
10.5 – The right of withdrawal is excluded if the Customer provides to open the packaging of the products sold, for products by their nature perishable and for other cases provided for by the applicable legislation.
11. LEGAL GUARANTEE OF CONFORMITY
11.1 – In the event of receipt of defective or non-compliant Products, the Customer has the right to the restoration without charge of the conformity of the Product through the repair (only where possible) or the replacement of the same. In cases where repair or replacement is not possible, the Customer may request the termination of the purchase contract or a fair price reduction.
11.2 – The Customer who is a Consumer may exercise the guarantee if the defect is certified at the time of delivery of the goods or reported to the Seller within 2 months of discovery. In the event that the Customer is not a Consumer, the complaint must be made within 8 days of discovery. In the absence of a complaint within that period, the supply shall be deemed to be accepted as free from defects and/or defects. Subsequently, the Customer must proceed with the request for return by sending an email to the address indicated in the area of the Market Place containing the name list of the Sellers and the related contact details www.lof.it/en/vendors/list and the Seller will provide, at your own expense, to organize the collection of the Product, compatible with the availability of the Customer.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 – The Customer does not acquire any rights or faculties, including mere use, with respect to any right or intellectual property rights of the Supplier, Seller or manufacturer of the Products, including trade names, registered and de facto trademarks and/or any distinctive marks, design, copyright.
12.2 – The copy of the documentation sent to the Customer, all materials and instructions provided by the Seller to the Customer, in any format, will remain the exclusive property of the Customer.
13. APPLICABLE LAW AND JURISDICTION
13.1 – These General Conditions are governed by Italian law and must be interpreted in accordance with Italian law. For any dispute arising in relation to the interpretation, validity and/or execution of these General Conditions, the exclusive territorial jurisdiction will be that of the Court of Milan, or, if the Customer is a Consumer, the Forum of the Customer’s domicile.
14.1 – By ordering and/or registering on the Marketplace, the Customer irrevocably accepts the terms and conditions of the contract, with respect to which it is necessary the only indispensable confirmation of reading and understanding of the information relating to the processing of their personal data, available in an extended version on the Marketplace, while, optionally, expresses its consent, always revocable free of charge, at any time and without any formalities with respect to any processing of personal data additional to those required. The processing, storage and transmission of personal data is carried out in compliance with any precautionary measure, which guarantees their security and confidentiality, in accordance with the provisions of the GDPR, for the sole purpose of being able effectively to fulfil the obligations provided for by the laws, civil and tax laws related to the economic activity of the company, including the management of receipts and payments arising from the execution of contracts.
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Pursuant to art. 1341 of the Italian Civil Code, the Customer declares that he expressly and specifically accepts the following provisions of the General Conditions:
2.4 (exemption from liability and indemnification for the violation of the rules on registration to the Marketplace); 5.3 (limitation of liability for the compliance of the Products to regulations following the order); 5.4 (changes to the General Conditions); 5.5 (change in prices, Products and services on the Marketplace); 5.7 (delivery limited to the Italian territory); 6.4 (availability of the Products); 6.5 (acceptance of the order); 7.3 (changes in fees) 9.2 (exemption from liability for delays in delivery); 9.3 and 9.4 (obligation to check on receipt and acceptance of delivery); 9.5 (forfeiture of any claims for defects in the product not reported); 9.6 and 9.7 (forfeiture of any disputes in the event of unavailability of the Customer on delivery); 10.3 (suspension of refund); 10.6 (exclusion of the right of withdrawal); 11.2 (forfeiture of the guarantee); 12.1 and 12.2 (intellectual property rights); 13.1 (Jurisdiction).