Terms and Conditions

1. Scope of application

1.1 The company LM Europe SA (hereinafter also referred to as the "Seller") markets products under the "LA MARTINA" brand (hereinafter referred to as the "Product(s)"). The Seller intends, in conjunction with its ordinary sales network, to offer its customers a remote sales network for some of its products via the website www.lamartina.com, any subdomain connected thereto, and related application program interfaces (hereinafter also referred to as the "Website").

1.2 The following Terms and Conditions of Sale, together with the Seller's Privacy and Cookie Policy (link) (hereinafter also jointly referred to as the "Terms and Conditions"), govern (i) the use of the www.lamartina.com Website and any other website, application or service connected thereto; (ii) any purchase of "LA MARTINA" brand products made remotely via the Website and present in the range of the LM Europe SA online shop; (iii) the collection and use of personal information provided by the customer.

1.3 Sales through the Website, as well as its management, are carried out by the following company:

LM Europe SA – Via Comacini, 2 – 6830 Chiasso, Switzerland - CHE-255864181 – privacy@lamartina.eu

1.4 Purchases made via the Website are exclusively reserved for domestic and private use by end consumers, i.e., private customers who are not intending to carry out any associated business, commercial or professional activities, who meet the age requirements specified in these Terms and Conditions (hereinafter referred to as the "Customer"). It is therefore prohibited to resell and/or transfer any "LA MARTINA" brand product available and purchased on the Website for commercial purposes.

1.5 These Terms and Conditions – which are published and available in their entirety on the Website – form an integral part of the sales contract stipulated between the Seller and the Customer. Any other terms and conditions will not be considered valid and applicable. The Seller reserves the right to modify the Terms and Conditions at its discretion at any time; the Customer is therefore invited to read and accept the Terms and Conditions before purchasing from the Website.

1.6 It is understood that sending an order, and/or accessing or using the Website, implies knowledge and full acceptance of the Terms and Conditions on the part of the Customer.

2. Orders

2.1 The Customer can place orders on the Website in Italian, English, French, Spanish, and German.

2.2 The Customer can view, select and order the Products by following the relevant purchase process and the information provided. Orders can only be placed by customers over the age of 16.

2.3 By clicking on the "Pay now" button, the Customer concludes the binding purchase process, agreeing to send payment for the purchase of the Product(s) selected and placed in their “Shopping Cart” directly to the Seller, in accordance with these Terms and Conditions.

2.4 The Customer has the option to modify or cancel their order at any time during the purchase process by following the instructions on the Website.

2.5 Following the sending of the order, the purchase process is concluded and the Customer will receive an automatic email from the Seller containing the order details and a description of the Product(s) ordered (hereinafter referred to as the “Order Proposal”). The Order Proposal does not constitute confirmation or acceptance of the order itself.

2.6 The availability of the Products on the Website at the time of the order may vary and cannot always be guaranteed; as a result, the Seller reserves the right, as of now, not to accept or partially accept the order(s) sent by the Customer, for any production or commercial reason, subject to timely communication via email.

2.7 The Seller will send formal acceptance of the order to the Customer by email confirming the processing and subsequent shipment of the Product(s) (hereinafter referred to as the “Order Confirmation”). The sales contract between the Seller and the Customer is concluded upon receipt of the Order Confirmation.

2.8 Having registered on the Website, the Customer will have the opportunity to consult and print their order at any time by accessing the dedicated “My Orders” section of the Website.

2.9 If, after the stipulation of the contract, the total or partial shipment of the ordered Product(s) cannot be achieved due to a force majeure event or for reasons beyond the control of the Seller, the latter reserves the right to withdraw totally or partially from the contract. The Customer will be informed by email. Any payments already made by the Customer will be refunded completely (in case of total withdrawal) or partially (in case of partial withdrawal). In this case, the Customer will not be able to assert any further rights or claims against the Seller.

2.10 Product availability. The Products offered on the Website may not be available for sale at the time of the purchase process. By following the instructions on the Website, the Customer may request that the Seller inform them regarding the availability of Products of interest to them. The Seller will subsequently inform the Customer via email when the Products are available for sale.

A request for availability information does not imply any obligation to purchase on the part of the Customer.

3. Shipping and delivery

3.1 Once the Order Confirmation has been received, the Customer will be able to monitor the shipping and delivery process for the purchased Product(s) via the link provided in the shipping confirmation email.

3.2 Subject to regular payment, the Product(s) can be delivered to any address indicated by the Customer within the territories listed below:

GERMANY	FRANCE
SPAIN	ITALY
AUSTRIA	GREECE
THE NETHERLANDS

3.3 No shipment or delivery can be accepted or guaranteed outside the territories indicated above. The Customer may request delivery of the Product(s) to third parties, provided that their residence or domicile is located in the above territories. Any customs charges for shipments outside the EU will be the sole responsibility of the Customer.

3.4 The Product(s) will be delivered, subject to regular payment for the order, within 30 (thirty) days of the date of the conclusion of the contract, except as indicated in Article 2.9. In any case, the Customer will be able to consult all documents relating to their order in the dedicated section of the Website.

The Customer can choose one of the following delivery methods:

Express courier

The Customer will be able to choose the courier shipping options indicated on the Website.

At the time of delivery, the Customer undertakes to check that the goods are intact and received in their entirety. In the event of externally recognisable transport damage or quantity differences, the Customer must immediately report damages or differences to the courier on the delivery note.

Product damage (that is not externally recognisable) must be reported to the Seller as indicated in Article 6, entitled Warranty, below. Delivery costs will be borne by the Customer and duly indicated in the order form at the time of purchase, unless otherwise indicated on the Website.

4. Payment conditions and prices

4.1 The up-to-date information regarding the payment methods available to the Customer is highlighted on the Website at the time of purchase. All payments are managed independently by third-party services and providers. In any case, the Customer can pay with the following payment methods:

Credit card (Visa, Mastercard, American Express, Maestro, Union Pay)
PayPal, Google Pay, Apple Pay, Shop Pay
Klarna
Bank transfer

Credit card. The Customer confirms and declares that they are the holder of the credit card used for the payment (or otherwise authorised to use it), and have correctly entered the (i) expiry date; (ii) card number; and (iii) security code. The credit card will be charged at the time of Order Confirmation. The payment process is managed directly by the bank in question, which stores and manages the information necessary to conclude the transaction automatically and autonomously. In the event that the card fails to be charged, for any reason, the sale will be cancelled.

Payment gateway. This payment method involves the redirection of the Customer to the service provider's website (e.g. paypal.com, google.com, apple.com) where they can proceed with the payment by following the instructions indicated therein. The data that the Customer enters on the service provider's website will be processed directly by the latter, without involving the Seller, who is not involved in the process. The Seller cannot be held responsible for any delays and/or omissions relating to payment through such websites. To use this service, the Website may need to store an identification code linked to the gateway account used, for the sole purpose of automatically processing payments for future purchases or periodic instalments.

Klarna. This payment method – on credit and in instalments – involves the redirection of the Customer to the website www.klarna.com where they can proceed with the payment by following the instructions indicated therein. The data that the Customer enters on the Klarna website will be processed directly by Klarna without involving the Seller, who is not involved in the process. The Seller cannot be held responsible for any delays and/or omissions relating to payment through such websites. To use this service, the Website may need to store an identification code linked to the Klarna account used, for the sole purpose of automatically processing payments for future purchases or periodic instalments.

4.2 All prices on the Website are expressed in the currency applicable to the country of delivery and are inclusive of local taxes and duties. Prices and shipping costs are indicated before the order is sent.

4.3 Product prices and availability may be subject to changes and updates at any time. The Seller reserves the right to withdraw and apply offers, modify prices, and correct errors and omissions at any time and at its discretion until the Order Confirmation.

4.4 Shipping costs, as well as any additional costs, will be indicated and charged to the Customer separately.

4.5 Until the Customer has paid the full price, they will not acquire ownership of the ordered Product(s).

5. Right of withdrawal and returns

5.1 The Customer can exercise their right of withdrawal within 14 (fourteen) days of the date of delivery of the Product(s). To correctly exercise this right, the Customer must inform the Seller by completing the “Withdrawal Form” on the Website (link: see form), following the process laid out on the Website.

The Customer must comply with the following additional conditions:

the Product(s) must be accompanied by the purchase receipt;
the Product(s) must be accompanied by the original labels and tags;
the Product(s) must not be damaged, used, worn, handled, repaired and/or washed;

5.2 The Seller reserves the right to refuse the return of any Product(s) found to be damaged, incomplete, worn and/or dirty, or in any condition that unequivocally suggests that the Product(s) has/have been used, or any Product(s) returned beyond the peremptory deadline indicated above.

5.3 The Seller also reserves the right to request compensation for any damage that may be attributed to the Customer's negligent or malicious conduct when returning the Product(s). The Seller cannot be held responsible in the event of loss or theft of returned Product(s) that cannot be attributed to the Seller, as well as in the event of returns to an incorrect address and delays in the delivery of returned Product(s) that cannot be attributed to the Seller. The Customer is responsible for providing proof of return of the Product(s).

5.4 The return process is carried out under the Customer's care, and at their risk and expense. The Customer can return the Product(s) purchased on the Website:

Express courier

The return of the Product(s) must take place within 14 (fourteen) days of receipt of the goods via express courier, as recognised by the Seller, according to the instructions provided by the Seller with the methods indicated in the preceding Article 5.1.

6. Warranty

6.1 The Product(s) purchased on the Website are covered by a 2 (two) year warranty for manufacturing defects from the date of purchase. (hereinafter referred to as the “Warranty”). The Customer must provide the purchase receipt.

6.2 The Warranty covers any defect in the Product(s), including non-conformity, in accordance with the principles established by existing European Directives and specifically Directive 1999/44/EC. The Warranty will be fully valid and effective provided that:

a) the defect manifests itself within 2 (two) years from the date of delivery of the Products;
b) the Customer reports the defects to the Seller within 2 (two) months from the date of discovery of the defect.

6.3 In the presence of defects, the Customer has the right to have the Product(s) repaired or, if repairs prove impossible, replaced. In the event that repairing or replacing the defective Product(s) proves impossible, the Seller will refund the price of the Product(s) to the Customer. The Customer is not authorised to entrust repairs to third parties; in this case, the Warranty will be void. The right to the Product Warranty will also be void in the event of:

technical intervention(s) and damage that can be attributed to unsuitable treatment;
excessive or improper stress;
use contrary to the purpose of the Product(s);
an external cause (i.e., moisture, contact with liquids, impacts, etc.);
failure to comply with the use and maintenance instructions;
negligence in the use of the Product(s).

6.4 All information, product descriptions, illustrations, videos, technical specifications and ancillary reports on the Website are subject to errors and do not constitute a guarantee of the characteristics of the Product. The Warranty will not cover any discrepancies.

6.4 In order to exercise their Warranty, the Customer can contact the Seller's customer service team by providing the original purchase invoice.

7. Privacy

7.1 The Seller collects, stores and processes the Customer's personal data in compliance with Swiss and European legislation on privacy and personal data.

7.2 The Customer can always obtain information in this regard by consulting the Seller's Privacy and Cookie Policy (link).

8. Intellectual property

8.1 The brands, logos, images, names and any other content present on the Website are the exclusive property of the Seller (hereinafter referred to as the “Trademarks”). The Trademarks and any other names or logos owned by third parties cannot be used without express written authorisation from the Seller or the relevant owner. Nothing on the Website grants or confers any type of licence or right to use the Trademarks to any third party.

8.2 The Customer may not reproduce, publish, distribute, display, modify, create or exploit in any way the Trademarks and any other content of the Website. The Customer is authorised, for their exclusive personal use, to view, download and print Website content that may be useful for the purchasing process.

9. Account

9.1 To enjoy the correct use of the online services offered on the Website, the Customer will be asked to create a personal profile by providing the relevant personal information (hereinafter referred to as “Account”).

9.2 The purchase of some Products may be possible with the creation of a temporary Account (hereinafter referred to as “Guest Account”), which may also be used to manage and complete a single purchase. In this case, a personal profile will not be created. The Customer undertakes to provide the Seller with the necessary personal information to complete the purchase and for shipping and delivery. The collection and processing of any personal data is governed by the Seller's Privacy and Cookie Policy (Link).

9.3 The Customer agrees to provide only truthful, accurate and up-to-date information, and undertakes to keep any access codes confidential. The Seller has no obligation to verify the authority and identity of the people who use Accounts on the Website. The Customer accepts all responsibility related to the information on and use of the Account. The Customer is free to close and/or cease use of their Account at any time by sending a request to the customer service team at customercare@lamartina.eu.

9.4 The Seller reserves the right to suspend or close any Account and restrict access to the Website if it is clearly in conflict with the Terms and Conditions or any applicable laws. Suspension or cancellation of the Account does not give the Customer any right to compensation or reimbursement.

9.5 Access to the Website is temporary. The Customer is responsible for organising every technical aspect that is useful and necessary for browsing and regular access to the Website.

10. Rules of conduct

While browsing and accessing the Website, the Customer agrees to NOT:

- Violate any local rules, laws or regulations;

- Violate the security of the Website;

- Use identities of third parties;

- Alter, edit and/or delete any content on the Website;

- Limit or compromise the functionality of the Website;

- Use the Website and its contents for purposes punishable by local laws;

11. Contacts

The Customer may direct any request or comment regarding the Website, the Terms or Conditions, or Products to the Seller's customer service team via:

Email:	customercare@lamartina.eu
Telephone:	+39 041 9690712
WhatsApp:	+39 041 9690712
Website:	Contact form

12. Limitation of liability

12.1 Except in the case of wilful misconduct or gross negligence, the Seller will not be liable to the Customer for damages of any nature, direct or indirect, that may arise from the purchase of the Products offered for sale on the Website.

12.2 The Website is intended exclusively for private and domestic use. The Customer accepts this fact and undertakes not to use the Website and/or the Products for any commercial or resale purpose.

13. Product descriptions and prices

13.1 In light of the artisanal nature of the Products and the materials used to create them, the images used on the Website may differ from the actual characteristics of the Products. Any differences reflect the unique and prestigious characteristics of the Products, and therefore cannot form the basis of a valid complaint regarding the qualities of the Products.

13.2 The Seller pays particular attention to accurately and correctly representing the characteristics of the Products; nevertheless, the images on the Website are to be considered purely indicative, as they may differ from the actual characteristics of the Products. The technical specifications, displays and settings of each individual electronic device may also influence the representation of the Products.

13.3 The Seller undertakes to correct any errors, inaccuracies and/or omissions by updating and modifying the content of the Website, but cannot be held responsible for any information on the Website that is not accurate, complete or current. The Customer undertakes to check and monitor any changes to the Website and its content.

13.4 Prices, services and availability of the Products are subject to change without notice. The Seller has the right to revoke offers and modify and correct errors, omissions or inaccuracies even after an order has been sent by the Customer

14. Force majeure

14.1 The Seller has the right to interrupt the execution of its services in the event of any unforeseeable or force majeure event which prevents or delays its execution.

14.2 The Customer will be immediately informed of the occurrence of such events via email.

15. Applicable law

15.1 The Terms and Conditions, the commercial relationship between the Customer and the Seller, and any Order related or connected to these Terms and Conditions, are governed by Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

15.2 The court of Lugano, Switzerland, will hold exclusive jurisdiction.

15.3 If the Customer is a consumer, the applicable law and competent court will be those associated with the Customer's residence. The Customer has the right to resolve any dispute arising from a sales contract concluded online out of court, without prejudice to the right to access judicial protection, by submitting a claim online via the European Online Dispute Resolution (ODR) platform – http://ec.europa.eu/consumers/odr – in compliance with the provisions of Regulation (EU) no. 524/2013.

16. Terms and Conditions

Should some provisions of these Terms and Conditions be found null or ineffective, this will not lead to the consequent ineffectiveness or nullity of the remaining provisions, which will remain fully valid.

The Seller may change and expand these Terms and Conditions at any time. The most up-to-date version will be promptly published on the Website.

Last updated 1 April 2024.

Terms and Conditions

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