LALUNA

Legal notice

Welcome to the www.lunacollant.it website (from now on the “website”)
Navigation of this website implies that the user is fully aware of legal notice hereby detailed, while the purchasing of the products offered on this site also implies that the user has read and understood and accepted the GENERAL SALES CONDITIONS applied by the Company that manages the site. The website is managed and maintained by M.T.M. S.r.l. (from now on LALUNA), with registered office in via San Martino 22 – 46040 Guidizzolo (MN), Italy, company reistered at the Mantova company registrar with no. 02482040207 – C.F. and P.IVA no. 02482040207. For information about how to make purchases, place orders, returns or refunds and for any other info related to the services offered by the website please visit the appropriate area on the same website.
If you wish you can contact LALUNA at the email address shop@lalunacollant.com.
For any further legal information please visit the GENERAL SALES CONDITIONS area, where you will also find all conditions attaining the right of withdrawal and our Privacy Policy.
The access and navigation on the website should be performed for personal purposes only, without any commercial or professional purpose. Whoever is visiting the website for commercial or any other non-personal purposes is invited to abstain from purchasing. In any case all purchases performed by any subject different from the end user of the products make the general sales conditions inapplicable, and hence the rights defined by the law for customer protection. LALUNA are not responsible for any illegal use of any material or product presented on the website by any third party.

1. INTELLECTUAL PROPERTY

The website content, design, logos, images and any other graphic imaging are protected by copyright, and it is forbidden to copy them, either partially or totally, in a direct or indirect way. No reproduction on any support of the website content is allowed without prior written consent of LALUNA. Authors of single works used in the website have the right to claim their copyright on those works and to object and oppose to any distortion, cutting or other modification of the same, including any act that might be considered as damaging their honor or reputation. All brands presented on the website and related to products on sale on the website are well known to a wide public. Any incorrect or non compliant with the law use of such brands, as not authorized, is forbidden and can lead to serious legal consequences. It is absolutely forbidden to use such brands and any other mark or logos presented in the website in order to take unduly advantage from the character or fame of such brands, so to damage them or the legitimate owners. LALUNA declines any responsibility for any incorrect and illegal use eventually performed by website users or by third parties in connection with material presented on the website.

2. CONTENTS

No contents of the website is designed to describe or represent scenes or situations of violence, either physical or psychological, or aimed at injuring anybody’s civil opinions or human rights or personal dignity, in all their forms and expressions. LALUNA is strongly committed at preventing any offence to anybody’s sense of decency, religious convictions or sensibility. Nevertheless we cannot guarantee that our contents are acceptable by anybody everywhere in the world: should you find any of the contents of this website unacceptable for any reason please stop your navigation. All information in this website are as accurate as possible, but they should not influence your decision process. LALUNA put the best effort to ensure that the information available on the website are correct at the moment of posting, but we cannot guarantee for their accuracy. LALUNA cannot be held responsible for any action you might decide to take as a consequence of your confidence in such information and advices, neither for any losses or damages that might occur as a consequence of such actions.

3. LINK

This website can include links to external websites. If you click on these links those sites might appear at full screen, or inside a frame of this website. Even if an external website appears inside a frame of this site, this is only meant as a facilitation of the navigation and to make it easy to come back to our site, and it does not imply any responsibility whatsoever for what is offered or presented by the external website. These links are meant to help you find, quickly and easily, relevant sites, products or services that you might find interesting. It is under your responsibility to assess whether such products or services are satisfying your expectations. LALUNA is not responsible for owners or managers of these sites, neither for the product and/or services they offer, neither for any of these sites’ contents. Therefore we cannot be considered responsible for any guarantee, condition or statement connected with these (including any responsibility arising by any violation of any copyright or intellectual property right performed by them).

4. MALFUNCTIONS

LALUNA cannot guarantee the users that this website will work without any interruption and with no errors or malfunctions due to problems with the internet connection.

Returns

According to the art. 64 and following of the Law Decree 206/2005 the Customer has the right to withdraw one-sidely from the Contract, by returning the purchased Products and at the same time be refunded for the price paid, without any penalty and/or specification of the reasons.
The right of withdrawal is granted to all individuals who act for purposes not directly connected with their professional activity: Therefore companies , distributors and dealers are not entitled to such right.
In order to exercise the right of withdrawal the Customer must send an e-mail to the address info@lalunacollant.it within ten (10) days from the reception of the goods. LALUNA will reply by sending and identification code for return to the Customer. The return of the Products will have to be performed by express courier with tracking feature, and the related expenses will be responsibility of the Customer. The shipment, until certificated arrival in the LALUNA warehouse, is sole responsibility of the Customer.
The goods to be returned must be shipped within seven (7) days from the date of receipt of the identification code, and must be sent to the following address: VANONI MATTIA Via Salvo D’Acquisto 8, 46040 Guidizzolo (MN) ITALIA - TEL +39 340 2586987 FAX +39 0376847135. The respect of the terms is considered with regard to the time of the delivery of the Products to be returned to the express courier.
In order for the right of withdrawal to be correctly performed the Products must be returned undamaged, never used or worn, in the original packaging and with the original labels in place. The packaging of the Products must be accurate, in order to avoid any damages possibly arising from writing or stickers put on the parcel. No return can be accepted without the proper identification code, as informed at previous art. 3.
The efficacy of the withdrawal is subject to verification of the conditions of the products returned, and to their correspondence of the goods listed in the Order form and in the return form provided by LALUNA.
If the return of the goods has been performed by following the indications described in the above articles LALUNA will return the amount paid for the purchase, deducted all costs of shipment and delivery, within thirty (30) days from the receipt of the returned goods. The refund will not include shipment costs, either those born at the time for the first shipment or those born for the returning. No change of the purchased products with others will be possible at any time. Should the addressee of the Products as indicated in the Order form and the individual who has performed the payment for the same goods appear to be two different persons, in case of withdrawal, the refund will be sent to the individual who has made the payment, thus freeing LALUNA from any further obligation.

Shipment and payments

SHIPMENT COSTS AND TIMING

The shipment costs, as well as VAT and other eventual taxes, when required, will be charged to the Customer, and will be expressly detailed at the time of the Order. Nothing more is expected from the Customer with respect to the total amount of the Order as communicated at the end of the purchasing procedure, with the possible exception of custom duties and costs that are exclusive responsibility of the Customer.

The shipment and delivery of the Products to the address communicated by the Customer is performed by the company SDA Express Courier.

The shipment can be DDP or DDU according to the country of residence of the Customer. The DDP formula (Delivery Duty Paid) is valid for EU countries, as detailed in Annex B, and in this case the VAT is already included in the product price. The DDU formula (Delivery Duty Unpaid) is valid for extra-EU countries, and in this case the VAT is not included, but every local costs or taxes, import or duty costs, are exclusive responsibility of the Customer.

The time required for the delivery is approximately 2/4 working days, starting from the payment date, in case of advance payment, or from the date of the order acceptance in case of payment against delivery. These times are not binding for LALUNA, that in any case is committed to execute the contract within thirty (30) days from the above mentioned dates. The shipment and delivery times are to be meant in working days. No shipment will be performed during holidays.

In case of unavailability of one or more products after reception of the Order LALUNA can ship the other goods ordered and available at that time. The partial shipment is considered valid and cannot be rejected by the customer, neither this will entitle the Customer to refunds or compensation, with the exception of the refund of the payment of the unavailable products, as previously informed at the art. 3.7.

LALUNA is free from any obligation of delivery of the Products with the consignment of the goods to the courier, according to art.1510, comma 2 of the Civil Code, with consequent transfer to the Customer of the ownership of the same Products , along with the connected risks of damage.

The shipment costs are the following:

Order value / Destination	Italy	UE Countries	Rest of the World
Up to € 200,00	€ 7,50	€ 16,00	€ 30,00
From € 200,01 to € 500,00	Free of charge	€ 16,00	€ 30,00
Over € 500,00	Free of charge	Free of charge	Free of charge

The following are UE countries, and therefore all purchased performed by customers living in these countries are subject to 22% VAT:
• Austria • Lithuania • Belgium • Luxembourg • Bulgaria • Nederland • Cech Republic • Poland • Denmark • Portugal • Estonia • United Kingdom (UK) • Finland • Romania • France • Slovakia • Germany • Slovenia • Croatia • Greece • Spain • Ireland • Sweden • Italy • Hungary • Latvia

PAYMENTS AND ORDERS

Prices are in euro.
The total amount resulting at the end of the Order includes eventual shipment costs, as detailed in Annex A, as well as VAT and all other transfer costs, if owed.
The customer can choose among the following payment ways: credit card, PayPal, bank transfer.
The payment must be performed at the time of the Order, with the exception of payment against delivery.
In case of payment by credit card, the financial information will be forwarded using an encrypted protocol to the Banking institutions that supply the service of remote electronic payment, with no possibility for any third party to have access to such information. This information will never be used by LALUNA for purposes other than the finalization of the purchasing procedure and the eventual refund for products that should be returned (as a result of the right of withdrawal), or in case it should prove necessary to inform the Police authority about the existence of cases of fraud.
For payments made using an American Express card the shipment address and the card owner address must be the same. In case of difference further verification will be needed, and the goods will not be delivered until these are completed.
The filling of the Order form and the choose of the payment by credit card as a means of payment implies authorization by the Customer to debit the total amount, as resulting from the purchasing procedure, on his bank account.
In case of payment by bank transfer LALUNA will perform the shipment at the time of the credit of the total amount owed on the bank account provided to the Customer.
The bank transfer must be performed within 48 working hours.
The bank transfer will have to be addressed to:
M.T.M. SRL
Banca Popolare di Verona
Agenzia di Guidizzolo (MN)
SWIFT BAPPIT21033
IBAN IT 44 K 05034 57680 000000000351

General sales conditions

Here you will find all information about the www.lalunacollant.it website genral sales conditions.
Please read them thoroughly before you make your purchases. The website is managed and maintained by M.T.M. S.r.l., with main office in Guidizzolo (MN), Italy, via San Martino 22. The supply and sales of products on our website are regulated by these General Sales Conditions, and, for all matters not considered hereby, by art. 1470 (and following) of the Italian Civil Code (Codice Civile), and from law decree no. 206, dated, Sept 6th, 2005 (so-called “consumer code” (Codice del consumo)), with special reference, where compatible, to Part III, chapter III, section II (articles 50-61) for what concerns remote contracts.

1. DEFINITIONS

1.1 With “website” we mean the www.lalunacollant.it internet website.
1.2 “Customer” is the actor (either a physical person or a company) who performs the purchase on the website, thus accepting the present General Sales Conditions (GSC).
1.3 “LALUNA” is the company M.T.M. S.r.l., with main office in via San Martino 22, 46040 Guidizzolo (MN), Italy, tel. +39 340 2586987, fax +39 0376 847135, a company registered at the Mantova Company Registrar, with no. 02482040207 - C.F. and P. IVA no. 02482040207.
1.4 “Order” or “order form” is the form filled in by the customer to command goods that are on sale on the website.
1.5 “Products” are the goods available for sale on the website, according to the GSC’s.
1.6 “Price” is the compensation for the sales of the products (the goods).
1.7 “Contract” is the remote contract that regulates the sale of the products, according to the GSC’s.
1.8 “Parties” are LALUNA and the customer.

2. COMMERCIAL POLICY

2.1 The products available on the website are directly commercialized and guaranteed by LALUNA.
2.2 LALUNA’s e-commerce activity is addressed to consumers, i.e. individuals who act independently and apart from their eventual status of commercial entrepreneurs.
2.3 With respect to individuals acting as professionals the offer of Products on the website cannot be intended as contractual proposal. LALUNA has therefore the right to reject Orders coming from subjects that are not “consumers” (end users), according to existing laws and regulations, and in particular the Law Decree no. 206/2005 (D.L. n. 206/2005)
2.4 The above mentioned orders, in except to what stated in the forthcoming art. 3, comma 4, will only be treated as simple proposals, to which LALUNA will have the right to accept or not, and these GSC’s, that are meant exclusively for customer protection, will not apply to related contracts.

3. PURCHASING PROCEDURE

3.1 The products are for sale on the website according to the terms and conditions set in the GSC’s posted on the website at the time of the order.
3.2 To finalize the purchasing contract of one or more products on the website you will need to fill in the Order electronic form and send it via internet, by properly following the instructions that apply.
3.3 With the Order transmittal the Customer confirms that he is aware and accepts the GSC’s described on the website, even recalled by a link, including the Legal Notice. The Contract is considered finalized when LALUNA receives the order form thoroughly filled in by Customer, and once it has been verified as correct.
3.4 The Order is considered accepted according to art. 1326 of the Civil Code (Codice Civile)
3.5 Once the Contract is finalized LALUNA will send by e-mail an order acceptance receipt to the address communicated by the Customer, including a summary of the information present in the order form, with request to verify eventual mistakes occurred while inputting the data. Such receipt is to be meant as a communication according to art. 52 of the Law Decree no. 205/2006.
3.6 Prices and Products are subject to modifications, starting from the date communicated on the website.
3.7 Should the required products not be available any more at the time of the Order transmittal, LALUNA will promptly inform the customer of such unavailability, and the price, if already paid, will be refunded.

4. TIMING AND SHIPPING PROCEDURE

4.1 The shipment costs, as well as VAT and other eventual taxes, when required, will be charged to the Customer, and will be expressly detailed at the time of the Order. Nothing more is expected from the Customer with respect to the total amount of the Order as communicated at the end of the purchasing procedure, with the possible exception of custom duties and costs that are exclusive responsibility of the Customer.
4.2 The shipment and delivery of the Products to the address communicated by the Customer is performed by the company SDA Express Courier.
4.3 The shipment can be DDP or DDU according to the country of residence of the Customer. The DDP formula (Delivery Duty Paid) is valid for EU countries, as detailed in Annex B, and in this case the VAT is already included in the product price. The DDU formula (Delivery Duty Unpaid) is valid for extra-EU countries, and in this case the VAT is not included, but every local costs or taxes, import or duty costs, are exclusive responsibility of the Customer.
4.4 The time required for the delivery is approximately 2/4 working days, starting from the payment date, in case of advance payment, or from the date of the order acceptance in case of payment against delivery. These times are not binding for LALUNA, that in any case is committed to execute the contract within thirty (30) days from the above mentioned dates. The shipment and delivery times are to be meant in working days. No shipment will be performed during holidays.
4.5 In case of unavailability of one or more products after reception of the Order LALUNA can ship the other goods ordered and available at that time. The partial shipment is considered valid and cannot be rejected by the customer, neither this will entitle the Customer to refunds or compensation, with the exception of the refund of the payment of the unavailable products, as previously informed at the art. 3.7.
4.6 LALUNA is free from any obligation of delivery of the Products with the consignment of the goods to the courier, according to art.1510, comma 2 of the Civil Code, with consequent transfer to the Customer of the ownership of the same Products , along with the connected risks of damage.

5. CUSTOMER OBLIGATIONS

5.1 In order to be able to purchase any product on the website the Customer must first register on the website, thus communicating the data required for the completion of the Order and the shipment and delivery of the Products. The registrations is free and does not compel the Customer to any purchases. The Customer commits to communicate correct, real and complete information, for what concerns personal information and address and every other information useful for the completion of the Order.
5.2 The Customer will pay the Price of the purchased Products and will retain the Order receipt as sent by www.lalunacollant.it to the e-mail address communicated when registering to the website.

6. PRICE AND PAYMENT

6.1 Prices are in Euro
6.2 The total amount resulting at the end of the Order includes eventual shipment costs, as detailed in Annex A, as well as VAT and all other transfer costs, if owed.
6.3 The customer can choose among the following payment ways: credit card, PayPal, bank transfer.
6.4 The payment must be performed at the time of the Order, with the exception of payment against delivery.
6.5 In case of payment by credit card, the financial information will be forwarded using an encrypted protocol to the Banking institutions that supply the service of remote electronic payment, with no possibility for any third party to have access to such information. This information will never be used by LALUNA for purposes other than the finalization of the purchasing procedure and the eventual refund for products that should be returned (as a result of the right of withdrawal), or in case it should prove necessary to inform the Police authority about the existence of cases of fraud.
6.6 The filling of the Order form and the choose of the payment by credit card as a means of payment implies authorization by the Customer to debit the total amount, as resulting from the purchasing procedure, on his bank account.
6.7 In case of payment by bank transfer LALUNA will perform the shipment at the time of the credit of the total amount owed on the bank account provided to the Customer.

7. FORCE MAJEURE

7.1 7.1 The parties cannot be held responsible for any delay in the performance of their obligations, according to the Contract, if such delay is cause by circumstances out of their reasonable control. The party whose performance is delayed by “force majeure” causes will be entitled to a sufficient extension of the terms, to allow them to perform their obligations.

8. COPYRIGHT, LOGOS AND BRANDS

8.1 Logos, brands, marks and other distinctive signs of different nature seen on the website belong to the respective owners.
8.2 It is forbidden any use of marks, logos, brands and other distinctive signs – including the reproduction for use on other websites – by unauthorized third parties.
8.3 The website contents (text, graphics, animations and images) are protected by the copyright laws.

9. RIGHT OF WITHDRAWAL

9.1 According to the art. 64 and following of the Law Decree 206/2005 the Customer has the right to withdraw one-sidely from the Contract, by returning the purchased Products and at the same time be refunded for the price paid, without any penalty and/or specification of the reasons.
9.2 The right of withdrawal is granted to all individuals who act for purposes not directly connected with their professional activity: Therefore companies , distributors and dealers are not entitled to such right.
9.3 In order to exercise the right of withdrawal the Customer must send an e-mail to the address info@lalunacollant.it within ten (10) days from the reception of the goods. LALUNA will reply by sending and identification code for return to the Customer. The return of the Products will have to be performed by express courier with tracking feature, and the related expenses will be responsibility of the Customer. The shipment, until certificated arrival in the LALUNA warehouse, is sole responsibility of the Customer.
9.4 The goods to be returned must be shipped within seven (7) days from the date of receipt of the identification code, and must be sent to the following address: VANONI MATTIA Via Salvo D’Acquisto 8, 46040 Guidizzolo (MN) ITALIA - TEL +39 340 2586987 FAX +39 0376847135. The respect of the terms is considered with regard to the time of the delivery of the Products to be returned to the express courier.
9.5 In order for the right of withdrawal to be correctly performed the Products must be returned undamaged, never used or worn, in the original packaging and with the original labels in place. The packaging of the Products must be accurate, in order to avoid any damages possibly arising from writing or stickers put on the parcel. No return can be accepted without the proper identification code, as informed at previous art. 3.
9.6 The efficacy of the withdrawal is subject to verification of the conditions of the products returned, and to their correspondence of the goods listed in the Order form and in the return form provided by LALUNA.
9.7 If the return of the goods has been performed by following the indications described in the above articles LALUNA will return the amount paid for the purchase, deducted all costs of shipment and delivery, within thirty (30) days from the receipt of the returned goods. The refund will not include shipment costs, either those born at the time for the first shipment or those born for the returning. No change of the purchased products with others will be possible at any time.
9.8 Should the addressee of the Products as indicated in the Order form and the individual who has performed the payment for the same goods appear to be two different persons, in case of withdrawal, the refund will be sent to the individual who has made the payment, thus freeing LALUNA from any further obligation.

10. PRIVACY POLICY

10.1 The data communicated by the customer in order to allow the execution of the contract are treated according to the Law Decree no. 196/2003, regarding the “Protection of personal data”. Responsible for such protection is LALUNA, with main office in Via San Martino 22, 46040 Guidizzolo (MN) Italy.
10.2 The personal data requested at the moment of the placement of the Order are collected for the sole purpose of satisfying the Customer requirements and will not forwarded to third parties at any time and for no reason.
10.3 Type of the data handled: a) navigation data: the info systems and the software protocols installed for the correct working of the website acquire, in the normal execution of programs, some personal data whose transmission is implicit in the use of internet communication protocols. These are information that are not collected to be associated to identifiable individuals, but that could be used to identify the user by means of elaborating or associating data with data in the hands of third parties. In this group are IP addresses or domain names of the computers used by the users that navigate on our website, URI addresses (“uniform resource identifier”), the time of the query , the method used to send the request to the server, the size of the file received in response, the numeric code indicating the status of the response sent by the server and other parameters related to the operating system and the informatics ambient of the user. These data could be used to ascertain responsibilities in the case of hypothetical informatics frauds against the website; b) data supplied voluntarily by visiting users: the optional, explicit and voluntary sending of personal data in order to have access to specific services or to perform requests of info to addresses found on the website implies the acquisition of the sender address, needed to respond to requests, as well as other personal data included in the message; c) cookies: no user’s personal data is acquired by the website for this purpose. Cookies are not used for transmission of personal information, neither are the so-called “persistent cookies” (for users tracking) used at any time for any purpose.
10.4 Apart from what specified for navigation data, the user is free to communicate his personal data by using the appropriate sections on the website, and to request or remind the sending of information material or other information. In some case (but this is not the subject of the ordinary activity of the website) the competent Authority can ask for news or information according to the art. 157 of the a.m. Law decree no. 196/2003, for purpose of controlling the actual protection of personal data. In these cases a reply is compulsory, so to avoid administrative sanctions.
10.5 The subjects owner of these personal data are entitled to (1) receive confirmation at any time of the existence of such data, to be informed about their origin and content, verify their correctness and ask for integration or update or correction, and (2) ask for the cancellation, the transformation in anonymous form or the stopping of any handing performed in violation of the law, as well as make opposition, for legitimate reasons, to their handling. Requests must be sent to the responsible for the handling.

11. MODIFICATIONS OF THE AGREEMENT

11.1 The Contract forms the entire agreement between the Parties with regard to the subject, together with the Order, the GSC’s, the conditions connected with the registering service and the Legal Notice.
11.2 Each modification or variation of the Contract will have to be accepted and and signed in written form by both Parties.

12. COMMUNICATIONS

12.1 Every communication between the parties will have to be performed in written form and sent to the address indicated in the Contract and the Order. All communications sent to the e-mail address of the interested Party, as found on the website or the Order, are considered in written form.
12.2 Communications related to the validity or the existence of the present agreement must be solely delivered by hand or sent by registered letter.

13. LANGUAGE, APPLICABLE LAW AND JURISDICTION

13.1 The sales contract is written in Italian and English. In case of doubt or discordance the Italian version is the binding one.
13.2 The contract will be disciplined and interpreted in compliance with the Italian laws.
13.3 The parties expressly agree that the UN Convention on the International Trade of Goods does not apply to the present Contract.
13.4 For any controversy or dispute arising from the performance of the sales contracts signed according to the present General Sales Condition the competent jurisdiction will be the Mantua court.

14. MODIFICATIONS

14.1 The present GSC’s are subject to modifications depending on variations that might occur in the legislative environment. The new eventual GSC’s will be effective starting from the date of appearance on the website.
14.2 According to the art. 1341 of the Civil Code, it is presumed that the Customer is aware and informed about the GSC’s at the time of the purchase.