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List of topics 1. General Conditions 2. Sales to the public – Prices and VAT 3. Purchase and order acceptance procedure 4. Delivery terms 5. Right of Withdrawal 6. Cancellation and/or changes to the order 7. Price changes 8. Payments 9. Responsibilities 10. Warranties 11. Obligations of the Purchaser 12. Contract termination and termination clause 13. Privacy 14. Transaction security 15. Applicable law and jurisdiction
1. General Conditions This website is owned by Locman S.p.A. with registered office in P.za G. da Verrazzano no. 7, 57034 – Campo Nell’Elba (LI) and is dedicated to on line sales. Locman complies with the law on distance selling (Legislative Decree 185/99) which provides precise obligations for the Vendor and equally specific rights for the Customer. We therefore invite you to read the conditions set out below carefully, and keep them in the case you purchase products from the Locman Store. In Italy, the electronic commerce over the Internet is governed by regulations on distance selling. This law (DL 22/05/99 185) guarantees the right to withdraw for any reason from the purchase contract, without any penalty and without specifying the reason, within 10 working days of receipt of the products. All sale, delivery and payment terms are listed in detail. 2. Sales to the public – Prices and VAT
This article is applicable to the end user “consumer”, so any natural person who accesses the www.Locman.com website for purposes not related to his trade, business or profession (B2C). The sales prices of the products indicated on the website are quoted in Euro. All prices are inclusive of VAT, however it is possible that some users located outside the European Union can view prices excluding VAT.
Sales destined for delivery outside the “EU” are not subject to VAT or other taxes and, in such cases, the Customer agrees to be fully accountable for all and any customs fees, value added tax, duties or charges of any other nature due and required in the destination country, including when exercising rights of withdrawal.
The prices are not inclusive of shipping costs which may vary according to the destination, the Products, the method of delivery chosen and will be clearly indicated on the order form. 3. Purchase and order acceptance procedure The purchase procedure is as follows: select the product you wish to view by clicking on the photo, a description page will pop-up, if you decide to purchase it, click BUY NOW. In the shopping cart section you can decide whether to continue browsing, or complete your purchase. To complete the order you must click “PROCEED TO CHECKOUT”, register or log in, confirm the delivery address, select shipping method and payment method, and then wait tor receive confirmation of the transaction. 4. Delivery terms Locman uses contracted freight forwarders who will deliver the order to the address indicated during registration, usually in five – seven (7) workdays, unless exceptions that will be communicated by e-mail, but in any case within a maximum of thirty (30) days from the day following that on which the Customer submitted the order. Each shipment is accompanied by an envelope containing the transport document and the invoice where requested. Resending, for whatever reason, for any of the aforementioned documents will be organised within five days of the request. All shipped Products are packed in cardboard boxes of different sizes, sealed top and bottom with customised tape. On receiving the product, the Customer is obliged to check for conformity of the product delivered to him in relation to the order placed, as follows: – that the number of parcels ( number of packages) shown on the carrier’s bill of lading corresponds to the number of packages delivered; – that the package is intact, not damaged or wet and conforms to the standard features (as described above) of a Locman parcel. Only thereafter, the Customer should sign the delivery note, as from then on he will not be able to make any claims concerning the external features of what was delivered in relation to the placed order. If there is a discrepancy between the order and delivery, in the manner illustrated above, the Customer shall not accept the goods and place a complaint directly with the carrier. If Locman is unable to deliver the goods ordered due to sudden and temporary unavailability of the Products, Locman shall promptly, and in any event, no later than thirty (30) days, notify the Customer by email. The amount already paid by the Customer shall be refunded as soon as possible, and in any event no later than thirty (30) days of the above-mentioned notice. 5. Right of Withdrawal The Customer’s rights are protected by Decree. 185/99, which regulates distance sale contracts. The Customer therefore has the right to withdraw from the contract, even partially, without need for explanations and without incurring additional expenses, provided he follows the procedure below: – withdrawal shall be notified by registered letter with acknowledgment of receipt addressed to Locman S.p.A., P.za G. da Verrazzano no. 7-57034 Campo Nell’Elba (LI) within 10 working days of receipt of goods. Notice can be anticipated within the same term, by email (addressed to firstname.lastname@example.org), fax (+39 0565 979707) or telegram, provided that it is confirmed by registered letter with acknowledgement of receipt within the next 48 hours. Such notice shall specify the cost in question, the desire to withdraw from the purchase contract and the product or products for which the Customer intends to exercise the right of withdrawal and attach a copy of the transport document or placed order. The customer must then return the product at his own expense, unused and undamaged, packed in its original case, together with the warranty and relevant document, to the following address: Locman S.p.A., P.za G. da Verrazzano n. 7 – 57034 Campo Nell’Elba (LI) . Locman shall not be liable for refunding or providing compensation for any Products that are lost, stolen or damaged during such return shipments. If the withdrawal has been exercised in accordance with the above procedures, Locman shall refund the amount paid for the purchase as soon as possible and, in any event, within 30 days from the date on which Locman became aware of the Customer’s decision to exercise his right of withdrawal; 6. Cancellation and/or changes to the order In addition to the provisions of section 5 above, the Customer may cancel the entire order or modify it within the next 12 hours. To change or cancel an order, the Customer must send notice to the Locman Customer Care Service by fax to +39 0565 979707 indicating the online order number and the date the order was placed. The Locman Customer Care service will contact the customer to advise him on the feasibility of the requested changes. 7. Price changes The products on offer are subject to changes in price. The price will be that applicable at the moment the Customer actually places the order, without regard to increases or decreases in prices that may have occurred. Locman constantly checks that all the prices indicated on the website are accurate, but can not guarantee complete absence of errors. In the event that an error in the price of a product is detected, Locman will allow the Customer to confirm the purchase of the Product at the correct price or to cancel the order. 8. Payments
On completing the online order transaction, the reference bank will charge the sum of the amount relating to the purchase on the Customer’s credit card. In the event that a request is made to cancel the order, whether it is the responsibility of the Customer or Locman (order refusal), Locman will return the amount to the credit card used in the purchase flow. The release times for the amount on hold depend exclusively on SETEFI SPA – Mercury Payment Services S.p.A. Once you have requested cancellation of the order, Locman shall under no circumstances be held liable for any damages, direct or indirect, caused by the delay of the release of the amounts on hold by SETEFI SPA – Mercury Payment Services S.p.A. Locman is not responsible for any fraudulent or illegal use that may be made by a third party credit card upon payment of the purchased products. At no time during the purchase procedure Locman is able to know the buyer’s credit card number that is transmitted over a secure connection directly to SETEFI SPA – Mercury Payment Services S.p.A. Payment by credit card is subject to the following conditions: – the order must be made out to the holder of the credit card – products will be shipped to the address indicated by the person placing the order unless otherwise agreed in writing between the parties.
Under no circumstances will deliveries be made to PO boxes, mail deposits, mail boxes and similar. Locman reserves the right to request additional information or documents to prove the ownership of the credit card used by the Customer. In the absence of such documentation, Locman reserves the right to reject the order.
Locman does not ship to countries and locations where, at its sole discretion, there is no guarantee of the minimum conditions of safety required for the transit and delivery of the goods. Customers in countries to which shipments are not permitted, will not be able to complete the orders online. 9. Responsibilities Locman updates the information on the site which, however, may contain typographical errors, inaccuracies or omissions as regards the price, availability and the technical fact sheets for products. Locman reserves the right to change or update information at any time without prior notice. Locman guarantees conformity with the quality standards of the products. Locman is under no circumstances liable for disruptions caused by force majeure, such as accidents, theft, explosions, fire, strikes and/or lockouts, earthquakes, floods and other similar events that could prevent, in full and/or part processing of the order within the contractually agreed deadlines. Locman disclaims all liability for any direct or indirect damaged, of whatever nature or whatever form, resulting from the use of this website and/or the news, photos and information contained therein. Locman disclaims all liability to any party for any damages, losses and costs incurred as a result of failure to execute the contract for the causes mentioned above. 10. Warranties Locman guarantees the authenticity of all the Products purchased on the website. Each product is accompanied by a 24 month international warranty from the date of purchase in accordance with the conditions specified therein. The warranty is personal and applies to the original purchaser only. 11. Obligations of the Purchaser Once the “on line” purchase procedure has been completed, the Customer undertakes to print and retain these General Sales Conditions, in addition to the specifications of the purchased products, in order to fully comply with the conditions referred to in Articles 3 and 4 of Decree Law no. 185/1999. It is strictly prohibited to enter false data and/or that of third parties in the registration procedure required to activate the procedure for the execution of the contract and further communication. Locman will take legal action in situations of all violation or abuse, in the interest of and to ensure the protection of all consumers. 12. Contract termination and termination clause Locman reserves the right to terminate the contract (order) signed simply by notifying the Consumer with adequate and justified reasons; in such cases, the Consumer shall only be entitled to a refund of the amount already paid. The obligations assumed by the purchaser (see “Obligations of the Purchaser”), in addition to the guarantee of successful completion of the payment that the Consumer effects as foreseen in the “Payment” section, are of an essential nature; therefore, failure by the Consumer, to meet even one of these obligations shall lead to the termination of the contract under Art. 1456 of the Italian Civil Code, without the need for further judicial decision, without prejudice to Locman’s right to sue for compensation for any further damages. 13. Privacy The Customer expressly grants his consent, under Art. 11 and 20 of Law no. 675 of 31/12/96, to Locman – with registered office in – P.za G. da Verrazzano no. 7 57034 Campo Nell’Elba (LI), to collect, use, communicate and/or disclose his/her personal details, as provided during the compilation of all the online forms needed to complete the purchases, including all aspects indicated on the Returned Products / Refund form, for purposes strictly related to the management of relations with the compiler (internal statistics, satisfaction feedback, preliminary gathering of information to finalise a contract or provide a service, etc.) and purposes related to obligations under applicable laws. The Client also hereby acknowledges that, if during the registration process he grants his consent, the information provided shall be entered into the ” Locman Online Customer Database” and can be used for promotional purposes or for the sending of editorial material. The party expressly enjoys the rights foreseen by Art. 13 of Law 675/1996, that is: to request confirmation from Locman as to whether or not his/her personal data exists; to be informed on the origin, logic and purpose of such processing; to obtain updating, rectification or integration of the collected data; to request erasure, anonymisation or blocking of data in cases of unlawful processing; to oppose processing on legitimate grounds or in the case where the data is used to send advertising materials, commercial information, market research, direct sales and interactive business communications, where it is understood that the erasure of personal data requires written notice to be sent to the company’s registered office. 14. Transaction security The e-commerce software we use, uses the best techniques for encrypting information according to the SSL (Secure Socket Layer) protocol, hence all personal details and credit card information are sent over the Internet without the risk of being intercepted. The use of an SSL secure server by the user is possible, in a completely transparent manner, using the latest versions of Safari, Netscape, Internet Explorer or Firefox. These browsers are able to communicate in encrypted mode with Locman’s Secure Server which will forward your information to the banking system (again in encrypted form) for verification. When sending and receiving data in connection with an SSL Secure Server, masks are displayed that indicate the use of secure areas (Hard Copy Form) and the address of the page characterised by the prefix https (note the “s” at the end ). Locman uses the SSL Secure Server for the transmission of data related to credit cards. In practice: after selecting payment by credit card, the Customer accesses a page which allows him to enter certain data, which is then sent to the SSL Secure Server. Access to the SSL Secure Server occurs only when actually sending data. Until you press the “Send Data” button there is no risk: the data remains on the user’s computer. The transactions are processed in totally secure conditions: all data are transmitted using the SSL (Secure Socket Layer) system. The use of this technology ensures that confidential information sent over the Internet is transmitted in encrypted form only, i.e. encoded using a complex mathematical algorithm that guarantees the confidentiality of communications and the inaccessibility of the data transmitted. 15. Applicable law and jurisdiction
All disputes regarding the application, execution, interpretation and violation of the purchase contracts signed “on line” through the www.Locman.it e-commerce website, is subject to Italian Law; for all that is not specifically provided for in these General Sales Conditions, reference shall be made to L.D. no. 50 dated 15/01/1992 and Legislative Decree no. 185 dated 22/05/1999. The Court of Milan has full jurisdiction should any disputes arise between the Parties pursuant to this Contract.