Business to Consumer

Version: October 31, 2023

 Table of Contents

  1. Definitions
  2. Foreword
  3. Registration on the Site
  4. Procedure for issuing orders and concluding the Sales Contract
  5. Rejection, cancellation and modification of the Consumer’s order
  6. Availability of Articles
  7. Prices
  8. Payment
  9. Delivery times and methods
  10. Limitation of Liability
  11. Obligations of the User
  12. Gift Card
  13. Right of withdrawal
  14. Guarantees
  15. Contract Termination and Express Termination Clause
  16. Intellectual Property Rights
  17. Privacy
  18. How to store the Contract of Sale
  19. Jurisdiction and place of jurisdiction
  20. Final Clauses

 

  1. Definitions
    • Whenever used in these terms and conditions in capital letters, the following words shall have the following meanings:
      • Article” or “Articles“: the products sold on the online e-commerce hosted on the Site;
      • Consumer Code“: Legislative Decree no. 206/2005 and subsequent amendments;
      • Consumer” or “Consumers“: the User over the age of 18 (eighteen) who expressly declares himself a consumer pursuant to art. 3, par. 1, lett. a) of Legislative Decree 206/2006 and subsequent amendments and who makes the purchase for purposes not related to their commercial, artisanal, entrepreneurial and/or professional activity;
      • Contract of Sale“: the contract for the sale of the Articles concluded on the Website between Locman and the Consumer;
      • Cookie Policy“: the extended information on the use of cookies on the Site, visible here;
      • GDPR“: Regulation (EU) 2016/679 as amended;
      • Gift Cards: the vouchers offered for sale on the Site and used to make purchases on the Site or at Locman’s single-brand boutiques;
      • Intellectual Property”: the name and trademark “LOCMAN” (and any graphic variant thereof), as well as any other distinctive sign used as owner on the Site, as well as the software underlying the Site, as well as  the design of the  pages, their elements and the texts of the Site;
      • Locman“: the company Locman S.p.A. (C.F. 08504700157, VAT 01190380491) with registered office in 57034 — Campo Nell’Elba (LI), Piazza Giovanni da Verrazzano, n. 7, in the person of its legal representative in charge;
      • Parties“: Locman and the Consumer who has entered into a Contract of Sale, jointly;
      • Privacy Policy“: the information on the processing of personal data on the Site, visible here;
      • Processor“: the payment processor in charge of executing the transaction if the Consumer opts for payment by credit card, i.e. Stripe Payments Europe, Ltd. or NEXI Payments S.p.A., depending on the area from which the Consumer requests payment;
      • T&Cs – Consumer“: these terms and conditions of sale of the Site that govern the terms and conditions of sale in business-to-consumer relationships;
      • T&Cs – Use of the Site“: the terms and conditions of use of the Site that govern the terms and conditions of navigation on the Site and the use of the services it offers, visible here;
      • Termination Date“: the day on which the Contract of Sale is terminated due to the impossibility of delivery due to the fault of the User, pursuant to article 11 T&C – Consumer;
      • User” or “Users: any user who browses the Site.
      • Website“: the website linked to the domain name “locman.it“;

 

  1. Foreword
    • The Site is owned by Locman and is dedicated to the presentation of Locman and the sale of Articles.
    • These T&Cs – Consumer govern the manner in which Locman grants Consumers the right to purchase Articles.
    • In addition to these T&Cs – Consumers, the T&Cs – Use of the Site are published on the Site.
    • The purchase of Articles through the Site is subject to acceptance of these T&Cs – Consumer, the T&Cs – Use of the Site, the Privacy Policy and the Cookie Policy; acceptance that is understood to be perfected with the User’s consultation of any page of the Site. If the User does not intend to accept these T&Cs – Consumer, the Privacy Policy and the Cookie Policy, it is sufficient that he/she refrains from browsing the Site and/or using the online purchase service of the Articles contained therein.

 

  1. Registration on the Site
    • To purchase Articles on the Site, an account is not required, but it is necessary to provide Locman with billing details (e. name, surname, shipping address, telephone number and a valid and working email address) and accept these T&Cs – Consumer and declare that you have read the Privacy Policy by clicking on the appropriate boxes. Failure to accept these T&Cs – Consumer and the Privacy Policy will result in the inability to make purchases on the Site.
    • Registration on the Site is free of charge. To register, the Consumer must click on the image “” in the header of the Site, then click on “REGISTER“, then fill in the registration form by entering their name, surname, valid and working e-mail address, password, then accept the Privacy Policy by clicking on the appropriate box and, finally, click on “REGISTER” at the bottom of the form. The registration will be confirmed to the Consumer by e-mail.
    • Registration data may only be used by the Consumer and may not be passed on to third parties. The Consumer undertakes to keep them secret and to ensure that no one has access to them. He will immediately notify Locman of any suspicion of misuse and/or disclosure.
    • The Consumer guarantees that the personal information provided during the registration process on the Site is complete and truthful. The Consumer undertakes to indemnify Locman from any obligation, compensation for damages and/or penalties deriving from the Consumer’s violation of the rules governing registration on the Site.

 

  1. Procedure for issuing orders and concluding the Sales Contract
    • The Sales Contract is concluded exclusively online through the Consumer’s access to the Site where, following the procedures indicated, he/she will formalize the proposal for the purchase of the Articles and the acceptance of these T&Cs – Consumer.
    • Any promotional codes that can be used on the Site can be entered during checkout on the checkout page. Promo codes can have a start and end date of validity, a certain application threshold, and several exclusions. In addition, they cannot be combined with other offers and promotions. Their use may result in some variations on the total amount of the order at check-out.
    • The issuance of a purchase order is possible by selecting an Article in the “Watches”, “Straps“, “Gift Cardsor other links on the Site, followed by clicking on “ADD TO CART. To make the payment, the Consumer must click on the “PROCEED WITH THE ORDER” button or on the image “” in the header of the Site where a summary of the order will appear, including price, shipping costs and any ancillary charges. In case of acceptance, the Consumer must, in order to:
      • provide all the data necessary for its processing (such as, name, surname, shipping address, telephone number and a valid and working e-mail address) or, if you already have an account, log in by clicking on “CLICK HERE TO LOGIN”;
      • select the payment method from those available;
      • accept these T&Cs – Consumer and the Privacy Policy by selecting the appropriate boxes;
      • click on “PLACE ORDER”.
    • The Contract of Sale is concluded following the exact completion by the Consumer of the order form, the execution of the payment and the subsequent sending to the Consumer by Locman of the order confirmation and payment form by e-mail, always after viewing a printable web page of confirmation and summary of the order, in which the details of the sender and the order are reported, the price of the Article(s) purchased, shipping costs and any ancillary charges, payment methods and terms, the address where the Article(s) will be delivered, the delivery times and the existence of the right of withdrawal.

 

  1. Rejection, cancellation and modification of the Consumer’s order
    • Locman reserves the right to refuse any Consumer orders for any reason.
    • Locman also reserves the right to cancel any purchase (an order already accepted by the Site) in the presence of, among others, the following conditions, without being held liable for any damages and/or costs (in which case the Sales Contract shall be considered interrupted by mutual consent):
      • the Article is not available;
      • the billing data transmitted by the Consumer is incorrect or unverifiable;
      • the Consumer does not provide sufficient guarantees of solvency;
      • disputes of any nature are pending between Locman and the Consumer at the time of the order;
      • the order is marked by security systems as an “unusual order” or as an “order susceptible to fraud“. In the event of suspected fraud, before proceeding with the cancellation of the order, Locman reserves the right to verify the Consumer’s bank details and/or identity. By completing the order, the Consumer undertakes to provide Locman with the information and documents necessary for such checks. In the absence of such documents and information, Locman reserves the right to cancel the order subject to an anti-fraud check;
      • Locman has reason to believe that the order was issued by a child under 18 (eighteen) years of age;
      • Locman has reasonable grounds to believe that the order was placed by a retailer or other professional buyer and therefore in violation of the provisions of art. 2 of these T&Cs – Consumer;
      • the Article has been incorrectly priced;
      • Locman cannot deliver to the delivery address provided.
    • It is not possible to cancel or make changes to the order once it has been placed. The Company reserves the right to evaluate whether to accept any requests for cancellation or modification of the order received before the shipment of the Articles to the Consumer and, in any case, within 12 (twelve) hours from the conclusion of the Sales Contract pursuant to art. 4. Requests for cancellation or modification of the Consumer’s order must be forwarded to Locman’s customer service via email at shoponline@locman.it, indicating the order number and the date of submission. Locman’s customer service will contact the customer with the feasibility of the cancellation or modification requested.
    • The Company reserves the right to postpone shipment if the order is unable to be shipped in a single shipment. Orders placed separately will be shipped separately.

 

  1. Availability of Articles
    • In the event of unavailability of the Article ordered, the Consumer will be promptly informed via e-mail and the purchase order will be cancelled. If the payment has already been made, Locman will refund the total amount paid by the Consumer – consisting of the purchase price, shipping costs and any other additional costs – within 14 (fourteen) days from the day following the conclusion of the Contract pursuant to of the previous art. 4. The amount of the refund will be communicated via e-mail and credited using the same payment methods used by the Consumer for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the recharged amount will be the same as the charge.
    • If an order is for a quantity of Articles that is not available in stock, Locman, by e-mail or telephone, will inform the Consumer if the Article is no longer available or, alternatively, what the waiting time is to obtain the chosen Article, asking if he intends to confirm the order or is willing to receive only what is available; in the latter case the Consumer will be charged only the amount relating to the Articles he receives or refunded if payment has already been made.

 

  1. Prices
    • All the sale prices of the Articles are expressed in euros (€) and constitute an offer to the public pursuant to article 1336 of the Italian Civil Code. Only if the Consumer connects to the Site from the United States of America, the sales prices are expressed in United States dollars ($).
    • The prices of the Articles indicated on the Site include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable) but do not include shipping costs, which are calculated prior to confirmation of the order sent by the Consumer and which the Consumer undertakes to pay to Locman in addition to the price indicated on the Site.
    • Depending on the country to which the Articles are to be delivered, the Site will indicate, during the order creation process, the shipping costs that the Consumer undertakes to pay in addition to the price of the Articles ordered.
    • Except for orders with a shipping address in the United States of America, if the Articles are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (where applicable), is net of any customs duties and any other tax charges that the Consumer undertakes to pay, if necessary, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the law of the country to which the Articles are to be delivered. The Consumer is advised to contact the relevant authorities in the country of residence or destination of the Products in order to obtain information on any applicable taxes or fees. Any additional costs, charges, taxes and/or imposed amounts that a particular country may apply to the Articles ordered under these T&Cs – Consumer shall be borne exclusively by the Consumer. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or amounts imposed referred to in this article 4, at the time of placing an order with Locman, will not be a cause for termination of the Contract of Sale and will not in any way be a source of liability for Locman.
    • The prices of the Articles may vary, it being understood that the price charged to the Consumer will be the one published on the Article sheet at the time the order is placed, without any consideration of subsequent price increases or decreases. If Locman finds an error in the price of an Article, Locman will give the Customer the option to reconfirm the purchase of the products at the correct price or to cancel it.

 

  1. Payment
    • Payment of the price of the Articles may be made exclusively using the following means of payment and others that may be indicated on the Site:
      • bank transfer. Purchases by bank transfer are deferred. Once the Contract of Sale has been concluded, the Consumer’s order is held in abeyance until Locman receives the relevant price credited to Locman’s bank account indicated in the order confirmation. Locman does not charge additional fees for payments made by bank transfer. However, Locman’s and/or the Consumer’s bank may charge a fee depending on the card and the bank itself;
      • cash on delivery (ONLY FOR SHIPMENTS IN ITALY). Purchase by cash on delivery requires the completion of the order and shipment to the Consumer with delivery of the Articles upon payment of the amount due. A surcharge of € 12,00 is required for payment on delivery. Cash on delivery is possible only and exclusively in cash and only for shipments on the Italian territory. Locman reserves the right to contact the Consumer who has opted for cash on delivery by telephone to verify the authenticity of the order before it is processed with payment on delivery, and reserves the right, at its sole discretion, to inhibit this payment method to Consumers who do not provide sufficient guarantees of reliability and/or solvency. The Consumer who choose for cash on delivery undertakes (i) to be present at the shipping address on the date of delivery of the Articles; (ii) to make cash payment to the courier and (iii) to waive any refusal of the Articles delivered, even if delivered late with respect to the scheduled time. The Consumer acknowledges that the breach of the commitments referred to in points (i), (ii) and (iii) above may result in serious damages on the part of Locman and undertakes to compensate all expenses incurred by Locman, as detailed by Locman in a notice sent by e-mail to the Consumer;
      • credit card. Payment by credit card is managed through the operators Stripe Payments Europe, Ltd. or NEXI Payments S.p.A., depending on the area from which the Consumer requests payment by credit card. The Consumer can use credit or debit cards from the VISA, Mastercard and Amex circuits. Locman does not charge additional fees for payments made by credit card. However, the bank may charge a fee depending on the card and the bank itself. In the case of payment by credit card, at the same time as the conclusion of the online transaction, the Processor will charge the amount of the actual amount relating to the purchase to the Customer’s credit card. If the request for cancellation of the order occurs, whether it is borne by the Consumer or by Locman (non-acceptance of the order), Locman will proceed to return the amount to the credit card used in the purchase flow. The timing of the return of the committed amount depends exclusively on the Processor. Once the cancellation of the order has been requested, under no circumstances can Locman be held liable for any damages, direct or indirect, caused by the delay in the Processor’s failure to return the amount committed. Locman is not responsible for any fraudulent or illicit use of credit cards by third parties at the time of payment for the products purchased. At no time during the purchase process is Locman able to know the purchaser’s credit card number, which is transmitted directly to the Processor via a secure connection. Payment by credit card is subject to the following conditions: (i) the holder of the order must be the holder of the credit card; (ii) the products will be shipped to the address indicated by the order holder unless otherwise agreed in writing between Locman and the Consumer. Locman reserves the right to request additional information or the submission of documentation proving ownership of the credit card used by the Consumer. In the absence of such documentation, Locman reserves the right to refuse the order;
      • PayPal. With PayPal the Consumer can safely pay for his purchases at no additional cost and without sharing data. The PayPal account works as a virtual wallet to link credit cards, debits, prepaid cards, and bank accounts. Once connected to the PayPal account, bank accounts and cards can be used for purchases without the need to enter different numbers and coordinates each time. Self-encryption systems help maintain high security standards, and every transaction is monitored 24 hours a day for PayPal to prevent fraud, phishing emails, identity theft, and other unpleasant situations. To learn more about PayPal, visit the official website: paypal.com;
      • Scalapay. If the Consumer purchases with Scalapay, the Consumer receives his order and pays in 3 (three) instalments. The Consumer acknowledges that the instalments will be transferred to Incremento SPV s.r.l., related parties and their assignees, and authorises such transfer. When you make a purchase using this payment option, you consent to the transfer of your personal information to Scalapay who will transfer it to Increment SPV s.r.l. in order to process your payment. Once the “Pay in instalments with Scalapay” option has been selected, the Consumer is transferred to the Scalapay website where he will be provided with the division of the payment into 3 (three) interest-free instalments and which he can accept by entering his personal and bank details that will be required to be able to process the payment of all instalments. The payment of the instalments is managed directly by Scalapay, therefore for any information or request relating to the balance of the instalments, we invite the Consumer to contact Scalapay directly.
    • The e-commerce software used by Locman includes the best techniques for encrypting information according to the SSL (Secure Socket Layer) protocol. The use of this technology requires that confidential information travels on the internet only in encrypted form, i.e. encoded according to a complex mathematical algorithm that guarantees the confidentiality of communications and the inaccessibility of the transmitted data. The use of an SSL server by the Consumer is possible, in a completely transparent way, by using browsers such as “Safari”, “Netscape”, “Internet Explorer”, “Google Chrome” or “Firefox” in one of the latest versions. These browsers can communicate in encrypted form with Locman’s secure server, which will transmit the Consumer’s information to the banking circuit (always in encrypted form) for verification. When sending and receiving data in connection with an SSL server, masks are displayed that signal the reaching of safe areas (hard copy form) and with the page address characterized by the prefix “https”. Locman uses the SSL server for the transmission of credit card data. In practice: after selecting the payment by credit card, you access a page that allows you to enter the data and then send it to the SSL server. Access to the SSL server only takes place when the data is sent. If you do not press the “Send Data” button, there is no risk: the data remains on the Consumer’s computer.

 

  1. Delivery times and methods
    • Through its own contracted courier, Locman delivers the Articles to the address indicated at the time of placing the order within 3 (three) – 5 (five) working days within Italy and within 5 (five) – 7 (seven) working days outside Italy, unless for exceptions that will be communicated via email to the Consumer and in any case, at the latest, within 30 (thirty) days from the day following the conclusion of the Sales Contract pursuant to art. 4.
    • Every shipment includes an envelope that contains the transport document, along with the receipt if the consumer has requested it. Should there be a need to resend any of these documents for any reason, a second shipment will be organized within 5 (five) days of receiving the request.
    • Shipped Articles are contained in cardboard boxes of different sizes, sealed at the top and bottom with personalized adhesive tape.
    • The Client is required to verify, upon receipt, the conformity of the Article delivered to him/her in relation to the order placed and, in particular, to verify that:
      • the number of packages (number of packages) indicated on the carrier’s letter corresponds to the number of packages actually delivered;
      • the package is intact, not damaged or wet and in any case complies with the characteristics standard indicated in art. 3.
    • In the event of a positive verification of what is detailed in art. 4, the Consumer must sign the delivery note. The Consumer acknowledges that by signing the delivery note the delivery is considered completed and will not be able to raise any objection regarding what has been verified pursuant to art. 9.4.
    • In the event of a negative verification of what is detailed in art. 4, the Consumer shall not accept the Articles and raise the dispute directly with the carrier.
    • Under no circumstances will shipments be made to post office boxes, mail boxes or similar.
    • Locman does not ship to countries and places where, at its sole discretion, the minimum safety conditions necessary for the transit and delivery of goods are not guaranteed. Consumers residing in countries where it is not possible to ship will not be able to place orders on the Site.
    • At the time of delivery, we invite the Consumer to be present at the delivery address of the order and not to authorize unattended deliveries of the Articles as neither Locman nor the courier itself will be responsible in the event of theft or loss of the package containing the Articles. In addition, in the event of failure to sign upon receipt of the package containing the Articles, Locman will not be able to initiate the necessary investigations with the courier and the logistics department.
    • In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (so-called “notice of passage”). The postcard will indicate the telephone number that the Consumer must contact to request that the courier make a second delivery attempt or the procedure to be carried out via the internet. After the second unsuccessful delivery attempt, the package will be put into storage. At this point, Locman will contact the Consumer in order to release the stock and arrange for the package containing the Articles to be delivered. If necessary, Locman may agree with the Consumer to change the delivery address. In the event that the post-contact delivery attempt by Locman is also unsuccessful or in the event that the Consumer does not respond to the contact attempt, the package will be sent back to Locman and the Consumer will be notified of this by email.
    • The User acknowledges that, after 30 (thirty) days from when the package containing the Articles is sent back to the Company, the Sales Contract will be considered terminated due to the impossibility of delivery due to the User’s fault and the purchase order terminated pursuant to art. 1456 of the Italian Civil Code.
    • Within 30 (thirty) days from the Termination Date, Locman will refund the total amount paid by the Consumer, less the costs of unsuccessful delivery, storage and return of the product. The termination of the Contract of Sale and the amount of the refund will be communicated to the Consumer by e-mail. The amount of the refund will be credited using the payment solution made by the Consumer for the purchase.
    • In the event that, prior to the Termination Date, the Consumer requests to receive the purchased Article again, Locman will proceed with the new delivery, subject to charge, in addition to the costs of the same, the costs of returning the product to Locman.

 

  1. Limitation of Liability
    • Locman constantly updates the information on the Site, which, however, may contain typographical errors, inaccuracies, or omissions both with reference to the price, availability and the technical-informative sheet of the Article. Locman reserves the right to change or update the information at any time without prior notice to Consumers.
    • Locman assumes no responsibility for inefficiencies attributable to force majeure, such as accidents, thefts, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole and/or in part, the execution of the contract of sale within the time frame set out in the Sales Contract.
    • Locman shall not be liable to the Consumer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet network outside its control or that of its subcontractors.
    • Furthermore, Locman shall not be liable for damages, losses and costs suffered by the Consumer as a result of the non-performance of the Contract of Sale for reasons not attributable to the Consumer, the Consumer being only entitled to a full refund of the price paid and any ancillary charges incurred.
    • The Consumer cannot be held responsible for delays or misunderstandings in payment if he/she proves that he/she has made the payment within the time and manner indicated by Locman. However, Locman will not be responsible for delays in the receipt of payments attributed to payment systems managed by third parties and consequently will have the right to delay the order confirmation until the actual confirmation of receipt of payment.
    • Locman declines all responsibility for direct or indirect damages of any nature or in any form whatsoever, resulting from the use of this Site and/or the news, photos and information contained therein. Locman shall not be liable to any party for any damages, losses and costs incurred as a result of the failure to perform the Contract of Sale for the reasons set out above.

 

  1. Obligations of the User
    • The Consumer undertakes to pay the price of the purchased Article within the time and manner indicated in the Contract of Sale.
    • Once the online purchase procedure has been completed, the Consumer undertakes to print and store these T&Cs – Consumer, as well as the specifications of the product being purchased.
    • It is forbidden for the Consumer to enter false and/or third-party data in the registration procedure necessary to activate the process for the execution of the contract and further communications. Locman will prosecute any violation and abuse, in the interest and for the protection of consumers.
    • The Consumer undertakes to promptly notify Locman of any change of address. failure by the Consumer to notify such change of address and/or change of location shall remain entirely at the expense and risk of the User. As long as no change of residence and/or transfer notices are communicated, the Consumer will be considered domiciled at the address indicated by the Consumer at the time of the order and the Consumer will remain responsible for the Article ordered.

 

  1. Gift Card
    • Gift Cards available. Users may purchase the following Gift Cards on the Site, according to the same procedure referred to in art. 4 and following:
      • Portofino Card“, worth € 250.00 (Euro two hundred and fifty//00);
      • Gold Card“, worth € 500.00 (Euro five hundred//00);
      • Platinum Card“, worth € 1,000.00 (Euro one thousand//00);
      • Ocean Card“, worth € 1,500.00 (Euro one thousand five hundred//00);
      • Black Card“, worth € 2,500.00 (Euro two thousand five hundred//00);
    • Duration of the Gift Card. All Gift Cards are valid for 1 (one) year from the conclusion of the relevant Sales Contract pursuant to art. 4.
    • Restrictions on the use of Gift Cards. All Gift Cards can only be used to make purchases on the Site or at the Locman flagship stores indicated below:
      • 20121 – Milan (MI), Via Alessandro Manzoni, n. 40;
      • 50123 – Firenze (FI), Via de’ Tornabuoni, n. 76/R;
      • 57034 — Campo Nell’Elba (LI), Piazza Giovanni da Verrazzano n. 7;
      • 57036 – Porto Azzurro (LI), Via Vitaliani, n. 20;
      • 57037 – Portoferraio (LI), Calata Giuseppe Mazzini, n. 17.

 

  1. Right of withdrawal
    • The Consumer has the right to withdraw from the Contract of Sale within 14 (fourteen) days from the delivery of the Articles, even partially, without explanation and without additional costs, provided that in compliance with the following procedures:
      • withdrawal must be communicated by e-mail at “shoponline@locman.it“, within 14 (fourteen) days after delivery of the Articles. This communication must specify the purchase order number, the reference expense, the intention to withdraw from the purchase and the product(s) for which the right of withdrawal is to be exercised. After 14 (fourteen) days from the delivery of the Articles, the Consumer loses the right to withdraw from the Contract of Sale pursuant to this art. 13;
      • an essential condition for the exercise of the right of withdrawal is the substantial integrity of the Article to be returned. The Articles, therefore, must not have been used or worn or damaged or altered. In any case, in order to be entitled to a full refund of the price paid, the Article must be returned intact and, in any case, in a normal state of conservation including the original labels that must still be affixed to it;
      • in order to simplify the collection of information, the Customer is required to exercise the right of withdrawal by filling in the following form (WITHDRAWAL FORM) and attach it to the communication referred to in art. 1.1;
      • following receipt of the form referred to in art. 1.1, the Consumer will receive via e-mail from Locman the authorization to proceed with the return, any return code to be mentioned in all communications and to be reported in the return package and the procedure to be followed to book the collection of the courier;
      • received the communication via e-mail of Locman confirming the return, within 48 (forty-eight) working hours the Articles will be collected free of charge at the same address of the Consumer to whom the item was sent through a courier affiliated with Locman. Notwithstanding the provisions of the previous sentence of art. 1.5, if the item to be withdrawn consists of a watch strap, the Consumer must independently identify a courier and bear the shipping costs directly;
      • the Consumer must re-package the Article in its original case, suitably protected and possibly packed in its original packaging, accompanied by the original tag(s) and any accessories of the product (protective envelopes, spare parts, warranty, etc.) and affix the shipping address to the following address: “Locman S.p.A., P.za G. da Verrazzano n. 7 – 57034 Campo Nell’Elba (LI)“;
      • without prejudice to the provisions of art. 1.5 in the event of withdrawal from the Contract of Sale relating to watch straps, the Consumer must use the carrier affiliated with Locman.
    • If the withdrawal has been exercised in accordance with the procedures described, Locman will refund the amount paid for the purchase as soon as possible and in any case within 14 (fourteen) days from the date on which Locman became aware of the exercise of the right of withdrawal by the Customer, but in any case not before the actual receipt of the purchased Articles and not before the integrity of the Articles has been verified, which will take place within the terms of the law.
    • The amount of the refund will be communicated by e-mail and credited with the same payment methods used by the Consumer for the purchase. The amounts credited back will correspond to the price paid by the Consumer (list prices net of any discounts if the order was placed with the use of promotions, discount codes or in sale periods).

 

  1. Guarantees
    • Locman guarantees the authenticity of all products purchased on the Site. Each item is accompanied by a warranty with international validity of 24 (twenty-four) months from the date of purchase according to the conditions specified therein. The warranty is personal and will therefore apply only to the original Consumer.

 

  1. Contract Termination and Express Termination Clause
    • Locman reserves the right to terminate the Contract of Sale by simply notifying the Consumer with adequate and justified reasons; in this case, the Consumer will only be entitled to a refund of any amount already paid.
    • Locman and the Consumer agree that the obligations assumed by the Consumer pursuant to art. 11 are essential pursuant to Art. 1457 of the Italian Civil Code.
    • Upon the occurrence of one or more of the serious breaches referred to in Precede art. 11, the interested party has the right to terminate the Contract of Sale former Article 1456 of the Italian Civil Code. The effects of the termination will automatically occur after 15 (fifteen) days from the receipt of the registered letter with acknowledgement of receipt or the e-mail message in which the non-performance is detailed and in the absence of fulfilment of the obligation of the defaulting party within the same term.

 

  1. Intellectual Property Rights
    • The Consumer acknowledges the validity of the Intellectual Property and undertakes not to contest it and acknowledges that he/she has no right to all or part of the Intellectual Property.
    • The Consumer is prohibited from using the Intellectual Property under the company name, company name or trademark of the user or of a third party, even in combination with other names, terms and/or words. The Consumer is also prohibited from registering or attempting to register all or any part of the Intellectual Property.
    • For more information about the Company’s Intellectual Property, please refer to the T&Cs – Use of the Site.

 

  1. Privacy
    • In order to proceed with the registration, some information about the Consumer is requested by the Site in order to proceed with the order and, therefore, the conclusion of the Sales Contract. The Consumer acknowledges that the personal data provided will be processed by Locman, in its capacity as data processor, pursuant to and in compliance with the GDPR, in order to make any purchase made through the Site and, subject to its consent, any further activity as indicated in the Privacy Policy provided to the Consumer through the Site at the time of registration and at the conclusion of the order.
    • The Consumer declares and guarantees that the data provided to Locman during the registration and purchase process are correct and truthful.
    • For more information on your personal data, please refer to the Privacy Policy.

 

  1. Storage the Contract of Sale
    • Pursuant to Article 12 of Legislative Decree 70/2003, Locman informs the Consumer that every order and order confirmation sent is stored in digital and/or paper form on the server and/or at the headquarters of Locman and the hosting service according to confidentiality and security criteria.

 

  1. Jurisdiction and place of jurisdiction
    • The contracts concluded between Consumers and Locman on the Site are governed by Italian law. In particular, the provisions of article 49 and following of the Consumer Code.
    • Any dispute relating to the application, execution, or interpretation of the T&Cs – Consumer shall be subject to the jurisdiction of the court of the place where the Consumer resides or has elected domicile.
    • Without prejudice, in any case, to the Consumer’s right to appeal to the ordinary courts, in the event of disputes between the Consumer and Locman, the Parties may initiate, pursuant to Article 141, paragraph 1 of the Consumer Code, out-of-court settlement procedures by electronic means for the resolution of consumer disputes. In the event of a disservice or dispute between Locman and the Consumer, Locman guarantees its participation in an attempt at an amicable conciliation that the Consumer may promote pursuant to art. 141, par. 3 of the Consumer Code, before “RisolviOnline“, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in an amicable and safe way.” “RisolviOnline” aims to resolve all commercial disputes involving consumers quickly and cheaply and/or businesses, with particular reference to those arising from the Internet and e-commerce. For more information or to send a request for conciliation, the Consumer can access “risolvionline.com“.

 

  1. Final Clauses
    • These T&Cs – Consumers repeal and replace all agreements, understandings, negotiations, written or oral, previously entered into between the Parties and concerning the subject matter of these T&Cs – Consumer.
    • If one or more provisions of the T&Cs – Consumer are deemed invalid or declared invalid under the law, the other provisions will continue in full force and effect.
    • Locman reserves the right to modify, suspend or terminate the sale on the Site. Locman shall in no way be held liable to Users or third parties for such modification, suspension, or termination.
    • These T&Cs – Consumer may be subject to updates. Please review the published version and the update date. In any case, the T&Cs – Consumer published and in force at the time of the conclusion of the Sales Contract remain valid.