Terms and Conditions of Sale

Last update: 18/09/2017

1. Object

1.1. These general conditions of sale apply to the purchase contract relating to any purchase of products (hereinafter "Products") made through the e-commerce site https://lnage.it (hereinafter the "Site") by users qualified as "Consumers" pursuant to Article 1.2 below. The Site is owned and managed by LNAGE Srl, with registered office in Rome, Piazza Bologna 1 - CAP 00162, tax code 10168191004, VAT number 10168191004 and registration number in the Register of Companies of Rome 1214650 (hereinafter the "Seller" or "LNAGE Srl").

1.2. Purchases of Products made through the Site will see as parties the Seller and the person who proceeds with the purchase of one or more Products for purposes not related to their entrepreneurial, commercial, craft or professional activity, as buyer (hereinafter the "Consumer" and, together with the Seller, hereinafter collectively also referred to as the "Parties").

1.3. All the contents of the Site are protected by copyright and the related copyrights are the property of LNAGE Srl. The Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, connected and used, in particular for commercial purposes, without the prior written consent of LNAGE Srl.

1.4. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address [email protected]

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer. The Consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and that will be available at any time by the Consumer.

1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, in derogation from the provisions of the same:

1. a) the buyer will not be granted the right of withdrawal referred to in Article 8;
   b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 9;
   c) the buyer will not be recognized any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
   d) the sales contract concluded between the Seller and the buyer will be governed by Italian law;

1.7. At the same time as the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale are sent to him by e-mail to the address declared by the same during registration on the Site or during the purchase process.

1.8. In order to make purchases through the Site, the Consumer must possess the age of majority (18 years) and the legal capacity to act, which the Consumer declares to possess.

1.9. The Consumer is solely responsible for any costs for connecting via the Internet to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer himself.

2. Characteristics of the Products and their availability in the different geographical areas

2.1. The Products are sold with the characteristics described on the Site, in particular in the relative descriptive sheet, and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

2.3. The prices, the Products for sale on the Site and / or the characteristics of the same, are subject to change without notice. Therefore, before sending the purchase order pursuant to Article 4 below, the Consumer is invited to check the final sale price.

2.4. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet is always authentic.

2.5. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery throughout the territory of the Italian Republic.

3. Prices and shipments of products

3.1. The minimum order that can be placed on the Site is € 5.00. The prices of the Products on the Site are inclusive of all taxes and duties. All prices are expressed in euros. The price of the Products is the one indicated on the Site at the same time as the order is sent by the Consumer. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include (i) shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site as well as (ii) the surcharge of € 6.00 in case of selection of the cash on delivery payment method, as specified in Article 7 below.

3.2. The Consumer must pay the Seller the total price, as shown on the purchase confirmation page and in the order confirmation sent by e-mail from the Seller to the Consumer.

3.3. The delivery of the Products purchased on the Site is made to the shipping address indicated by the Consumer in the order form, on the days between Monday and Friday, at the choice of the Consumer, with the exception of national holidays (such as, by way of example and not exhaustively, 25 and 26 December, 1 and 2 January, Easter, Monday in Albis) and the day immediately following the latter. LNAGE Srl will not be responsible for any delays in the delivery of the Products not foreseeable or not attributable to LNAGE Srl itself. The delivery of the Products purchased on the Site will take place starting from the 2nd (second) day following the relative purchase exclusively for orders completed by 24:00 of each day.

4. How to purchase the Products - Completion of each individual purchase contract

4.1. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and which the Consumer, through the transmission of the purchase order to the Seller, is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale, including the information on the right of withdrawal referred to in Article 8 below, to print a copy through the print command and to store or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in entering their data.

4.2. Orders are subject to the availability of the Products and the acceptance of the Seller. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, cases where:

(i) the Products ordered are no longer available on the Site;

(ii) the Seller becomes aware of an error on the Site relating to the price and/or description of the Products;

(iii) the order cannot be executed due to an error in the information provided by the Consumer (by way of example and not exhaustively, information on payment, billing or delivery address);

(iv) the Seller has reason to believe that the order was placed by a minor.

The Seller also reserves the right to make partial deliveries and/ or to limit the quantities of Products ordered by the Consumer to a number of products reasonably considered for domestic use. In this case, the Consumer will be charged exclusively the price of the Products delivered.
In all cases in which the Seller is not able to process an order, is only partially able to process, or intends to limit the quantities of Products subject to order, the Seller will contact the Consumer by e-mail or telephone, at the addresses provided at the time of registration on the Site, as soon as possible and in any case within 5 (five) days from the placing of the order on the Site. Any payments already made by the Consumer will be promptly refunded by the Seller, in the same way as used by the Consumer for the payment of the Products.

4.3 The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed, the description of the characteristics of the Product ordered and the expected date for delivery of the Products. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at the address [email protected]

4.4. Each contract for the purchase of the Products is concluded when the Consumer receives the order confirmation from the Seller by e-mail.

5. Procedure for the selection and purchase of Products

5.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to make the purchase of the Products included in the cart, the Consumer will be invited (i) to register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) if it is not the Consumer's intention to register on the Site, to provide their data in order to complete the order and allow the completion of the contract. The Consumer already registered on the Site, can verify or modify their personal data by accessing, after login, the page "Your online parapharmacy", following the instructions provided therein, or directly to the "Change account information" section.

5.2. For the Consumer already registered on the Site, if the data indicated in the order are different from those provided during registration on the Site, the Consumer will be required to confirm his data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a valid e-mail address and / or a telephone number where you can contact him for any communications relating to the purchase made.

5.3. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, Stripe or PayPal, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer.

5.4. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box on the Site and finally, through the "Confirm order with obligation to pay" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in par. 4.1 above. of this contract.

6. Delivery of goods and acceptance

6.1. The Site indicates the availability of the Products and the delivery times of the same; however, such information is to be considered purely indicative and not binding for the Seller. Some Products may not be available for delivery on certain days of the week; therefore, the Consumer is invited to check any restrictions on the delivery of these Products in the relevant description sheet, before proceeding with the purchase.

6.2. The Seller undertakes to do everything in its power in order to comply with the delivery times indicated on the Site and chosen by the Consumer. The Seller cannot therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to willful misconduct or fault of the Seller. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to paragraph 6.3 below

6.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly, and in any case in the shortest possible period, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or their discrepancy with respect to the order placed, according to the procedure referred to in the following art. 9 of these general conditions of sale; failing this, the products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is required (i) to accept the delivery "with reserve" by noting on the delivery note the "reserve" or, alternatively, (ii) refuse delivery by the carrier / shipper.

7. Payments

7.1. Payment may be made by Bank Transfer, by PayPal or by Credit or Debit Cards with Stripe under the conditions described below, as also specified in the "Payment Methods" section on the page called "Your online parapharmacy" of the Site.
The Seller may allow additional payment methods, indicating them in the "Payment Methods" section.

7.2. If the payment is made by credit card, the Consumer will be transferred to a protected site and the credit card data will be communicated directly to PayPal or Stripe, operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with SSL (Secure Socket Layer) system. These data are not accessible to the Seller either.

7.3 In case of payment by PayPal or Stripe, the Consumer will be redirected to the appropriate page, where he can enter his registration data and make the payment. The order executed by the Consumer will not be processed by the Seller before the latter has collected the relative amount. At the end of the third day, if the Consumer has not made the payment due, the code will be deactivated and the order previously executed on the Site by the Consumer will be canceled.

7.4.Il Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Right of withdrawal and exclusions – Information

8.1. Pursuant to art. 59 D.Lgs. n. 206/2005 ("consumer code") and subsequent amendments, the right of withdrawal is excluded in the following cases:

- order of Products made to measure or clearly personalized;

- order of Products that are likely to deteriorate or expire rapidly;

- order of sealed Products that are not suitable to be returned for hygienic reasons or related to health protection or that have been opened after delivery.

8.2 With reference to the cases of exclusion of withdrawal listed above, the Consumer, in particular, is informed and accepts that among the Products that "risk deteriorating or expiring rapidly" are those pharmaceutical and cosmetic products whose characteristics and qualities are subject to alteration, also as a result of inappropriate storage by the Consumer.

8.3 Without prejudice to the cases indicated in Articles 8.1 and 8.2 above, the Consumer has a period of fourteen days to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to incur costs other than those provided for in paragraphs 8.6, 8.7 and 8.8 below.

8.4. The aforementioned 14-day withdrawal period starts:
a) in the case of an order for a single Product, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product; or
b) in the case of purchase of several Products ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last batch or piece.

8.5. To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in paragraph 8.1 above, of his decision, by means of any explicit declaration. In order to facilitate the timely management of the Consumer's request, the latter is invited to notify the Seller of his decision, (a) by filling in the appropriate Form for the exercise of the right of withdrawal0 LNAge (downloadable in PDF format) as well as attached to the conditions of sale that will be made available to the Consumer at the same time as the order confirmation, or (b) by sending the Seller any other explicit declaration to withdraw from the sales contract at the address LNAGE Srl, Via Luigi Rizzo 62, 1 00136 Rome (RM), indicating in any case the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address.

8.6. The Consumer who has exercised the right of withdrawal pursuant to this Article 8, must return the Product(s) purchased to the Seller, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to the Seller his decision to withdraw. The Product subject to withdrawal, properly protected and packaged, must be sent to the following address: LNAGE Srl, Via Luigi Rizzo, 62, 00136 Rome (RM). The direct costs of returning the Products subject to withdrawal to the Seller are the sole responsibility of the Consumer.

8.7. In case of exercise of the right of withdrawal, the Seller reimburses all payments received from the Consumer, including the costs of delivery of the Products, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer. The Seller is entitled to suspend the reimbursement of the aforementioned amounts until receipt of the Products subject to withdrawal or until the Consumer has demonstrated that he has returned the Products, whichever is earlier.

8.8. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratching, deformation, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the warranty certificate, where present, the Consumer will be liable for the decrease in assets in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport also from writings or labels.

9. Legal guarantee of conformity of the Seller, reporting of conformity defects and warranty interventions

9.1. The sale of the Products is subject to the legal guarantees of conformity provided for in Articles 128, 129 and 130 of the Consumer Code. The Consumer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or termination of the contract.

9.2 In the event of defects of conformity of the Products sold, under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months from the discovery - provided that they are not Products that by their nature are perishable or subject to expiration in a shorter period, in which case the defect must be reported within this reduced term - by sending by e-mail to the address [email protected] the appropriate form correctly completed [LNAge Return Form], with indication of the defect and / or non-conformity found, as well as the related documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the receipt tax).

9.3. Following receipt of the form and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer and decide whether to authorize the return of the Products by providing the Consumer with a feedback, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will not constitute in any way recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 14 (fourteen) days from the report of the defect or non-conformity, to the following address: LNAGE Srl, Via Luigi Rizzo 62, 00136 Rome.

9.4. If the Seller is required to reimburse the Consumer for the price paid and the related shipping costs, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product.

10. Liability for defective products

10.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) apply. The Seller, in its capacity as distributor of the products through the Site, is free from any liability, none excluded and / or excepted, indicating the name of the relative manufacturer of the Product.

11. Intellectual Property Rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of LNAGE Srl and / or its assignees, without any right to the Consumer deriving from access to the Site and / or the purchase of the Products.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of LNAGE Srl.

12. Consumer Data and Privacy Protection

12.1. In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the contract of sale of the Products, some personal data are requested through the Site to the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the legislation referred to in Italian law Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, subject to his consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

12.3. The Consumer may at any time verify, update, modify, delete their personal data provided to the Seller through the appropriate section of the Site "My account" accessible after authentication and may at any time exercise their rights under the Privacy Code by following the instructions provided in the privacy documentation on the Site.

12.4. For any further information on how to process the Consumer's personal data, please access the Privacy Policy section and carefully read the General Conditions of Use.

13. Safety

13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), they are not accessible or viewable by unauthorized third parties.

13.2. The Seller, with regard to data relating to credit card payments, uses the services of the company PayPal S.A. or Stripe that adopt technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

14. Force majeure

14.1. The Seller shall not be liable in the event of total or partial non-performance of its obligations under this contract if such non-performance is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and / or private workers, strike and / or restrictions on the viability of couriers and air connections.

15. Applicable law, attempt at conciliation and place of jurisdiction

15.1. The contract of sale of the Products through the Site will be governed and interpreted in accordance with Italian laws.

15.2. For disputes arising from this contract will be competent: a) the Court of the place of residence or domicile of the Consumer, if "consumer" pursuant to current legislation; b) exclusively the Court of Rome, Italy, in any other case.

15.3. For anything not expressly provided for herein, the provisions of the law in force in the Italian legal system apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree no. 206/2005 and subsequent amendments.