General Terms and Conditions of Sale (GTC)

In force since November 5, 2018

1. Website Name, data of the Seller and ownership of the domain name

1.1 The www.lamande.com website (“Website“) is the information and e-commerce website of L’AMANDE Srl, with registered office in 17100 Savona (SV), via S. Giovanni Bosco 3/5, corporate capital of euro 450,000.00 fully paid up, REA Savona no. 165768, registered in the Savona Business Register, with registration number, VAT number and Tax ID Number 01655020095.

1.2 The Website is owned by L’Amande S.r.l., which is also the owner of the domain name.

2. Identification of the Seller; use of the “L’Amande” trademark and/or patronymic trademark

2.1 The products marketed and/or purchased on the Website (“Products“) are offered and sold by L’Amande S.r.l., as better identified in the Article 1.1 (“L’Amande“).

2.2 L’Amande is the only counterpart of the user who intends to purchase one or more products from the Website. L’Amande is therefore (i) the subject to whom the user directs his order, in order to accept the offer and conclude the sales contract; (ii) the subject that assumes towards the user the pre-contractual obligations deriving from the offer; (iii) the subject that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded from the Website is therefore entered into by and between the user and L’Amande.

2.3 On the Website and in the communications with customers relating to the Website, L’Amande acts under the shop name and/or with the use of the “L’Amande” patronymic trademark. Therefore, when the term or the shop name “L’Amande”, or first person on plural are used on the Website and/or in the communications with customers relating to the Website, the reference is intended, as well as to the Website, also to L’Amande Srl.

3. Scope of the GTC

3.1 These General Terms and Conditions of Sale (“GTC“) govern the L’Amande offer and sale of products through the Website as well as the provision of the Website registration service.

3.2 The GTC are available to the user through the “General Terms and Conditions of Sale“ Website section, accessible via the link of the same name in the Website footer. The user can store and reproduce them.

3.3 The applicable GTC are those in force on the date of the purchase order transmission. Before to send the order and, therefore, at the conclusion of the purchase contract, the user is required to read carefully all the information that L’Amande provides to him or her through the Website, both before and during the purchase procedure, and to examine and approve these GTC by selecting the appropriate box available to the user during the purchase procedure and before the conclusion of the relevant contract.

3.4 These GTC can be modified at any time. Any change and/or new condition will be effective from the time they are published on the Website in the “General Terms and Conditions of Sale” section accessible through the link of the same name in the Website footer. Users are therefore invited to regularly access the Website and visit, before any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

3.5 These General Terms and Conditions of Sale do not govern the sale of products by parties other than L’Amande that may be present on the Website through links, banners or other hypertext links. Before a commercial transaction with these parties, it is necessary to verify their terms and conditions of sale. L’Amande is not responsible for the provision of services and/or the sale of products by such parties. On Websites that can be visited through these links, L’Amande does not perform any checks and/or monitoring. Therefore L’Amande is not responsible for the contents of such websites, nor for any errors and/or omissions and/or violations of the law by the same.

4. Buy on the website

4.1 The offer and sale of products from the Website constitute a distance contract governed by Chapter I, Title III (Articles 45 and ff.) of the Legislative Decree no. 206 dated 6 September 2005, (“Consumer Code“) and by Legislative Decree no 70, dated 9 April 2003, containing the regulation of electronic commerce.

4.2 Products can be purchased from the Website only after the Website registration, in the manner set forth in Article 5 below, and it is allowed both for users who are consumers and for users who do not possess this quality, be they natural or legal persons, companies and/or entities of any kind. Natural persons can buy only if they have reached the age of majority (18 years). Under no circumstances resellers or wholesalers may buy on the Website or, in general, all those who intend to purchase the Products for the purpose of their subsequent resale.

4.3 Please note that, pursuant to Article 3, para. 1, lit. a) of the Consumer Code, consumer means any natural person who, in relation to the purchase of products from the Website, is acting for purposes which are outside their trade, business, craft or profession;

4.4 In the case of orders, regardless of who they come from, which are abnormal in relation to the quantity of products purchased or the frequency of purchases or purchases made by retailers, wholesalers or in any case for the purpose of a subsequent resale, L’Amande reserves the right to undertake all actions necessary to stop irregularities, including suspension of access to the Website, cancellation of registration, or non-acceptance and cancellation of irregular orders.

4.5 Finally, L’Amande reserves the right to refuse or cancel orders placed (i) by users with whom it has an ongoing legal dispute; (ii) by users who have previously violated these GTC and/or the conditions and/or the terms of the purchase contract; (ii) by users who have been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who, within the procedure referred to in Articles 11.3 and 11.4 below, have not promptly sent to L’Amande the documents requested by it or that have sent invalid documents; (v) by users who has violated the provisions of Article 5.3 below.

5. Website registration

5.1 Registration on the Website is free. To register on the Website, the user must complete the appropriate form, entering his name, surname, an e-mail address, a password and, if any, his or her birth date and gender, and click on the “Create Account” button. The registration will be confirmed to the user via a registration confirmation e-mail.

5.2 The registration on the Website, by opening a personal account called “My Account” (“Account“), allows the registered user, among other things, to:

– manage his or her personal data and update them at any time;

– save and change his or her addresses;

– access all information relating to orders and any returns;

– access to after-sales assistance services.

5.3 Each user can make only one registration on the Website. It is therefore forbidden for the user to create multiple accounts referable to the same physical or legal person, to companies and/or entities of any kind, also through the use of data corresponding to the truth. It is also forbidden for the user to enter, for the purposes of registering on the Website, personal data of third parties and/or false and/or invented and/or fantasy data and/or, in any way, not corresponding to the truth. In the event of breach of these prohibitions, without prejudice to the provisions of Article 4.5 above, L’Amande reserves the right to close all accounts referable to the same physical or legal person, to the same company and/or to the same entity.

5.4 The login user credentials (e-mail address and password) allow the user to buy on the Website and to carry out, among other things, the activities referred to in Article 5.2 above and in Article 5.bis.2 below. They must therefore be preserved with extreme care and attention. They can also be used only by the user and cannot be transferred to third parties. The user undertakes to keep them confidential and to ensure that no third party has access to them. The user also undertakes to immediately notify L’Amande by contacting it at the addresses indicated in Article 16 which follows, in the event that the user suspects or becomes aware of an improper use or undue disclosure.

5.5 The user certifies that the personal data provided to L’Amande during the registration procedure and/or during the purchase and/or at any other time, are complete, truthful and referred to the user. The user undertakes to indemnify and hold harmless L’Amande against all damages, claims and and/or penalty deriving from and/or in any way connected to the violation by the user of the guarantees pursuant to this Article 5 and/or the violation of the rules on registration on the Website, on the purchase on the Website and/or on the  storage of the login user credentials.

6. Information necessary for the conclusion of the online contract

6.1 In compliance with the Legislative Decree no. 70 dated 9 April 2003 containing provisions on e-commerce, L’Amande informs the user that: (I) to conclude the purchase contract of one or more Products on the Website, the user, after logging in or registering on the Website, must complete an electronic order form and send it online to L’Amande, following the instructions that appear from time to time on the Website; (II) the contract is concluded when the order form reaches the server used by L’Amande; (III) before submitting the order form, the user can identify and correct any data entry errors by following the instructions on the Website; (IV) once the order form has been registered, L’Amande will send to the user, at the indicated email address, the order confirmation containing: a summary of the general and specific conditions applicable to the contract, the information relating to the essential characteristics of the product purchased, the detailed indication of the price, the methods of payment used, delivery costs, where applicable, and any additional costs as well as information on the right of withdrawal; to the order confirmation will be attached, in pdf format, the GTC applicable to the order as well as the standard instructions on withdrawal and the standard withdrawal Form referred to in Article 13 which follows; (V) the order form will be stored in the L’Amande database for the time necessary for its execution and, in any case, according to the law. The essential items of the order form will be reported in the order confirmation. Registered users can access their order by consulting the “Orders” section of the Account.

6.2 The language available to users for the conclusion of the contract is the Italian language. Customer Service is able to communicate with users in Italian and English.

7. Availability of the Products

7.1 The Products that can be purchased from the Website are shown in the electronic catalog on the Website and they can be displayed at the time the order is placed. The Products offered on the Website mainly belong to the following product categories: cosmetics, decorative and fragrance objects for environments and similar.

7.2 Each Product is accompanied by an information page that illustrates its main features (“Product Sheet“). Inside the Product Sheet there will be information on the availability of the Product. Product availability is continuously monitored and updated. However, since the Website can be visited by multiple users at the same time, it could happen that several users buy the same Product at the same time. In such cases, therefore, the Product could be available for a short period of time, being instead exhausted or not readily available and having to wait for the restocking.

7.3 If the Product is no longer available for the reasons indicated above or in other cases of unexpected unavailability of the Product, without prejudice to the rights attributed to the user by the law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, L’Amande will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, IV and V paragraphs, of the Consumer Code. Alternatively and without prejudice to this right, the user may accept one of the following proposals:

(i) if the re-stocking of the Product is possible, an extension of the delivery terms, with indication by L’Amande of the new delivery term of the re-stocked Product;

(ii) if re-stocking of the Product is not possible, the cancellation of the order.

The user’s choice must be promptly communicated to L’Amande by e-mail, to the addresses indicated in Article 16 below.

7.4 In the event that the user uses the right of resolution pursuant to Article 61, IV and V paragraphs of the Consumer Code or accept the proposal pursuant to Article 7.3 (ii) above or, finally, in the event that the user does not make any choice pursuant to Article 7.3 above, the contract is terminated, without prejudice to the rights attributed to the user by the law. L’Amande, without prejudice to the user’s right to compensation for damages, will reimburse the total amount paid by the user, consisting of the price of the Product, the delivery costs, if applied, and any other possible additional cost, as resulting from the order (“Total Amount Due“), without undue delay and, in any case, within 15 working days from the dispatch of the order. The reimbursement of the Total Amount Due will be made in the following ways: (i) in the case of payment by credit card, the repayment amount will be credited to the same payment method used by the user for the purchase; (ii) in the case of payment by PayPal, the repayment amount will be credited to the user’s PayPal account. The termination of the contract and the repayment amount will be communicated to the user via e-mail. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used. It should be noted, in particular, that the crediting times on the payment instrument connected to the user’s PayPal account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favour of this account, L’Amande cannot be held responsible for any delays or omissions in crediting the user of the repayment amount to dispute which the user must contact directly PayPal.

7.5 In the case of orders concerning more Products (“Multiple Order“), if the unavailability concerns only some of the Products covered by the Multiple Order – subject to the rights attributed to the user by the law, and, in particular, by the Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the Articles 7.3 and 7.4 above, should the unavailability arise affect all the Products subject to the order – L’Amande immediately will notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, IV and V paragraph, of the Consumer Code; the resolution, for technical reasons, will not have as object only the Product or the Products that have become unavailable, but will have to cover the whole order. Once the original order has been resolved, if the user still wants to purchase the available Products as per the original order, he or she must send a new online order concerning the Products, which will then be delivered by the delivery date indicated for this new order. Alternatively and without prejudice to this right, the user may accept one of the following proposals:

(i) if the re-stocking of the unavailable Products covered by the Multiple Order is possible, a delay in the delivery terms for all the Products (including those available), with an indication of the new delivery time;

(ii) if the re-stocking of the unavailable Products, the cancellation of the Multiple Order.

The user’s choice must be promptly communicated to L’Amande by e-mail, to the addresses indicated in Article 16 below.

7.6 In the event that the user uses the right of resolution pursuant to Article 61, IV and V paragraph, Consumer Code or accept the proposal pursuant to Article 7.5 (ii) above or, finally, in the event that the user does not make any choice pursuant to Article 7.5 above, the purchase contract concerning unavailable Products will be fully terminated, without prejudice to the rights attributed to the user by the law, including the right to compensation for damages, with consequent restitution of the Total Amount Due, including expenses of delivery and any other possible additional cost paid in relation to the order. The Total Amount Due by the user in relation to the resolved Multiple Order, will be refunded without undue delay and, in any case, within 15 working days from the dispatch of the order.

The repayment of the Total Amount Due will be made in the following ways: (i) in the case of payment by credit card, the repayment amount will be credited to the same payment method used by the user for the purchase; (ii) in the case of payment by PayPal, the repayment amount will be credited to the user’s PayPal account. The termination of the contract and the repayment amount will be communicated to the user via e-mail. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used. It should be noted, in particular, that the crediting times on the payment instrument connected to the user’s PayPal account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favour of this account, L’Amande cannot be held responsible for any delays or omissions in crediting the user of the repayment amount to dispute which the user must contact directly PayPal.

8. Products Information

Each Product is accompanied by the Product Sheet. The images and descriptions on the Website reproduce the Products characteristics as faithfully as possible. The colours of the Products and their packaging, however, may differ from the actual colours due to the settings of the computer systems or the computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

9. Prices

9.1 All Product prices published on the Website are expressed in Euro and are inclusive of Value Added Tax.

9.2 L’Amande reserves the right to change the price of the Products at any time, without notice, provided that the price charged to the user will be the one indicated in the order summary and displayed by the user before the order is transmitted and that any changes (up or down) after the transmission of the same will not be taken into account.

9.3 In the event that a Product is offered on the Website at a discounted price, the Product Sheet will indicate (i) the full reference price against which the discount is calculated and (ii) what the full reference price corresponds to. It is understood that the offer of products at discounted prices will be made only if the full price of the product corresponds to the actual market price of the same. In the event that no indication is entered, it must be understood that the full reference price is the price at which the Product was previously sold on the Website.

10. Purchase Orders

10.1 The purchase contract is decisively conditioned to the non-payment of the Total Amount Due. In the event that such payment does not take place, the purchase contract will therefore be considered terminated by law. The user will be notified via the Website that the transaction has not been successful and that the order has subsequently been cancelled.

10.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the time of delivery of the Product to the carrier (“Shipment“). The risk of loss or damage to the Products, for reasons not attributable to L’Amande, however, is transferred to the user, when the user, or a third party designated by the same and different from the carrier, enters materially into possession of the Products. The Shipment will be carried out, under the provisions of the Article 10.1 above, only upon confirmation of actual payment by the user of the Total Amount Due.

10.3 In order to avoid the purchase of Products by retailers and, in particular, the sale of the same on parallel markets as well as to allow a more efficient planning of production activities (L’Amande is, in fact, the producer of Products), the user may not purchase, within the same order, more than six (6) pieces of the same Product; furthermore, the order may not exceed, in any case and regardless of the number of Products placed in the cart, the maximum total amount of 1,000.00 euros; finally, it will not be possible to place more than three (3) orders in a single day (from 00.00 to 23.59). In the event that the user selects, within a single order, an amount greater than the maximum quantity that can be purchased as soon as indicated, or makes, with a single order, a purchase of a total amount exceeding € 1,000.00, L’Amande will not allow him or her to complete the purchase and this will be notified to the user through a special message, without prejudice to the user’s right to reduce this amount and/or the purchase amount or to renounce the purchase. In any case, if despite the foregoing, the user is able, for any reason, to complete an order for a total amount exceeding € 1,000.00 or containing more than 6 pieces of the same Product, L’Amande will proceed with the resolution of such orders, giving notice to the user, and reimbursing the Total Amount Due asper Article 7.4 above. The deadline for reimbursement starts from the date of resolution of the order. In the event that the user makes more than three orders a day, L’Amande will proceed to the resolution of the orders in excess and to the reimbursement of the Total Amount Due for the same as per Article 7.4 above. The repayment term starts from the date of resolution of the excess orders.

10.4 In order to send a purchase order, it is necessary to read and approve these GTC, selecting the appropriate box that will appear during the purchase process. Failure to accept the GTC makes it impossible to make purchases from the Website.

10.5 The registered user can request the issuance of the commercial invoice, selecting the appropriate box present during the purchase process and filling in the appropriate form. The commercial invoice, which will then be issued only if the user requests it in the manner indicated above, will be sent to the user at the indicated email address. For the issuance of the invoice, the information provided by the user through the specific form is authentic and the user guarantees to be true. He or she undertakes to keep L’Amande undamaged and harmless from any damage, compensation obligation and/or sanction that may derive from and/or be inflicted in the event that such information is inaccurate or untrue. No change in the invoice will be possible after its issue.

11. Payment Methods

11.1 Payment for Products purchased from the Website can be made in the manner described in the following paragraphs. If one of these payment instruments is not available, this will be clearly indicated on the Website, at the latest at the beginning of the purchase procedure. The unavailable payment methods will not be selectable during the specific check-out step.

  1. A) Payment by Credit Card

11.2 The payment of the Products purchased from the website can be made by credit card, directly through the Website. The accepted credit cards are those of the Maestro, MasterCard, Visa (including PostePay on Visa circuit), Visa Electron, American Express circuits. They are, in any case, indicated in the footer of each page of the Website. L’Amande will debit the Total Amount Due at the time the order is transmitted, which coincides with the conclusion of the online contract. In case of payment by credit card, if the user selects the “Fast payment. Safely save the card data to avoid having to enter them for future payments” present in the “Payments” page of the purchase process, he or she authorizes the storage, by the payment manager, of the credit card data entered and the their reuse for payment of subsequent purchases from the Website, thus avoiding having to enter such data with each purchase. The user, at any time, can revoke the authorization to store these data and reuse them for subsequent purchases by clicking on the “Remove card or change card” link.

11.3 In order to secure the online payments and to prevent possible fraud, L’Amande reserves the right to ask the user, via e-mail, to send, by the same means, a front/back copy of their ID card and, if the holder of the order is different from the holder of the credit card, the ID card of the latter. The document must be valid. The deadline within which the document must be sent to L’Amande will be specified in the request e-mail. This term will not, in any case, exceed 5 working days starting from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated time limit.

11.4 In the event that L’Amande does not receive these documents within the period specified in the request e-mail, or in any case within a maximum of 5 working days, or if it still receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of Article 1456 of the Civil Code and the order consequently cancelled, without prejudice to the right of L’Amande to compensation for any damage in which it was incurred due to the user’s non-compliant behaviour. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by L’Amande, will result in the cancellation of the order, with consequent repayment of the Total Amount Due and application, to the extent compatible, of Article 7.4 above. The repayment term starts from the order resolution.

11.5 If L’Amande receipts the documentation valid within the term indicated in the e-mail referred to in Article 11.3 above, the delivery terms applicable to the order will start from the date of receipt thereof.

11.6 L’Amande uses the secure payment service of the Banca Sella company, which provides for the use of the TSL security protocol. The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment manager. L’Amande therefore has no access and does not store the data of the credit card used by the user for the payment of the Products, except, limited to the data relating to the holder of the card, the case provided by the Article 11.3 above.

  1. B) Payment by PayPal

11.7 Payment for Products purchased from the Website can be made through the PayPal payment method. If the user chooses PayPal as payment method, he or she will be redirected to www.paypal.com, where he or she will pay for the Products according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with L’Amande. L’Amande is therefore unable to know and does not memorize in any way the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected with that account.

11.8 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user upon the order transmission, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the repayment amount due to the user will be credited to the PayPal account of the same. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been arranged in favour of this account, L’Amande will not be held responsible for any delays or omissions in crediting the user to the repayment amount, to dispute which the user will have to apply directly to PayPal.

12. Delivery of the Product

12.1 Goods are delivered on the Italian territory only, with the exception of the Municipality of Livigno (“Uncovered Area”).

12.2 The delivery of the Products will take place at the address specified by the consumer in the order form (“Home Delivery“). Considering the delivery restrictions pursuant to Article 12.1 above, the user is required to enter a shipping address in the order form that is located in the areas covered by the delivery service. Orders containing an indication of a shipping address that is located in the Uncovered Zone will be canceled pursuant to and for the purposes of Article 1456 of the Civil Code, with consequent reimbursement of the Total Amount Due with the methods and timing pursuant to Article 7.4 above. The repayment term will start from the date of termination of the contract.

12.3 At the time of shipment, an email will be sent to the user confirming that the Products have been delivered to the carrier (“Shipping Confirmation E-mail“). L’Amande reserves the right to change the costs of the Home Delivery, including, possibly, providing free Home Delivery at any time, without notice, provided that the cost of Home Delivery applied to the user will be indicated in the order summary, before the user is bound by the contract, and that any changes, up or down, following the transmission of the same will not be taken into account. The carrier will then send the user an email with the tracking number and/or link to track the shipment.

12.4 The Home Delivery is a paid service. Home Delivery costs are the responsibility of the user, unless otherwise indicated in the Product Sheet or in other parts of the Website. The specific amount of Home Delivery charges due by the user in relation to a specific order will be expressly and separately indicated (in Euro and inclusive of VAT) in the order summary and, in any case, before the user proceeds with the transmission of the same, as well as in the order confirmation e-mail.

12.5 In the event of partial withdrawal from Multiple Orders and/or partial termination, for whatever reason, of the purchase contract relating to Multiple Orders, the Home Delivery costs will not be reimbursed, since, as indicated in Article 12.4 above, their amount depends neither on the number of Products ordered nor on their weight. In case of partial withdrawal from Multiple Orders and/or partial termination of Multiple Orders, for reasons not attributable to L’Amande, if, due to the withdrawal or partial termination, the Total Amount Due should fall below the threshold that has possibly allowed the user to take advantage of free shipping, the shipping costs, as resulting from the “Deliveries and Restrictions” page, reachable through the homonymous link present in the Website footer and in the Product Sheet, will be charged user and, consequently, subtracted from the repayment amount.

12.6 The Home Delivery is intended for the street level, unless otherwise specified in the Product Sheet. The Home Delivery will be made from Monday to Friday during normal business hours (from 9 am to 6 pm), excluding national holidays.

12.7 The user acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In case of impossibility of delivery due to the user’s absence at the address specified in the order form, the courier will leave a notice of passage containing the contact number (“Notice of Passage“). The courier will then carry out a second delivery attempt the following day, or on an alternative delivery date previously arranged, depending on the instructions on the Notice of Passage. In case this second attempt was not successful or in case the user did not contact the courier, the parcel will go “in stock” with the courier. The courier will then communicate the storage to L’Amande which, through the Customer Service, will contact the user in order to provide him or her with all the information necessary for collecting the parcel at the courier’s branch. In the event that the user did not pick the parcel up at the courier’s branch within 5 days of delivery of the transit advice, the purchase contract will be deemed terminated by law pursuant to and for the purposes of Article 1456 of the Civil Code with consequent reimbursement, within 15 working days from the termination of the contract, of the Total Amount Due, minus the cost of unsuccessful shipping, the storage costs, the return costs to L’Amande and any further expenses the Company may have incurred in due to the impossibility of delivery caused by the recipient’s absence. The delivery procedure, the handling terms in case of impossibility of delivery due to the absence of the recipient and the consequences of non-collection within the agreed terms and the return to the sender for non-delivery will be remembered in the Shipping Confirmation e-mail.

12.8 In the case of Multiple Orders having as object Products that must be delivered separately, the procedure pursuant to Article 12.7 above will find independent application to each delivery, with the consequence that failure to collect the Product within the term indicated in this article will not lead to the termination of the entire contract, but the partial termination of the same with reference only to the Product not collected. Consequently the amount that will be reimbursed to the user will not be the Total Amount Due but only the amount due in relation to the Product not collected, minus the costs of delivery not successful, calculated as provided for in Article 12.5 above, the storage costs, the costs of returning to L’Amande and any other possible expense incurred due to failure to deliver due to the absence of the recipient.

12.9 During the purchase process, before the user sends the order, the terms within which L’Amande undertakes to deliver the Products subject to the user’s order and which take into account, in addition to the area and delivery method, also the possibility that the user purchases more Products with the same order. Delivery terms start from the business day following the conclusion of the contract (i.e. the sending of the order), unless otherwise indicated. The delivery time for the specific order will also be indicated in the Order acknowledgement. In the event of failure to indicate the delivery time, it will, in any case, occur within thirty days from the day following the conclusion of the contract. The delivery obligation is fulfilled by transferring the Products material availability or control to the user.

12.10 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, invites L’Amande to make the delivery within an additional period appropriate to the circumstances (“Additional Term pursuant to Article 61, para. III, Consumer Code“). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to Article 61, para. III, Consumer Code“), without prejudice to the right to compensation for damages. The user is not obliged to grant the Additional Term pursuant to Article 61, para. III, Consumer Code (“Excluded Cases“) if: a) L’Amande has expressly refused to deliver the Products; b) compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user has informed L’Amande, before the conclusion of the contract, that delivery by or on a specific date is essential.

In Excluded Cases, the user, if he or she does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, except for the right to compensation for damages (“Termination of the Contract in Excluded Cases “).

The indication of the Additional Term pursuant to Article 61, para. III, Consumer Code and the communication of Termination of the Contract pursuant to Article 61, para. III, Consumer Code or Termination of the Contract in Excluded Cases shall be communicated by the user to L’Amande at the addresses indicated in Article 16 below.

In the case of Termination of the Contract pursuant to Article 61, para. III, Consumer Code or Termination of the Contract in Excluded Cases, L’Amande will reimburse the user the Total Amount Due without undue delay, in the manner set forth in Article 7.4 above. The repayment term starts from the termination of the contract.

12.11 In any case, L’Amande undertakes to notify the user, promptly and by e-mail, of the delay in delivery (“Notice of Delay“), indicating at the same time the new deadline for delivery, if available (“New Delivery Date“) and, in the event that the user does not proceed with the establishment of the Additional Term pursuant to Article 61, para. III, Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to Article 61, para. III, Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to use at any time such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, L’Amande undertakes to: (i) in the case of a delivery with a delay of between 1 and 3 working days with respect to the New Delivery Date, reimburse the user for the Home Delivery costs; (ii) in the case of a delivery with a delay of between 4 and 10 working days with respect to the New Delivery Date, allow the user to refuse delivery and terminate the contract, with consequent repayment, according to the methods indicated in Article 7.4 above, of the Total Amount Due paid immediately and, in any case, within 10 working days of the request for termination of the contract; (iii) in the case of a delivery with a delay of more than 10 working days with respect to the New Delivery Date or, in any case, 20 days with respect to the original delivery date, offer the user, in addition to the provisions of this article, point (ii) above, the possibility of accepting the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and subject to express consent.

12.11 bis In the cases referred to in Articles 12.11 (i), 12.11 (ii) and 12.11 (iii), if the Home Delivery costs are to be reimbursed, the reimbursement of these expenses will take place as follows: (i) in the case of payment by credit card, with credit on the same payment instrument used for the purchase; (ii) in the case of payment by PayPal, with credit to the user’s PayPal account.

12.12 In the event of Multiple Orders having as object Products that must be delivered separately, the provision of Article 12.11 above will find autonomous application for each delivery. With respect to each delivery and therefore, limited to the Products covered by the same, the user may proceed with the establishment of the Additional Term pursuant to Article 61, para. III, Consumer Code and to the Termination pursuant to Article 61, para. III, Consumer Code or Termination in Excluded Cases, applying the related assumptions. In this case, L’Amande will reimburse the Partial Amount Due to the user without undue delay, in the manner set forth in Article 7.6 above. It being understood that, in the case of Mixed Payment, the Partial Amount Due reimbursement will be made by crediting the same payment method or the PayPal account used by the user for the purchase. The repayment term starts from the termination of the contract.

12.13 In any case, L’Amande undertakes to send, promptly and by e-mail, the Notice of Delay to the user, indicating at the same time the New Delivery Date, if available, and, in the event that the user does not proceed with the establishment of the Additional Term pursuant to Article 61, para. III, Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to Article 61, para. III, Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to use at any time such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, L’Amande undertakes to: (i) in the case of a delivery of one of the Product included in the Multiple Order with a delay of between 1 and 3 working days with respect to the New Delivery Date, reimburse the user for the Home Delivery costs, calculated as per Article 12.5 above; (ii) in the case of a delivery of one of the Product included in the Multiple Order with a delay of between 4 and 10 working days with respect to the New Delivery Date, allow the user to refuse delivery and terminate the contract partially and limitedly to the late delivered Product included in the Multiple Order, with consequent repayment, according to the methods indicated in Article 7.6 above, of the Partial Total Amount immediately and, in any case, within 10 working days of the request for termination of the contract, but it being understood that, in the case of Mixed Payment, the Partial Amount Due reimbursement will be made by crediting the same payment method or the PayPal account used by the user for the purchase. Alternatively, if the user does not want to terminate the contract, L’Amande undertakes to reimburse the user for the Home Delivery costs, calculated as per Article 12.5 above, and, regardless of the user’s choice; (iii) in case of delay in the delivery of one of the Products included in the Multiple Order exceeding 10 working days with respect to the New Delivery Data or, in any case, 20 days with respect to the original delivery time, offer the user, in addition to the provisions of this article, point (ii) above, the possibility of accepting the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and subject to express consent.

12.13-bis In the cases referred to in Articles 12.13 (i), 12.13 (ii) and 12.13 (iii), if the Home Delivery costs are to be reimbursed, such reimbursement will be in the manner set forth in Article 12.11-bis above.

12.14 In the cases referred to in Articles 12.12 and 12.13 above, the resolution of the Multiple Order will be possible only in the case of evident and proven relating to priority of the Products subject to the Multiple Order delivered late or not delivered within the terms indicated with respect to the other Products subject to the Multiple Order promptly delivered.

12.15 In the event of failure to send the Notice of Delay or the failure to fix the New Delivery Time, all the terms referred to in Articles 12.11 (i), (ii), (iii) and 12.13 (i), (ii) and (iii) above will run from the original delivery date. Acceptance of the New Delivery Time in the cases referred to in Articles 12.11 and 12.13 above and, in the cases referred to in Articles 12.11 (ii) and (iii) and 12.13 (ii) and (iii), the user’s choice must be promptly communicated to L’Amande by e-mail to the addresses indicated in Article 16 below.

12.16 The user must check the conditions of the Product delivered to him or her. It being understood that the risk of Products loss or damage, for reasons not attributable to L’Amande, is transferred to the user, when the user, or a third party designated by him or her and different from the carrier, enters into physical possession of the Products. The   user must check the number of Products received and verify that packaging is intact, undamaged, neither wet nor otherwise altered, even in the closing materials (adhesive tape) and is invited, in his or her interest, to indicate on the document transport of the carrier, any anomalies, accepting the package under reserve (withdrawn subject to verification). The receipt of the Products without reserve, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to wilful misconduct and gross negligence of the courier and except for the partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, it is also recommended that the user promptly notify the Customer Service. In any case, the application of the rules concerning the right of withdrawal and the legal guarantee of conformity remains unaffected.

13. Right of Withdrawal

13.1 Pursuant to the Articles 52 and ff. of the Consumer Code, the user who has the quality of consumer has the right to withdraw from the purchase contract of the Product without having to provide any reasons and without having to incur costs other than those provided for in Articles 13.6 and 13.9 below, within fourteen calendar days (“Withdrawal Period). The withdrawal period will expire after 14 days:

  1. a) in the case of a purchase order relating to a single good, from the day on which the user acquires, or a third party other than the carrier and indicated by the user acquires, physical possession of the good;
  2. b) in the case of a purchase order relating to multiple goods, ordered in one order and delivered separately, from the day on which the user acquires, or a third party other than the carrier and indicated by the user acquires, physical possession of the last good;
  3. c) in the case of a purchase order relating to the delivery of a good consisting in multiple lots or pieces, from the day on which the user acquires, or a third party other than the carrier and indicated by the user acquires, physical possession of the last lot or piece.

In the event that the order relates to a kit of pieces (“Kit“) or a box containing several pieces (“Box“), the Product consists of the Kit and/or the Box as a whole, as the packaging of the Kit or Box contains information required by law, such as the lot number and INCI (INCI means “International Nomenclature of Cosmetic Ingredients“, i.e. the indication of the ingredients of the product). It follows that the right of withdrawal can be exercised only with reference to the entire Kit and/or Box and not in relation to individual pieces.

13.2 To exercise the right of withdrawal, the user must notify L’Amande of his or her decision to withdraw from this contract before the withdrawal period has expired. To this purpose, the user may:

  1. a)use the model withdrawal form (“Model withdrawal form”) available on the Website, before the conclusion of the contract through the link “Right of Withdrawal”, also accessible from the Product Sheet and attached to the order confirmation e-mail;
  2. b)submit any other explicit statement of his or her decision to withdraw from the contract (“Withdrawal Statement“).

13.3 The user can exercise online the right of withdrawal, filling out and sending a specific form (“Online Withdrawal Form“) electronically, following the guided procedure available in the “Reso/Diritto di Recesso (Returns/Right of Withdrawal)” Account section. In the event of online withdrawal, L’Amande will promptly send the user, via e-mail, a confirmation of receipt of the withdrawal application. To submit an online withdrawal application, the user must:

– access the “Reso/Diritto di Recesso (Returns/Right of Withdrawal)” Account section;

– click on the “WITHDRAWAL AND RETURN” button next to each order;

– select the Product(s) for which it intends to withdraw and then click on the “CONFIRM WITHDRAWAL AND RETURN” button, after indicating, in the “Reason for return” field, if any, the reason for the return; this indication is not mandatory;

13.4 Without prejudice to the possibility of sending the Online Withdrawal Form, the Withdrawal Form or Withdrawal Statement must be sent to the following e-mail address: servizio.clienti@lamandeshop.it, or to the address:

L’Amande Srl 

via S. Giovanni Bosco 3/5 
17100 Savona 
c/o Servizio Clienti

13.5 The user has exercised his or her right of withdrawal within the Withdrawal Period, if the motive concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Withdrawal Statement, the consumer must indicate in the Withdrawal Statement the order number, the Product(s) for which he or she intends to exercise the right of withdrawal and his or her address. Please note that since The burden of proof of exercising the right of withdrawal shall be on the consumer, it is in the user’s interest to use a durable support when communicating to L’Amande the withdrawal.

13.6 The user must return the Products to L’Amande, using a carrier of his or her choice and at his or her own expense, without undue delay and in any case within 14 calendar days from the date on which he or she communicated to L’Amande his or her decision to withdraw (“Deadline for Return“). The term for the return is respected, if the user returns the products before the expiry of the fourteen-day period. The Product, appropriately protected and packaged and in the original packaging (the original packaging, bearing the INCI indication of the Product, is, given the type of Product, an integral part of the Product itself), must be returned to the following address:

L’Amande Srl c/o FM Italia srl

Località Oltreorba, 21 
15060 Capriata d’Orba (AL) 
c/o Ufficio Resi

The direct costs of the returns are charged to the user as well as the responsibility for the transport of the same. In the case of Products which by their nature cannot normally be returned by post, in the standard instructions on withdrawal (“Standard Instructions on Withdrawal“) the estimated maximum cost of the return will be indicated, identified by type of Product and based on the cost of delivery of the same. The Standard Instructions on Withdrawal, containing information on the exercise of the right of withdrawal, are available on the Website before the conclusion of the contract, via the link “Right of Withdrawal”, also accessible from the Product Sheet and attached to the order confirmation e-mail. Products are returned under the responsibility and expense of the user. The user is kindly requested to indicate outside the return package the number of the order for which he or she exercises the right of withdrawal, for the purpose of a more efficient management of the case.

13.7 If the user withdraws from this contract, L’Amande shall reimburse to the user the Total Amount Due or, in case of withdrawal from all payments received from him or her, including the costs of delivery (included the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, if any), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract and without prejudice to the previous point (B). Such reimbursement will be carried out using the same means of payment used for the initial transaction, unless expressly agreed otherwise. In particular: (i) in the case of payment by credit card, the repayment amount will be credited to the same payment method used for the purchase; (ii) in the case of payment by PayPal, the repayment amount will be credited to the user’s PayPal account. In any event, the user will not incur any fees as a result of such reimbursement. L’Amande may withhold reimbursement until it has received the goods back or the user has supplied evidence of having sent back the goods, whichever is the earlies.

If the user withdraws from the contract, L’Amande will reimburse the Total Amount Due or, in the case of partial withdrawal from Multiple Orders, the Partial Amount Due, including delivery costs, if applicable, calculated, in the case of Multiple Orders, as indicated in the Article 12.5 above, without undue delay and in any case no later than 14 calendar days from the day on which L’Amande was informed of the user’s decision to withdraw from the contract.

13.8 The user is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by its packaging (which, as bearing the INCI indication of the Product, is an integral part of the Product itself) of all the possible accessories, illustrative sheets, identification tags, labels and the disposable seal, where present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product, without prejudice to the provisions in relation to the Kits and Boxes.

13.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the repayment amount may be reduced by an amount equal to this decrease in value. L’Amande will give notice of the circumstance and of the consequent diminished repayment amount to the user within 5 working days from receipt of the Product, providing the same, in the event that the repayment amount has already been paid, the bank details for the payment of the amount due by the user for the decrease in value of the Product. Without prejudice to the assumptions envisaged by Article 13.11 below and in general by Article 59 of the Consumer Code, in which the right of withdrawal does not apply and/or fails when certain circumstances occur, and, therefore, in which, therefore, no reimbursement is due to the user, in the – different – cases where the right to withdrawal is applied, if the Product for which the right of withdrawal has been exercised has been opened, given the type of Products, it is assumed that the Product can no longer be placed for sale, that it has undergone a 50% reduction in value and, consequently, that the repayment amount will be reduced by 50%, without prejudice to L’Amande’s right to deduct from the repayment amount an even greater sum, in the event that the decrease in value suffered by the Product due to an incorrect handling of the same was greater than 50%. In the event that the withdrawal concerned Boxes and/or Kits, since the Product consists of the Kit or the Box as a whole, in case even one of the pieces inside the Box and/or the Kit was opened, the decrease in value minimum 50% will be applied to the entire Box and/or Kit.

13.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not entitle to any refund. L’Amande will notify the user within 5 working days of receipt of the Product, rejecting the withdrawal request. The Product will remain at L’Amande available to the user for collection, which must take place at the expense and under the responsibility of the user.

13.11 The right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and, in particular, as regards contracts entered into through our site, with regard to the supply (i) of customized or clearly personalized goods; (ii) of goods that are likely to deteriorate or expire rapidly; (iii) of sealed goods that do not lend themselves to being returned for hygienic reasons or for reasons connected to health protection and are opened after delivery (e.g.: creams, sunscreens and cosmetic products in general, perfumes, etc.). The supply of a cosmetic product is considered to be open if the package containing it is open. The supply of a perfume is considered to be open if the bottle cap containing the perfume is removed. The supply of a cream, a sunscreen or any other cosmetic is considered open if the package containing it is open.

13.12 In the event that, by resorting to one of the cases provided for by law, the right of withdrawal does not apply, this exclusion will be given specific and express communication in the Product Sheet and/or, in any case, during the purchase process, before the user proceeds with the transmission of the order.

14. Legal Guarantee

14.1. All goods sold on the Website are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code (“Legal Guarantee”).

14.2 Scope of application

The Legal Guarantee is reserved to consumers. It therefore applies only if the consumer has purchased our goods on the www.lamandeshop.it website (“Website“) for purposes unrelated to his/her business, commercial, craft or professional activity. The customers who have purchased on the Website but are not consumers will be covered by the guarantee for defects of the product sold, the guarantee for defects of promised and essential quality and the other guarantees provided by the Civil Code with the relative terms, forfeitures and restrictions.

14.3 Application of the Legal Guarantee

The seller (and, therefore, as regards purchases made on the Website, the company “L’Amande Srl” with registered office at 17100 Savona (SV), via S. Giovanni Bosco 3/5, corporate capital: 450,000.00 euros fully paid-up, REA Savona No. 165768, registered in the Business Register of Savona, with registration number, VAT number and Tax Code 01655020095; “L’Amande”) is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and that occurs within two years of delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the goods, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of the delivery.

In order to take advantage of the Legal Guarantee, the consumer must therefore provide evidence of the goods purchase and delivery date. It is therefore advisable that, for the purposes of this evidence, the consumer keeps the order confirmation e-mail or the purchase invoice, if any, or the transport document or any other document that can attest the purchase (for example the credit card statement of account or the bank statement of account ) and the delivery date.

14.4 Lack of conformity

There is a lack of conformity when:

  1. the goods purchased are not fit for the use for which goods of the same type are normally used;
  2. the goods purchased do not comply with the description given by the seller and do not possess the qualities of the goods which the seller has held out to the consumer as a sample or model;
  3. the goods purchased do not show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling;
  4. the goods purchased do not fit the particular purpose the consumers requires them for, and which he had notified to the seller at the time of conclusion of the contract, and which the seller has accepted.

Any faults or malfunctions caused by accidental facts or by the consumer responsibility or by a use of the goods that is not in conformity with their intended use and/or with what is foreseen in the technical documentation attached to the goods are excluded from the scope of the Legal Guarantee.

14.5 Remedies available to the user

In case of duly notified lack of conformity:

– primarily, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, unless the remedy requested is impossible or disproportionate;

– secondarily (if the repair or replacement is impossible or excessively expensive and if the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out have caused significant inconvenience to the consumer) the consumer shall be entitled to have a price reduction or the contract resolution, at the consumer choice.

The remedy shall be considered disproportionate if it imposes costs on the seller which, in comparison with the other remedy, are unreasonable, taking into account: (i) the value the goods would have if there were no lack of conformity; (ii) the significance of the lack of conformity; (iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.

14.6 What should be done in case of a lack of conformity

If the goods purchased on the Website, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user can follow the procedure detailed in the “Legal Guarantee of Conformity” section of the Website or contact the Customer Service, at the addresses detailed in the Article 16 below. In both cases, a prompt reply will be given to the notice of the alleged lack of conformity and the specific procedure to be followed will be indicated to the user, also taking into account the product category to which the Product belongs and/or the defect reported.

14.7 L’Amande reserves the right to ask the consumer to attach the order confirmation e-mail or another document proving the purchase date and the delivery date to the request to use the Legal Guarantee.

15. Manufacturer’s Conventional Guarantee; Premium events

15.1 The products sold on the Website, depending on their nature, may be covered by a standard guarantee provided by the manufacturer (“Conventional Guarantee“). The user can assert this guarantee only against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Guarantee depend on the manufacturer and are indicated in the Guarantee Certificate included in the product packaging. The Conventional Guarantee is voluntary, does not replace, does not limit and does not prejudice or exclude the Legal Guarantee.

15.2 L’Amande may organize contests and promotions reserved to Registered Users. The rules of each contest or promotion will be available in a specific section of the Website. If the prizes consist of discount vouchers, vouchers or equivalent forms, they may in no case be converted into cash.

16. Customer service and complaints

16.1 It is possible to request information, send communications or make complaints by contacting the customer service (“Customer Service“) in the following ways:

– by-mail to: servizio.clienti@lamandeshop.it;
– by post to L’Amande Srl – Via S. Giovanni Bosco, 3/5 17100 Savona c/o Servizio Clienti;
– by phone at number +39 019 489829;
– by the Website, on the “Contact us” section.

16.2 L’Amande will respond to complaints by e-mail or by post within a maximum of 5 working days from receipt of the request.

17. Applicable Law and Jurisdiction

17.1 The on-line purchase contract is governed by Italian law.

17.2 It is without prejudice to the application to users/consumers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the term for the exercise of the right of withdrawal, at the end for the return of the Products, in case of exercise of this right, to the methods and formalities of the communication of the same and to the legal guarantee of conformity

17.3 Please note that in the case of a user/consumer, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the courts of the place where the user resides or has elected domicile have jurisdiction.

18. ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR)

18.1 Pursuant to Article 141-sexies, para. 3, Consumer Code, L’Amande informs the user who is a consumer pursuant to Article 3, para. 1, lit. a) Consumer Code, which, in the event that he or she has submitted a complaint directly to L’Amande, following which it has not been possible, however, to resolve the dispute thus arisen, L’Amande will provide information regarding the ADR body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these GTC (so called ADR bodies, as indicated in Articles 141-bis and ff. Consumer Code) specifying whether or not such bodies will be consulted to resolve the dispute.

18.2 L’Amande also informs the user who is a consumer pursuant to Article 3, para. 1, lit. a) of the Consumer Code, that an European platform for the online resolution of consumer disputes (so called ODR platform) was established. The ODR platform can be visited at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the website of each of them and start an online dispute resolution procedure in which it is involved.

18.3 In any case, this is without prejudice of the consumer user’s right to apply to the ordinary courts competent of the dispute arising from these GTC, whatever the outcome of the court settlement procedure, as well as the possibility, where the conditions exist, to promote an extrajudicial resolution by resorting to the procedures set forth in Part V, Title II-bis of the Consumer Code.

18.4 Users who reside in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these GTC, to the European procedure established for modest disputes, by Regulation (EC) no. 861/2007 of the European Parliament and of the Council of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the www.eur-lex.europa.eu website.

18.5 According to the Article 49 para. 1 lit. v) of the Legislative Decree no. 206/2005 (Consumer Code), if the consumer intends to resolve a dispute arising with the merchant, the consumer can avail himself of the Joint Conciliation Procedure. The Procedure can be started if after submitting a claim/complaint to the company, within 45 days, the consumer has not received a reply or has received a reply that he do not consider satisfactory. If the consumer decides to take advantage of the Joint Conciliation Procedure he must forward the application to the address: conciliazione@consorzionetcomm.it or at the fax number: + 39 02 87181126. For further information please visit:: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl.