CONDITIONS OF SALE
The following terms and conditions (“Conditions of Sale") will apply to all sales of watches bearing the trademark FONDERIA that the "Customer” orders from LOWELL S.r.l., with a registered office address in Modena, at Via G. Cassiani, 173 (hereafter LOWELL or the Seller) by accessing the website identified by the domain name www.fonderiawatch.com (the “website").
These Conditions of Sale apply exclusively to purchases made on the website.
The Conditions of Sale applying to orders forwarded through the website are those current at the time when the order is placed. By checking the “I accept" box in the order confirmation section of the website prior to carrying out the order, Customers confirm that they understand and accept the present Conditions of Sale in full. No product may be purchased from this website without accepting these Conditions of Sale.
All website users will be deemed, by virtue of their use of the site, to have agreed to be bound by the Policy Privacy, which is considered an integral part of these Conditions of Sale.
2. WHO CAN MAKE PURCHASES
Purchases may only be made by persons who:
• have reached legal age (18 years of age in Italy)
• have legal capacity to conclude a contract
• are resident in an EU Member State
Where Customers are not of legal age or not without legal capacity to conclude a contract, their parents or legal guardians must place the order on their behalf and accept the present Conditions of Sale. Any orders placed in contravention of the present provision will be regarded as null and void.
3. AVAILABILITY OF PRODUCTS
All orders placed on the website are subject to availability and acceptance by LOWELL, which reserves the right to modify the product range offered on the website.
Customer Services and the product-related pages on the website provide all the relevant information on the products currently for sale through these channels.
4. PERSONAL DATA
In order to place an order through the website, Customers will be required to provide valid and up-to-date personal details including their name, surname, home address, postal code, T.I.N. and email address.
Orders placed through the website will be managed as follows.
Information relating to the products, including product codes, is available on the site in accordance with Articles 52 and 53 of the Consumer Code.
Once a product has been chosen, the “add to basket" button must be clicked to add a product to the shopping basket. Customer may then make further purchases by adding other items to the shopping basket or else proceed to purchase them by clicking on the “place order” button. One or more products may also be removed from the shopping basket.
Before purchasing products by sending the order form, Customers will be asked to read the Conditions of Sale carefully and to print, save or copy them for personal use.
The order form will be kept on file in the LOWELL database for the period of time needed to fulfil the order and in any case within the limits of the law.
6. PRICES, TAXES AND DELIVERY COSTS
All prices shown on the product pages of the website are to be understood as including VAT but excluding delivery costs and other charges. Prices are given in Euro. Delivery costs and VAT will be separately itemised on the order form and also shown on the order acknowledgment and the invoice. Applicable VAT will be calculated at the time of Order Confirmation (as defined in Clause 10).
7. CUSTOMER CHECKING AND CONFIRMATION
Customers are required to carefully check all details prior to proceeding with their purchases, including, without limitation, the details of each purchase.
Once the order has been carefully reviewed, Customers should check the box next to the wording “I have read and accept the general terms and conditions" in order to confirm full and binding acceptance of the Conditions of Sale and then click on the “place order" button to proceed to the purchase.
Once the order has been placed, LOWELL undertakes to dispatch the products the Customer has placed in the shopping basket. Unless otherwise indicated in these Conditions of Sale, LOWELL reserves the right to refuse, cancel and annul orders at any time on justifiable grounds.
Payment may be made using any of the methods specified on the Seller’s website after Customers have confirmed that they wish to continue with the order placed.
Credit/debit card holders are subject to validation and authorisation by the issuer of the card or payment service chosen. Should the issuer of the payment card refuse authorisation of the payment owed to LOWELL, the Customer will be responsible for contacting the issuer to resolve the problem.
In case of credit card payment, financial information (for example, the credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to the credit institution appointed by Lowell to carry out payment procedures and provide the necessary remote electronic payment services, in such a way as to prevent any possibility of third-party access.
The billing address must be located in one of the countries specified in Clause 2 above. Orders with billing addresses in countries other than those specified in Clause 2 above will not be accepted.
Once the Customer has placed the order and selected the payment method, LOWELL will wait until it has received payment before dispatching the order.
LOWELL undertakes to protect the Costumer's personal data throughout online sales procedures. It is not however possible to warrant for the security and completeness of data sent to the website and LOWELL may therefore not be held responsible for loss or damage suffered as a result of internet use, for example in cases of hacking (unlawful access to computer systems).
10. ORDER ACKNOWLEDGEMENT AND ORDER CONFIRMATION
In accordance with Article 53 of the Consumer Code, when the order is confirmed LOWELL will send the Customer an email listing the Conditions of Sale, essential specifications of the product purchased, itemised statement of price, information on delivery costs, the conditions under which right of withdrawal may be exercised and how to exercise the right, an address for any complaints, information on after-sales services and any commercial warranties. The Customer must check the content of this message without delay and immediately notify LOWELL of any errors or omissions.
The order acknowledgment will contain an Order Reference Number assigned by LOWELL. The Customer must read the Conditions of Sale carefully on receipt of the message and keep the Order Reference Number safely for future reference.
LOWELL will only accept orders for deliveries to addresses in the countries listed in Clause 2 above.
Delivery costs are itemised in the order form and added to the price of the products ordered. Delivery costs and estimated delivery times are indicated on the website prior to carrying out the order and summarised in the order confirmation.
LOWELL will make every possible effort to ensure delivery by courier by the delivery date specified in the order confirmation and in any case within seven working days of the order confirmation to customer addresses in Italy and within 20 days to customer addresses in other EU Member States.
Once the order has been dispatched, LOWELL will issue the corresponding invoice, which will be sent together with the product, where the billing address is the same as the requested delivery address; otherwise the invoice will be sent via email to the billing address.
13. CUSTOMER RIGHT OF WITHDRAWAL
Customers may exercise their right of withdrawal by sending the online withdrawal form or by contacting LOWELL at the following email address: email@example.com within 14 working days of receiving the products purchased, specifying the order number, the product for which the right of withdrawal is to be exercised, customer billing details and a contact email address.
Customers will be contacted via email by Lowell customer services, who will proceed to arrange the returns procedure and manage reimbursement. The product to be returned will be picked up from the Customer’s home address by a courier chosen by Lowell, with insured delivery charged to the Customer.
The reimbursement will cover the price of the product and initial dispatch costs. Delivery costs incurred by Lowell for collecting returns that are equal to the amount for the insured dispatch of the product will not be reimbursed.
The right of withdrawal will be deemed to have been correctly exercised if the following requirements have been fulfilled:
- an email must have been sent within 14 (fourteen) working days from the date on which the Customer received the products, containing all of the requested information;
- the products must not have been used or damaged;
- the products must be handed over to the courier chosen by Lowell in their original packaging and as packed when received.
Reimbursement will be performed by bank transfer as soon as possible, and in all cases within 14 days of the Seller having been informed of the Customer’s decision to withdraw from the contract.
The Customer will be exclusively liable for any reduction in the value of the goods due to handling in any manner not strictly necessary for the purposes of establish their nature, characteristics and proper working order.
Lowell extends a warranty on the products for a period of two years from the delivery date covering conformity defects. Any defective part due to a manufacturing fault, duly verified by LOWELL Technical Services, will be replaced free of charge. The warranty will not apply in cases of wrong or improper use, third-party repairs, negligence, damage caused by knocks or accidents, or ordinary wear and tear of the product and/or its parts. The website section “Maintenance” contains suitable advice on “Fonderia” product maintenance.
In order to avail of the warranty, Customers must contact Lowell Customer Services by sending an email to the following address: firstname.lastname@example.org specifying the order number, the product for which the warranty claim is being made, the defect found, a copy of the invoice and a contact email address.
The Seller undertakes to contact the Customer to arrange checking of the defective product by Lowell Technical Services.
Should Lowell find a defect and agree to replace the defective product or part, an email will be sent to the Customer to arrange collection and replacement by a courier chosen by the Seller. Lowell undertakes to proceed with the replacement, where deemed necessary, within 30 days of the date on which the Customer is sent the email confirming replacement of the defective part.
Any dispatch performed outside of the scope of the Warranty conditions will be charged to the Customer.
The legal guarantees specified in Articles 129, 130 and 132 of the Consumer Code will apply to all Product sales.
15. AFTER-SALES SERVICE
LOWELL guarantees after-sales service. For any requests or inquiries regarding repair, contact Customer Services by sending an email to the following address: email@example.com.
Lowell undertakes to contact the Customer within seven (7) working days to communicate and arrange the method, times and costs of assistance.
Costs of after-sales assistance falling outside the scope of Article 14 (Warranty) will be charged entirely to the Customer.
16. INTELLECTUAL PROPERTY RIGHTS
The trademark ”FONDERIA” and all intellectual property rights relating to the products and packaging (including design, text, photographs, graphic images and logos) are and will remain the exclusive property of the LOWELL company.
17. APPLICABLE LAW AND DISPUTE RESOLUTION
Sales under the present general terms and conditions are governed by Italian law and in particular by Legislative Decree No 206/2005 of 6 September, concerning the Consumer Code, with particular reference to regulations on distance contracts, as well as by Legislative Decree No 70/2003 of 9 April on some aspects of e-commerce.
All disputes arising from the interpretation, validity and/or performance of the present Terms and Conditions will be subject to the exclusive territorial jurisdiction of the Court of the place of residence or domicile of the Customer/Consumer.
For further information and assistance on the website or how to make online purchases, the Customer may contact LOWELL via the following form