The offer and sale of products made on the website www.live-design.it are governed by these General Conditions of Sale in accordance with the provisions of Legislative Decree No. 206/2005 of the Consumer Code, and subsequent amendments. The Customer is required, before submitting his purchase order, to carefully read the following General Conditions of Sale; the forwarding of the purchase order implies full knowledge and acceptance of both the General Conditions of Sale and what is indicated in the Order Form.
Once the online purchase procedure has been completed, the Customer is required to print and keep the General Conditions of Sale and the Order Form.
GEROSA DESIGN srl Tax Code 01550060154, VAT no. 00717110969 with registered office in Via Cairoli, 17 – 20851 Lissone (MB) and operational headquarters in Como, Lungo Lario Trento, 17 and registered with the Monza and Brianza Chamber of Commerce, registration number REA MB-857029, is the owner of the site https://www.live-design.it
GEROSA DESIGN srl is the official authorized dealer of all the Brands on the website www.live-design.it.
These general conditions of sale have as their object the purchase of products carried out remotely by means of a telematic network through the website www.live-design.it
The products are sold directly by GEROSA DESIGN srl C.F. 01550060154, VAT no. 00717110969 with registered office in Via Cairoli, 17 – 20851 Lissone (MB) and operational headquarters in Como, Lungo Lario Trento, 17 and registered with the Monza and Brianza Chamber of Commerce, registration number REA MB-857029, which is the owner of the site https://www.live-design.it.
The products are sold to the Customer identified by the data entered when completing and sending the Order Form in electronic format.
3. AVAILABILITY OF PRODUCTS
The availability of the products refers to that present at the moment in which the Customer consults the site and the product sheet which must be considered merely indicative because, due to the simultaneous presence on the site of other users, the products could be sold to others before of the order confirmation.
Even after sending the order confirmation e-mail by GEROSA DESIGN srl, there may be cases of partial and / or total unavailability of the goods; In this case, the customer will be informed by e-mail and / or by telephone within 48 hours.
All sales prices of the products displayed and indicated on the website, which constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are expressed in Euro and include VAT.
Shipments outside the European Community (non-EU) are also net of any customs duties, which will be charged to the recipient and will be requested by the shipper during delivery.
Unless otherwise communicated during the purchase process, the shipping costs are not included in the purchase price, but are indicated and calculated at the time the purchase process is concluded before payment is made.
5. ORDER OF PRODUCTS
The essential characteristics and prices of the products are shown in the offer for each product.
The technical and functional characteristics relating to the Products, published by GEROSA DESIGN srl on the internet pages describing the articles, are those communicated by the respective manufacturers. GEROSA DESIGN srl assumes no responsibility for the truthfulness and completeness of such information. The images of the products on the website www.live-design.it are indicative and not binding, and do not constitute a contractual element, as they are only illustrative and representative. The Customer is responsible for the choice of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated by each manufacturer.
No responsibility is assumed for any printing errors and GEROSA DESIGN srl reserves the right to make changes, even in prices, without notice, if special contingencies make it indispensable. The CUSTOMER accepts the right of GEROSA DESIGN srl to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated at the time the order is created and indicated in the confirmation email sent by Gerosa Design srl to the customer.
Before concluding the purchase contract, the customer examines the characteristics of the goods that are illustrated in the individual product sheets or in the catalog at the time of the customer’s choice.
To purchase the products, the Customer must complete and send the Order form in electronic format to Gerosa Design by following the instructions contained on the site. The Customer must put the product in the cart and, after having read the General Conditions, must select the desired payment method and choose the Send order option. By sending the order, the Customer acknowledges and declares to have read all the information provided to him during the purchase process and to fully accept the General Conditions of Sale.
Gerosa Design reserves the right to evaluate the acceptance of orders received. Gerosa Design will notify the Customer of any inability to accept the order received within 48 hours from the business day following the one on which the Customer sent the order and will refund any expenses already paid by the Customer.
6. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
The sale is considered concluded with the sending, by GEROSA DESIGN srl to the Customer, of an e-mail confirming the order. The e-mail contains the details of the customer and the order, the price of the goods purchased, the transport costs and the shipping address to which the goods will be sent.
GEROSA DESIGN srl reserves the right not to confirm an order for any reason relating to, in particular, a problem regarding the order received or the supply of products.
7. METHOD OF PAYMENT
To ensure maximum security for its customers, GEROSA DESIGN srl relies on the experience of PayPal for the management of all transactions. Payment security is guaranteed by PayPal and the transaction takes place on a secure server.
During the payment phase, you will be temporarily transferred to the PayPal site for the compilation of the data necessary for the transaction in complete safety.
On the PayPal site you can pay in two ways:
a) Visa or Mastercard credit card (no registration to PayPal services is required)
b) PayPal (the availability of a PayPal account is required)
By filling in the appropriate space, the Customer authorizes Gerosa Design Srl to debit the total amount of the Order on the credit card or PayPal account indicated.
At the end of the payment, you will be transferred back to the Site to view the order summary.
In addition to this payment method (credit card via paypal circuit) it is possible to proceed with the order by bank transfer.
The material supplied remains the property of Gerosa Design srl until full payment of the order.
Payment deadline: 30 days, after which the order will be canceled.
8. METHOD OF DELIVERY
or each order placed on the website www.live-design.it, Gerosa Design Srl will issue an invoice for the purchased material, sending it by e-mail to the order holder. For the issue of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.
Delivery costs are charged to the Customer, subject to any conditions for which delivery costs are offered, explicitly highlighted at the time of placing the order.
No responsibility can be attributed to Gerosa Design srl for delayed or non-delivery due to force majeure or unforeseeable circumstances. The delivery of what is ordered means at street level unless otherwise communicated.
For our shipments we rely on the service of qualified express couriers such as DHL, TNT, or couriers specialized in the delivery of furniture and furnishings to ensure the quality of the service and the integrity of the Products.
The delivery of products available in stock or in stock in the showroom is made by courier within 10 working days.
For products not available in stock, the average delivery time is 50 days. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or compensation of any kind.
The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed: the customer is therefore required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged or altered.
Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately notified, by placing a written reservation (specifying the reason for the reservation) on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered.
In case of non-collection within 5 working days of the material present in storage at the courier’s warehouses due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the order will be returned to the warehouses of Gerosa Design srl with charge to the Customer of the storage costs charged by the courier.
Gerosa Design assumes no responsibility for inefficiencies attributable to force majeure that prevented, in whole or in part, from executing the contract within the agreed time frame and will not be liable to any party or third party for damage or loss and costs incurred as a result of the non-execution of the contract for the aforementioned causes, as the consumer is only entitled to a refund of the price paid.
Gerosa Design is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, and other means of payment, upon payment of the purchased products, given that at no time during the procedure of purchase is able to know the buyer’s credit card number which, through a secure connection, is transmitted directly to the banking service manager.
Any returns will not be accepted unless prior written agreement by us. In any case, these returns must be made carriage paid, in their original packaging and accompanied by the initial invoice with a return note indicating the reason for the return. If the return is due to an order error by the customer, an amount equal to 30% of the total invoice will be withheld as a refund of expenses. The amount already paid cannot be refunded and will give rise to a purchase voucher valid for one year from its date of issue. After this deadline, no deduction can be applied to subsequent orders. If there has been an error in the processing of the order by Gerosa Design and a product other than the one ordered has been delivered to the customer, the customer can request a replacement. In this case, the costs incurred for the return shipment will also be reimbursed.
11. RIGHT OF WITHDRAWAL
Pursuant to the Consumer Code, the consumer customer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 14 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to
Gerosa Design Srl
Via Cairoli, 17
20851 Lissone (MB)
or by telegram or fax always sent within the aforementioned period of 14 days and followed by a confirmation by registered letter with acknowledgment of receipt, MUST be sent within the following 48 hours. Once the aforementioned notice of withdrawal has been received, Gerosa Design srl will quickly communicate to the customer the instructions on how to return, which must be received by Gerosa Design srl within 14 days of authorization.
The goods must be returned intact, complete with all its parts and in the original packaging, kept and possibly used according to normal diligence, without any signs of wear or dirt.
The right of withdrawal applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product.
The purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc …); to limit damage to the original packaging.
The right of withdrawal cannot be exercised by the Customer in the event that the Products purchased have been made according to the Customer’s requests, or are customized products.
The shipping costs for returning the goods are charged to the customer; Furthermore, delivery costs to the customer and any other ancillary costs highlighted at the time of placing the order will not be reimbursed.
The shipment, until the certificate of receipt in the Gerosa Design srl warehouse is under the complete responsibility of the customer. Gerosa Design srl is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
Upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the package and / or the original packaging are damaged, Gerosa Design srl will deduct a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
Without prejudice to any repair costs for damage to the original packaging, Gerosa Design srl will refund the customer the full amount already paid, within a maximum period of 30 days from the return of the goods, by means of a reversal of the amount charged to the Credit card or by bank transfer. In the latter case, it will be the customer’s responsibility to promptly provide the bank details with the IBAN code on which to obtain the reimbursement (Current Account of the invoice holder).
For all products on the website www.live-design.it, purchased by the Consumer Customer, that is the natural person acting for purposes unrelated to the business or commercial activity carried out, the guarantee is valid provided that both conditions of indicated below:
– the defect occurs within 24 months from the date of delivery of the product;
– the Customer submits a complaint within 2 months from the date on which the defect was found.
In case of lack of conformity, Gerosa Design srl provides, at no cost to the customer, to restore the conformity of the product by repairing / replacing or reducing the price, until the contract is terminated with consequent refund of the price.
13. OBLIGATIONS OF THE CUSTOMER
The customer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in art. 3 and 4 of the Legislative Decree. 185/1999.
It is strictly forbidden for the buyer to enter false and / or invented data, or to make double registrations corresponding to a single person or to enter data of third parties. Gerosa Design srl, reserves the right to legally pursue any violation and abuse, and is not responsible for the issue of incorrect tax documents due to errors in the data provided by the Customer, as the Customer himself is solely responsible for the correct insertion.
14. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
Gerosa Design srl has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid. The obligations assumed by the customer referred to in art. 7 (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling, without prejudice to the right Gerosa Design srl, to take legal action for compensation for further damage.
In relation to the personal data provided by the Buyer, Gerosa Design srl informs the Customer of the following:
the data will be processed by the Seller exclusively for the purpose of fulfilling the obligations established by laws, regulations and community regulations and those deriving from the sales contract and / or from the execution of assistance / repair services, as well as in order to conduct any recall of products and meet your specific requests. By signing these General Conditions, you acknowledge and accept that the processing of your personal data is necessary to allow the Seller to pursue the purposes of this contract. Please note that the provision of your data is optional and that failure to provide it will have no consequence, other than the impossibility of pursuing the aforementioned purposes. The data will be processed using manual, IT or telematic tools, suitable for guaranteeing security and confidentiality. The Seller may also communicate the data to subsidiaries, parent companies, associated companies (including outside the European Union), to Public Administrations as well as to companies, entities or associations based in Italy or in the European Union, including subjects belonging to the sales and service network of the Seller. Such data, limited to your name, surname and address, may also be communicated to postal couriers. We inform you that the data – after obtaining your consent – may be used for marketing purposes, market research, promotional initiatives, monitoring and verification of data relating to sales and assistance / repair services. We remind you that you will have the right to obtain:
1. Confirmation of the existence of data concerning you and their communication in an intelligible form;
2. updating, rectification or, where interested, integration of data;
3. the cancellation, transformation into anonymous form or blocking of data processed in violation of the law;
4. The attestation that the above operations have been brought to the attention, also as regards their content, of those to whom the data have been communicated except in the case in which this fulfillment proves impossible and involves the use of means manifestly disproportionate to the protected right;
5. You will also have the right to object, in whole or in part, for legitimate reasons to the processing of data, even if pertinent to the purpose of the collection; to the processing of data for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
The data controllers are the Seller.
16. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to Italian law.
Any dispute arising from the conclusion of this distance sales contract, if the Customer is a consumer, will be subject to the exclusive jurisdiction of the Court of the CUSTOMER’s place of residence or domicile, if located in the territory of the State.
In all other cases, the territorial jurisdiction is exclusively that of the Court of Monza and Brianza.