1. Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

Seller: Piazza Affari s.n.c. di Lunardi Nicola, Tax Code and VAT No. 02192410237, with registered office at Via Camporosolo, 11A, 37047 San Bonifacio (VR), Italy, email info@lazzarionline.com, certified email (PEC) piazza.affari@pec.it, tel. +39 045 7614582;

Website or Site: the web portal located at the domain lazzarionline.com;

User: the person who accesses the Site, browses it and may purchase Products online according to the procedures provided;

Professional: any person, including the User, who acts for purposes relating to their business, commercial, craft or professional activity;

Consumer: any person, including the User, who acts for purposes unrelated to any business, commercial, craft or professional activity carried out;

Services: the Electronic Commerce services made available to Users by the Seller through the Website, including, by way of example, the online purchasing procedure, the online catalogue, sales promotion services, the shopping cart and all other tools facilitating navigation of the Site, as well as services ancillary or otherwise related to the sale of a Product and any other activity carried out by the Seller through the Site;

Registration Form: the form available on the Site through which the User creates an account; where registration is not required, the provisions relating to registration shall apply, insofar as compatible, to purchases made without registration;

Credentials: the authentication system used by the User to access their account on the Site, by entering their email address and a one-time code sent to the email address associated with the account;

General Conditions: these General Terms and Conditions of Contract governing the sales relationship between the Seller and its customers;

Products: the products sold through the Site by means of Electronic Commerce;

Order: the purchase proposal submitted by the User through the procedures available on the Site;

Cart: the stage of the purchasing process in which the User formulates their purchase proposal by selecting the Product, payment method, delivery method and other relevant details;

Electronic Commerce: a method of trading governed in Italy by the Consumer Code and the e-commerce legislation, whereby the parties enter into a distance contract through information society services, in particular the internet, without being physically and simultaneously present. Delivery of the Products therefore generally takes place through third-party carriers or shipping operators;

Consumer Code: Italian Legislative Decree No. 206 of 6 September 2005, as subsequently amended and supplemented;

E-commerce Decree: Italian Legislative Decree No. 70 of 9 April 2003, as subsequently amended and supplemented;

Privacy Code: Italian Legislative Decree No. 196 of 30 June 2003, as subsequently amended and supplemented;

Privacy Notice: the privacy notice drawn up pursuant to Articles 13 and 14 of EU Regulation 2016/679 (GDPR) and the applicable Italian privacy legislation.

2. Application of these General Conditions

These General Conditions govern the Services offered by the Seller to Users through the Website.

Through these General Conditions, the Seller intends to inform Users of their rights arising from the contractual relationship and under the Consumer Code, the e-commerce legislation, EU Regulation 2016/679 and the Privacy Code. The Privacy Notice is available at the following LINK.

The User accepts these General Conditions, insofar as applicable, when continuing to browse the Site.

The User shall be required to accept these General Conditions when completing the ordering procedure.

3. Purpose

The Site offers consumer goods for sale and provides related services through Electronic Commerce.

The Seller is the owner of the Site and, unless otherwise expressly stated, the sales and/or service relationship entered into through the Site is exclusively between the User and the Seller.

Any relationships or transfers of data involving third parties shall be indicated on the Site and, where appropriate, in these General Conditions.

4. Registration

Registration consists of opening an account and may be carried out at any time.

To register, the User must follow the procedure available on the Site.

The User guarantees the completeness, correctness and truthfulness of the data provided.

The User guarantees that they are of legal age and have legal capacity, meet the requirements applicable at the time of registration or ordering, are legitimately entitled to use the data entered and comply with all legal and contractual provisions applicable to the relationship with the Seller.

The Seller reserves the right not to accept a registration request or Order, and to restrict or terminate a User account in the event of abuse, irregularity, improper conduct or similar circumstances.

All personal data provided by Users shall be processed in accordance with EU Regulation 2016/679 (GDPR) and applicable privacy legislation.

5. Use of social profiles

As an alternative to the procedures described above, the Site may make available a registration procedure using an existing social network profile.

Where applicable, the rules governing registration set out above shall also apply to this type of registration insofar as compatible.

6. Products

The Site carries out retail sales by means of Electronic Commerce, primarily offering clothing, bags, shoes and other accessories.

Products and offers published on the Site shall remain available and valid for as long as they remain online.

Information concerning the characteristics of the Products is provided on the relevant product pages.

The User must pay particular attention when selecting the size of a Product and should consult the “sizes and measurements” information available on the relevant product page.

7. Price

Prices are indicated on each product page at the time of the Order and, unless otherwise stated, refer to a single Product.

Any additional costs, including shipping costs and other ancillary expenses, as well as applicable taxes, shall be indicated during the ordering process.

For deliveries within the European Union, prices include VAT in accordance with the applicable rate.

For deliveries outside the European Union, customs duties and other taxes or charges relating to the importation of the Products into the destination country shall be borne by the User unless otherwise stated.

8. Purchase procedure and conclusion of the sale

The User may purchase Products offered for sale on the Site and described on the relevant product pages.

Publication of Products on the Site constitutes an invitation to the User to submit a contractual purchase proposal.

To conclude the purchase procedure, the User must complete the electronic Order form and submit it to the Seller following the instructions provided on the Site.

The Order procedure contains a reference to these General Conditions, which also include information regarding the right of withdrawal.

The Order is considered submitted when the User confirms it through the appropriate function on the Site.

Acceptance of the Order by the Seller takes place through the sending of an Order confirmation email to the email address provided by the User.

The sales contract is concluded when the User receives the Seller's Order confirmation.

9. Payment methods

The User must pay the price of the Products, applicable taxes and any ancillary costs using one of the payment methods available on the Site.

The payment methods available are those indicated on the Site at the time the Order is placed.

These may include, by way of example, credit or debit cards, PayPal, other electronic payment methods and, where available, cash on delivery.

10. Non-payment

Products shall not be delivered before payment of the total amount due, except where cash on delivery is expressly available.

11. Order fulfilment and delivery

Orders shall be processed within the timeframes indicated on the Site.

When an Order is shipped, the Seller shall send a communication containing, where available, the shipment tracking link.

Products shall be delivered to the address provided by the User when placing the Order.

If the User or the designated recipient is absent at the time of delivery, the Products must be collected or redelivery arranged according to the carrier's instructions.

If the Products are not collected within the period indicated by the carrier, they may be returned to the Seller.

In the event of delays, damage, total or partial loss or other delivery problems, the User is invited to contact the Seller promptly.

If the delivered Products show anomalies attributable to transport, the User is invited to notify the Seller promptly and, where possible, provide photographic evidence.

12. Guarantees

Sale from Professional to Consumer (B2C)

Legal guarantee of conformity

Where the buyer qualifies as a Consumer, they benefit from the legal guarantee of conformity provided for by Articles 128 et seq. of the Italian Consumer Code.

The Seller is required to deliver Products that conform to the sales contract.

A Product is in conformity with the contract where, as applicable, it corresponds to the description, type, quantity and quality provided for in the contract, has the characteristics that a Consumer may reasonably expect from goods of the same type and is suitable for the purposes for which goods of the same type are normally used.

Where provided for by law, the characteristics described on product pages, labels, advertising and other public statements made by the Seller, manufacturer or other persons in the commercial chain shall also be relevant.

The legal guarantee of conformity covers defects of conformity existing at the time of delivery of the Product and does not cover deterioration or damage arising after delivery as a result of normal wear and tear, improper use of the Product, negligence, accidents, tampering or failure to comply with the instructions concerning use, washing, cleaning, storage or maintenance stated on the Product or its labels.

Phenomena such as pilling, colour fading, abrasion, deformation or other alterations of the Product shall be assessed taking into account the nature of the Product, the manner in which it has been used and the applicable washing and maintenance instructions, in order to distinguish any original defects from deterioration resulting from use, normal wear and tear or incorrect maintenance.

The legal guarantee remains fully applicable where such phenomena are attributable to a lack of conformity existing at the time of delivery.

Consumer rights

In the event of a lack of conformity, the Consumer is entitled, in the first instance, to have the Product brought into conformity by repair or replacement, free of charge, under the conditions provided for by the Consumer Code.

The Consumer may choose between repair and replacement unless the remedy chosen is impossible or, compared with the alternative remedy, would impose disproportionate costs on the Seller.

In the circumstances provided for by law, the Consumer is entitled to a proportionate reduction in the price or termination of the sales contract.

Terms

The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Product and becoming apparent within two years from that time.

The Consumer's action to enforce defects of conformity that have not been fraudulently concealed by the Seller is subject to a limitation period of twenty-six months from delivery of the goods.

The Consumer may report any lack of conformity to the Seller at the following addresses:

Piazza Affari s.n.c. di Lunardi Nicola
Via Camporosolo, 11A
37047 San Bonifacio (VR), Italy
Email: info@lazzarionline.com
Certified email (PEC): piazza.affari@pec.it
Tel. +39 045 7614582

For further information regarding rights under the legal guarantee of conformity, please refer to the official Harmonised Notice on the Legal Guarantee of Conformity.

Product warranty

The Products comply with the applicable information requirements concerning their composition and with other applicable legislation.

13. Right of withdrawal

In the case of B2C sales, pursuant to Articles 52 et seq. of the Consumer Code, the Consumer has the right to withdraw from the contract for the purchase of Products without giving any reason and without any penalty within 14 (fourteen) calendar days.

The withdrawal period expires 14 (fourteen) days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the Product.

The right of withdrawal is excluded in the cases provided for by Article 59 of the Consumer Code, including, where applicable:

• the supply of goods made to the Consumer's specifications or clearly personalised;
• the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.

The right of withdrawal may be exercised through the electronic function available on the Site on the Returns and Exchanges page, following the procedure indicated there, or by sending a communication to the email address indicated on the Site.

Once the Consumer has informed the Seller of their decision to withdraw from the contract, the Consumer must return or send back the Product without undue delay and, in any event, within 14 (fourteen) days from the date on which the Consumer communicated their decision to withdraw.

The deadline is met if the Consumer sends back the Product before the 14-day period has expired.

The Product must be returned suitably packaged and, where applicable, with all original tags, labels and related documents, together with any accessories contained in the original packaging at the time of receipt.

The Products, original packaging and related accessories must not show signs of use or alteration incompatible with a normal fitting or inspection of the Product and must be returned in the same condition in which they were delivered to the Consumer.

Where the Product has been shipped with a security seal designed to allow the Consumer to try on the garment without removing it, the Consumer is advised not to remove the seal if they intend to exercise the right of withdrawal.

If a Product is returned without the security seal, or with the seal removed or damaged, the Seller shall examine the condition of the returned Product.

In any event, Products showing clear signs of wear, damage, alteration or use incompatible with a normal fitting may not be accepted for return or refunded, including, by way of example, stained garments, Products that have clearly been worn, Products without labels or tags, or Products returned without the original packaging where such packaging was present at the time of delivery.

Following a careful assessment of the condition of the returned Product, the Seller reserves the right, as an alternative, to grant a partial refund proportionate to the reduction in value identified, pursuant to Article 57(2) of the Consumer Code.

In such circumstances, the amount to be refunded shall be communicated to the Consumer following inspection of the Product.

The legal guarantee of conformity shall in all cases remain applicable where any damage, alteration, deterioration or other anomaly affecting the Product is attributable to an original defect existing at the time of delivery.

Instructions for making a return and obtaining a return shipping label are available on the Returns and Exchanges page.

The direct costs of returning the Product, including any insurance costs, shall be borne by the Consumer, unless otherwise expressly stated on the Site, a more favourable condition applies, or a different arrangement has been agreed in advance with the Seller.

If the Consumer uses the return shipping label made available by the Seller through the procedure described on the Returns and Exchanges page, the applicable cost shall be the amount stated on that page at the time the return is requested and shall be deducted from the amount due to the Consumer as a refund.

The risks associated with transporting the Product back to the Seller shall be borne by the Consumer, within the limits provided for by applicable law.

Once the returned Product has been received, the Seller shall inspect its condition and process the return.

The refund shall then be made, unless otherwise agreed, using the same payment method used for the original transaction, without undue delay and within the time limits provided for by applicable law.

Without prejudice to applicable law, the Seller may withhold the refund until the Product has been received or until the Consumer has supplied evidence of having sent it back, whichever occurs first.

Any costs incurred directly by the Consumer in returning the Product shall remain the Consumer's responsibility, unless otherwise expressly stated on the Site or agreed in advance with the Seller.

Any initial delivery costs shall remain refundable where and to the extent required by applicable law in connection with the exercise of the right of withdrawal.

Where applicable, exercise of the right of withdrawal terminates the parties' obligations arising from the contract, without prejudice to the obligations relating to the return of the Products, refunds and any other obligations provided for by applicable law.

14. Force majeure

In the event of force majeure, fulfilment of the Order shall be suspended.

Such suspension may last for a maximum period of 3 (three) months, after which the Seller may consider the Order automatically cancelled.

15. Industrial and intellectual property rights

The Site, the “LAZZARI” trademark and all intellectual and industrial property relating thereto are the exclusive property of the Seller.

Any partial or total reproduction, on any medium, of the elements forming part of the Site or catalogue, their use or transfer to third parties is prohibited.

16. Site and User security

The Seller aims to ensure that the Site can be used securely by all Users.

Users are prohibited from using the Site or Services for illegal, deceptive, malicious or discriminatory purposes or from taking any action that could compromise the proper functioning of the Site.

17. Express termination clause

The sales contract may be terminated by operation of law pursuant to Article 1456 of the Italian Civil Code in the circumstances provided for by these General Conditions.

In the event of non-payment of a cash-on-delivery Order, the Seller reserves the right to request reimbursement of the costs actually incurred for shipment and return of the Products, within the limits permitted by applicable law.

18. Invalidity or ineffectiveness of clauses

If any provision of these General Conditions is found to be invalid or ineffective, such invalidity or ineffectiveness shall not affect the remaining provisions.

19. Amendments to these General Conditions

The Seller reserves the right to amend these General Conditions at any time.

The contractual relationship shall be governed by the version of the General Conditions published on the Site at the time the User submits the Order.

20. Reference to applicable legislation

For matters not expressly governed by these General Conditions, the Consumer Code, Legislative Decree No. 70 of 9 April 2003, Legislative Decree No. 196 of 30 June 2003, EU Regulation 2016/679, the Italian Civil Code and any other applicable legislation shall apply.

21. Processing of personal data (Privacy)

The User is invited to read carefully the information on the processing of personal data provided pursuant to Articles 13 and 14 of EU Regulation 2016/679 (GDPR), applicable Italian privacy legislation and the information concerning the use of cookies available on the Site.

22. Applicable law

These General Conditions and the Services described herein are governed by Italian law, directly applicable European Union law and any international conventions having effect in the Italian Republic.

23. Complaints and alternative dispute resolution

Users may submit complaints to the following addresses:

Piazza Affari s.n.c. di Lunardi Nicola
Via Camporosolo, 11A
37047 San Bonifacio (VR), Italy
VAT No. 02192410237
Tel. +39 045 7614582
Certified email (PEC): piazza.affari@pec.it
Email: info@lazzarionline.com

For the out-of-court resolution of disputes arising from the contract, Consumers may, where applicable, use Alternative Dispute Resolution (ADR) procedures provided for under Part V, Title II-bis of the Italian Consumer Code and refer the dispute to the competent ADR bodies in accordance with applicable legislation.

The Consumer's right to bring proceedings before the competent courts remains unaffected.

24. Jurisdiction and competent court

Any dispute concerning the interpretation, performance or termination of these General Conditions shall be subject to the applicable rules on jurisdiction and territorial competence.

Where the User is a Consumer, the mandatory territorial jurisdiction of the courts of the Consumer's place of residence or domicile shall remain applicable in accordance with the Consumer Code.

Where the User is a Professional, the Court of Padua shall have exclusive jurisdiction, without prejudice to any mandatory jurisdiction provided for by applicable law.

25. Communications

Any communication between the Parties shall be considered valid and effective if sent to the contact details indicated in these General Conditions or to any subsequently updated contact details duly communicated to the other party.

PURSUANT TO ANNEX I OF THE CONSUMER CODE
pursuant to Article 49(1)(h)

(complete and return this form only if you wish to withdraw from the contract)

For the attention of:
Piazza Affari s.n.c. di Lunardi Nicola
Via Camporosolo, 11A
37047 San Bonifacio (VR), Italy
Tax Code and VAT No. 02192410237
Email: info@lazzarionline.com
Certified email (PEC): piazza.affari@pec.it
Tel. +39 045 7614582

NOTICE OF EXERCISE OF THE RIGHT OF WITHDRAWAL

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/services (*) — ordered on (*)/received on (*) —

Name of consumer(s)
Address of consumer(s)

Signature of consumer(s) (only if this form is submitted on paper)
Date

(*) Delete as appropriate