LG CREATIVE LAB S.A.S. (limited partnership company), VAT ID 02725000968, with registered office in Italy, 20855 Lesmo (MB), Via XXV Aprile No. 10, represented by its legal representative (hereinafter also referred to as "LG LESMO"), makes available to all users the possibility to purchase through the Internet on the websites www.lg-lesmo.it, www.lglesmo.com, www.lglesmo.es (and subdomains www.lg-lesmo.it/shop/, www.lglesmo.com/shop/) its products (hereinafter also referred to as "Products") and services (hereinafter also referred to as "Services") under the LG LESMO® brand.
1.1. Unless otherwise specified, these general terms and conditions of sale ("General Conditions") exclusively govern the distance selling via the web of the Products and Services as identified and listed on the websites www.lg-lesmo.it, www.lglesmo.com, www.lglesmo.es (and subdomains www.lg-lesmo.it/shop/, www.lglesmo.com/shop/) (hereinafter individually or collectively and interchangeably defined as the "Site" or "Sites"), in compliance with the provisions of Legislative Decree No. 206/2005 and subsequent amendments (Consumer Code), and Legislative Decree No. 70/2003 and subsequent amendments (regulation concerning Electronic Commerce), as amended by Legislative Decree No. 26/2023.
1.2. These conditions apply exclusively to contracts concluded with consumers, as identified under Article 3 letter a) of the Consumer Code, meaning "the natural person who is acting for purposes unrelated to any business, trade, craft, or profession carried out"; otherwise, for Professional Customers, as identified under Article 3 letter c) of the Consumer Code, meaning "the natural or legal person who is acting in the exercise of their business, trade, craft, or profession, or an intermediary thereof," specific dedicated sales conditions on the Site shall apply.
1.3. Without prejudice to the possibility for LG LESMO to modify these provisions at any time, in case of variations in these General Conditions, the General Conditions published on the Site at the time of sending the Order by the Customer (hereinafter "Customer") shall apply to the purchase order.
CONTRACT SUBJECT MATTER
2.1. With these general terms and conditions of sale, LG LESMO sells and the Customer remotely purchases the Products and Services with their respective Prices as presented on the relevant Site.
2.2. The contract is concluded via the internet, by accessing the Site and following the purchase order procedure provided on the website.
2.3. Purchase contracts concluded on the Site concerning the Products and Services (hereinafter also referred to as "Purchase Contracts" or simply "Contracts") are entered into with LG CREATIVE LAB S.A.S.
2.4. By ticking the box "I have read the information on data processing," the Customer acknowledges having read and understood the information on the processing of their personal data.
2.5. By ticking the box "I consent to processing for commercial and promotional purposes as per the information on the processing of personal data," the Customer acknowledges having read and understood the information on the processing of their personal data.
2.6. The Customer agrees to review these general terms and conditions of sale before confirming their order, in particular, the pre-contractual information provided by LG LESMO, and to accept them by checking the appropriate box.
2.7. By checking the box "I accept the General Terms and Conditions of Sale" at the moment of confirming your order on the Site, the Customer acknowledges having read and unconditionally accepting these Sales Conditions.
2.8. In the order confirmation email, the CUSTOMER will receive a copy of these Sales Conditions, which are also always available on the website, as provided by Article 51, paragraph 1 of Legislative Decree No. 206/2005 and subsequent amendments.
PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER
3.1. Pursuant to Article 49 of the Consumer Code, before the conclusion of the purchase contract, the Customer is provided with the opportunity to know the characteristics of the goods at the time of selection, and in particular, is informed of:
3.1.1. The quality and characteristics of the Products:
126.96.36.199. Made of real wood (solid, laminated, and strip), with real wood veneer;
188.8.131.52. Finished with a mixed water/solvent coating process;
3.1.2. The type of product:
184.108.40.206. Outlet product, meaning a non-customized product, whose origin (stock, display, etc.) and conditions are indicated in the "Technical Specifications" sheet on each product page (usually marked with a yellow label on the Site);
220.127.116.11. Customized product, meaning made to order and personalized according to the specific Customer's requests (finishes, processes to be carried out, and additional preferences among those indicated on the Site or others).
3.1.3. The total price of the goods, including taxes and additional charges, with a breakdown of shipping costs and any other foreseeable costs;
3.1.4. Payment methods;
3.1.5. Exclusion of customs fees;
3.1.6. Exclusion of the right of withdrawal for customized and made-to-order products;
3.1.7. The existence of legal warranty for conformity of goods, digital content, and digital services, to the extent applicable;
3.1.8. Functionality of goods with digital elements, digital content, and digital services, including applicable technical protection measures, if applicable; 3.1.9. Any relevant compatibility and interoperability of goods with digital elements, digital content, and digital services that LG LESMO is aware of or can reasonably be expected to be aware of, if applicable.
3.2. From the moment the Customer connects to the Site and before concluding the contract, the Customer is provided with all information concerning LG LESMO by simply scrolling down the webpage (footer) where the following data is provided:
LG CREATIVE LAB S.A.S. Registered Office: Italy, 20855 Lesmo (MB), Via XXV Aprile No. 10 VAT ID 02725000968 - Chamber of Commerce Registration: MB - 1542757 Phone: 039.6064996 - Email: firstname.lastname@example.org
4.1. Purchase Orders, except in exceptional cases of authorized necessity by LG LESMO, can only be concluded through the online order procedure available on the website.
4.2. The Customer successfully completes the order procedure if the Site does not display any error messages.
4.3. The system cannot detect errors in the data entered by the Customer in the fields dedicated to billing and shipping addresses, for which LG LESMO cannot be held responsible.
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
5.1. The Purchase Contract shall be deemed concluded between LG LESMO and the Customer upon the Customer's receipt of an email (hereinafter also referred to as "Order Confirmation" or "Confirmation") or a WhatsApp message through the communications provided during the purchase. At that point, the order shall be deemed accepted by LG LESMO.
5.2. The Confirmation will contain a summary of the placed order, including estimated delivery times for the Products, Delivery costs, and any additional related Services requested by the Customer.
5.3. The Customer agrees to verify the accuracy of the data entered during the purchase phase and also upon receiving the Order Confirmation with the utmost care.
5.4. The Order Number communicated by LG LESMO must be used by the Customer in all communications with the company.
5.5. LG LESMO is committed to describing and presenting the Products on the Site in the best possible way, while noting that there might be some differences compared to the actual Product.
5.6. The Customer acknowledges that the renders and photographs of the Products presented on the website do not constitute a contractual element but are purely illustrative.
6.1. At the time of placing the Order, the Customer reviews and selects the preferred payment method among those available.
6.2. Customer payments can only be made according to the methods indicated on the Site and available at the time of purchase, including, but not limited to, payment via bank transfer and credit card.
7.1. All Prices of Products indicated on the Site include VAT, the amount of which is detailed in the cart and final summary.
7.2. Delivery charges and those related to additional associated Services, as indicated in subsequent articles of these General Conditions, are the responsibility of the Customer.
7.3. Any customs fees, which cannot be calculated in advance and are quantified by the competent border authorities, remain solely the responsibility of the Customer, even in cases of Product return to LG LESMO. 7.4. Similarly, additional costs resulting from unsuccessful delivery attempts attributable to non-appearance at the provided address or the provision of an incorrect or outdated address will be solely the responsibility of the Customer. 7.5. The Products and Services are subject to the Price indicated on the Site at the time of sending the Order, without any consideration of previous offers or any subsequent Price changes.
7.6. In the event of a computer, manual, technical, or any other type of error that leads to a substantial change, not anticipated by LG LESMO, in the public sale price, making it either excessive or clearly negligible, the purchase order will be considered invalid and canceled, and the amount paid by the Customer will be refunded, or if of interest to the Customer, a coupon of at least the same amount will be issued.
8.1. Except for the case specified in Article 9, LG LESMO will arrange delivery to the address indicated by the Customer (hereinafter "Delivery Service" or simply "Delivery"), opting at its discretion for either a specially appointed courier or LG LESMO's personnel.
8.2. The Customer is required to check that the packaging is intact and clean and that the Products and Services correspond to what is stated in the Order.
8.3. In the case of visibly defective quality and/or quantity and/or integrity of packaging for a Product and/or Service, LG LESMO asks the Customer to report these anomalies on the transport document by adding the wording "WITH RESERVE" and to immediately contact the company using the contact information provided on the website.
8.4. At the time of Delivery, the presence of the Customer or a trusted person designated by the Customer is always required.
8.5. Costs resulting from unsuccessful delivery attempts attributable to non-appearance at the provided address and/or the provision of an incorrect or outdated address will be solely the responsibility of the Customer.
8.6. During the Order completion phase, the estimated delivery date will be indicated, which is indicative only: the scheduling of the delivery by internal personnel or the handover of the Products to the Courier remain entirely at LG LESMO's discretion, and the company cannot be held responsible for any changes duly communicated to the Customer.
8.7. The Customer declares to release LG LESMO from any liability for delays caused by unforeseen events, acts, deeds, and circumstances at the time of concluding individual Purchase Contracts, which are inevitable and beyond their control (including but not limited to vehicle breakdowns, strikes, riots, natural disasters, administrative and official restrictions of any nature that limit business activity and/or circulation, pandemics, etc.). LG LESMO will make every reasonable effort to fulfill the obligations assumed and stipulated in the Purchase Contract in such uncontrollable situations. In these circumstances, LG LESMO will promptly communicate a new deadline to the Customer for the Delivery.
8.8. The Customer acknowledges being informed that deliveries performed by LG LESMO personnel:
8.8.1. are cumulative; 8.8.2. include delivery to the designated floor, unpacking of the product, demonstration of its use, and the possible assembly of the "extension cord holder"; 8.8.3. take place on Saturdays and only exceptionally on other days.
8.9. The Customer acknowledges being informed that deliveries made by the courier appointed by LG LESMO:
8.9.1. do not include delivery to the designated floor, and therefore, the presence of at least two persons during receipt is recommended; 8.9.2. do not include any additional, collateral services not explicitly included in these sales conditions or on the Site at the time of the Order. Therefore, LG LESMO provides telephone assistance for proper unpacking of the product by contacting the number 349.9501473; 8.9.3. are always required to verify that the packaging is intact and clean and that the received Products correspond to what is stated in the Order; 8.9.4. at the time of delivery, the presence of the Customer or a trusted person designated by the Customer is always required; 8.9.5. is always required to inform LG LESMO in advance:
18.104.22.168. if the Delivery is to occur in areas with restrictions and/or prohibitions - for example, restricted traffic zones, pedestrian zones, etc. - or areas that require specific transit authorizations (and, unless otherwise agreed, to request them on behalf of LG LESMO); 22.214.171.124. if boats or other special vehicles are required to complete the delivery;
126.96.36.199. if the distance between the unloading point and the destination property for the purchased Products exceeds 100 (one hundred) meters. 188.8.131.52. if the destination property for the purchased Products lacks an elevator, hoist, or otherwise a staircase and/or doors with dimensions and capacity suitable for the passage and lifting of the Products themselves.
8.10. The Customer acknowledges being informed that, nevertheless:
8.10.1. in the case of shortages or visible defects in the Products in the Packaging, they must report these anomalies on the transport document by adding the wording "WITH RESERVE" and immediately contact LG LESMO using the contacts provided on the Site; 8.10.2. if the Customer is not present at the specified location and time of delivery, the delivery will be rescheduled with additional costs borne by the customer, the amount of which may vary depending on the delivery method (by internal personnel or courier) and the distance range; 8.10.3. if the Customer fails to provide LG LESMO with the information mentioned in the previous Article 8.9.5 or otherwise fails to be ready to receive the Products, the delivery will not be made, and the Customer will be charged any additional and unforeseen expenses arising from it. 8.10.4. in the cases described in the previous Article 8.9.5, additional costs will be charged to the Customer.
9.1. Alternatively to the previously outlined provisions (Article 8), the Customer may choose to personally pick up the product at LG LESMO's production facility.
9.2. In this case, the Customer must express their preference during the purchase phase and arrange their visit to the following address by contacting the dedicated line: Italy, 23871 Lomagna (LC), Via Donatori di Sangue Snc; phone: 039.6064996 (from 09:00 to 18:00) - email: email@example.com.
RIGHT OF WITHDRAWAL (FOR OUTLET PRODUCTS) AND EXCLUSION (FOR CUSTOMIZED PRODUCTS)
10.1. In accordance with current legal provisions and as already defined in the preceding articles, if the Customer is a Consumer, they have the rights outlined in Articles 52 and subsequent of the Consumer Code and, therefore, the right to withdraw from the Purchase Contract (hereinafter referred to as "Right of Withdrawal") for any reason, without explanations and without any penalty, within 14 (fourteen) days from the date of receiving the products, according to the methods specified below.
10.2. The Withdrawal can concern all (Total Withdrawal) or only part (Partial Withdrawal) of the LG LESMO products purchased by the Consumer, provided that they are not personalized or custom-made for the Consumer. Refer to the provisions of the previous Article 3.1.2 and the subsequent Article 10.14 in this regard.
10.3. The Customer who intends to exercise the right of withdrawal must communicate it to LG LESMO through an explicit declaration (hereinafter also "Withdrawal Communication"), which can be sent - before the expiry of the Withdrawal Period as indicated above - by registered mail with return receipt requested to: LG CREATIVE LAB S.A.S. at the registered office: Italy, 20855 Lesmo (MB), Via XXV Aprile n. 10 or through an equivalent measure, such as certified email: firstname.lastname@example.org.
10.4. The Customer may also exercise the right of withdrawal by transmitting, through the aforementioned methods, the "standard withdrawal form," as per Annex I, Part B, Legislative Decree 21/2014 (non-mandatory), the text of which is provided below: Standard Withdrawal Form pursuant to Article 49, paragraph 1, letter h) (fill out and return this form only if you wish to withdraw from the contract) With this, I/we () hereby notify/notifies () the withdrawal 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 sent in paper version) Date (*) Delete as appropriate.
10.5. and subsequent articles of the aforementioned Consumer Code, LG LESMO will proceed to forward to the Consumer, via email, the Practice Number. This Number must be indicated by the Consumer at the time of returning the Product(s) (hereinafter also referred to as "Return").
10.6. The Return of the Product(s) must be carried out within 14 (fourteen) days from the date on which the Consumer communicated their decision to withdraw pursuant to Article 52 of the aforementioned Consumer Code. The above-mentioned term will be respected if the Consumer returns or delivers the Product(s) subject to Withdrawal before the expiration of the 14 (fourteen) days.
10.7. The Customer declares to be aware, having been informed by LG LESMO, and to accept that the return of the Products will be solely at their expense and under their full responsibility.
10.8. The Customer declares to be aware, having been informed by LG LESMO, of the need to ensure that the Product(s) subject to Withdrawal is/are intact and in normal storage condition, inserted in the original packaging, complete in all its parts (including packaging and accessory documentation).
10.9. The Return of the Product(s), for any reason, can only occur following specific agreement with LG LESMO regarding the timing, methods, and content of the shipment. Therefore, LG LESMO will not be responsible for any products returned to its premises without its prior authorization, reserving the right not to collect the relevant Products and returning them to the sender. 10.10. If the right of Withdrawal has been correctly exercised in accordance with Articles 52 and subsequent, subject to LG LESMO's right to verify the integrity and proper functioning of the returned products, LG LESMO will reimburse the Consumer the amount already paid, excluding Delivery and customs fees, within 14 (fourteen) days from the day the Products were returned.
10.11. Any customs fees, which cannot be calculated in advance and are quantified by the competent border authorities, remain solely the responsibility of the Customer even in the case of returning the Product to LG LESMO following the exercise of withdrawal.
10.12. LG LESMO, pursuant to Article 56 of the Consumer Code as amended, reserves the right to retain the refund until the Product(s) has/have been received.
10.13. The amount will be refunded via bank transfer, unless otherwise expressly agreed with LG LESMO.
10.14. In accordance with Article 59 of the Consumer Code, the right of withdrawal is lawfully excluded for products that are tailor-made and clearly personalized (as per the aforementioned Article 184.108.40.206).
11. LEGAL WARRANTY
11.1. The Customer, who is a Consumer according to the Consumer Code, has the right to avail themselves of the Legal Warranty provided in articles 128 to 132 against LG LESMO, limited to the Products and Services offered and sold by them. 11.2. This Warranty provides, among other things, that the Consumer, under penalty of forfeiture, reports any lack of conformity found in the purchased product to LG LESMO within 2 (two) months from discovery, and in any case, not later than 2 (two) years after the delivery of the product.
11.3. Following such a report and after LG LESMO's verification of the alleged non-conformity, the Customer will have the right to request a refund of the value of the Product at the time of the Order.
11.4. Alternatively, at their complete discretion, LG LESMO may choose to issue a coupon or, in specific circumstances, opt for the repair/replacement of the Product. 11.5. If a Customer wants to claim non-conformity under warranty, they shall return the Product to LG LESMO at their own expense, who will carry out the appropriate checks. If no non-conformity is identified in the Product, the Customer will be promptly informed and shall retrieve the Product at their own expense. If non-conformities are identified, LG LESMO will provide a refund of the value of the Product at the time of the Order, issue a coupon, or, in specific circumstances, proceed with the repair/replacement of the Product.
11.6. In the case of replacement or repair of the Product, the terms of the Legal Warranty applicable to it will be the same as those of the original Product, with no extensions. Therefore, the overall two-year duration of the Legal Warranty will start from the delivery of the original product.
11.7. The Customer acknowledges that in order to benefit from LG LESMO's Legal Warranty, they must necessarily provide proof of the purchase of the Product, allowing the company to carry out the necessary verifications.
LANGUAGE, VALIDITY, APPLICABLE LAW, AND JURISDICTION
12.1. These Terms and Conditions of Sale are written in the Italian language, the official language of the State to which LG LESMO belongs and the only valid one in case of discrepancies compared to any translations provided. 12.2. These Terms and Conditions of Sale consist of all the clauses that compose them.
12.3. If one or more provisions of these Conditions should subsequently be deemed invalid or declared as such under the law, usage, or as a result of a decision by a competent judicial or administrative authority, the other provisions will continue to have full force and effect.
12.4. These Terms and Conditions of Sale and the relationship between the parties are exclusively governed by Italian law.
12.5. Any dispute that cannot be solved amicably will be subject to the exclusive jurisdiction of the court of the place of residence or domicile of the Customer, if located within the territory of the State.
12.6. In any case, it is possible to optionally resort to the mediation procedures provided by Legislative Decree no. 28/2010 for the resolution of any disputes arising from the interpretation and execution of these Terms and Conditions of Sale.
12.7. According to Article 141-sexies, paragraph 3 of the Consumer Code, it is informed to the User who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code, that in the event they have submitted a complaint directly to the Company, and it was not possible to resolve the dispute, they may contact the Alternative Dispute Resolution (ADR) body or bodies for the out-of-court resolution of disputes relating to obligations arising from the contract concluded under these General Conditions of Sale (as referred to in Articles 141-bis and following of the Consumer Code).
12.8. In particular, it is noted that a European platform for online dispute resolution for consumer disputes (the so-called ODR platform) has been established. The ODR platform, accessible at the following address http://ec.europa.eu/consumers/odr/, provides the consumer User with a list of ADR bodies and their links to websites where an online dispute resolution procedure involving them can be initiated.
12.9. In any case, the consumer User retains the right to bring the dispute arising from these General Conditions of Sale before the competent ordinary judge, regardless of the outcome of the out-of-court settlement procedure. Moreover, if the prerequisites are met, the consumer User also has the option to pursue an out-of-court settlement of disputes related to consumer relationships by resorting to the procedures provided for in Part V, Title II-bis of the Consumer Code, in compliance with the respective prerequisites and limitations.
12.10. If the User resides in a European Union Member State other than Italy, they may also access, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, the European procedure established for small claims by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute, excluding interests, rights, and expenses, does not exceed €2,000. The text of the regulation is available on the website www.eur-lex.europa.eu.
PERSONAL DATA PROCESSING
13.1. The User's data on the Site are processed by LG CREATIVE LAB S.A.S., VAT number 02725000968, in compliance with the provisions of the legislation on the protection of personal data, as specified in the Privacy and Cookie policies available on the Site.
14.2. The User using the Site on behalf of a company, organization, or entity represents that entity and declares to have:
14.2.1. read these Terms;
14.2.2. understood these Terms.
14.3. This Site, along with its associated Products and Services, is the exclusive property of LG LESMO.
14.4. The visual interfaces, photos, renders, graphics, design, compilation, information, codes, products, software, services, and all other elements of the Service provided by LG LESMO (hereinafter, "Materials") are protected under the current laws safeguarding intellectual property rights, particularly copyright and registered trademarks regulations.
14.5. Except as expressly provided or specifically agreed upon in writing, these Terms do not grant a license for these Materials or for LG LESMO's intellectual property rights, and the sale, licensing, distribution, copying, modification, transmission, publication, printing, adaptation, creation of derivative works, or any other unauthorized use thereof is prohibited.
14.6. The information provided by LG LESMO on this Site is intended for personal use only. The use of automated information retrieval systems from this Site for commercial purposes (screen scraping) is prohibited.
14.7. Any unauthorized use of the Site and Materials constitutes a breach of these Terms.
14.8. The User declares that the content they select and use on LG LESMO's Site does not violate mandatory laws, public order, and good manners, recognizing that all information, photographs, images, or any other material sent for processing/printing are solely their own responsibility.
14.9. The User also declares that they are the owner of the rights related to the content they request reproduction of, or in any case, possess the legitimate owner's proper authorization. 14.10. In particular, the User undertakes not to use LG LESMO's reproduction service to print:
14.10.1. unlawful, harmful, underage, abusive, harassing, defamatory, and/or slanderous content, vulgar, obscene, pornographic, infringing on others' privacy, racist, classist, or otherwise reprehensible content;
14.10.2. content that they are not entitled to transmit or distribute by law, contract, or due to a fiduciary relationship;
14.10.3. content that violates patents, trademarks, copyrights, advertising rights, or other industrial and/or intellectual property rights of third parties.
14.11. The User releases LG LESMO from any liability arising from the violation of the above obligations, the violation of the law, and provisions protecting copyright, as well as any content that may in any way be offensive or defamatory to third parties.
14.12. The Customer undertakes to indemnify LG LESMO, its employees, and collaborators from any claim, demand, or dispute, including any expense and burden, arising from the use of the service by the customer.