Terms of sale
The following Terms and Conditions govern the offer and sale, together with the Privacy Policy, on the website www.johnnylambs.com (hereafter Site).
These General Terms and Conditions of Sale are drafted in accordance with the legislative provisions set forth in the Italian Civil Code, Legislative Decree No. 70/2014 regarding information society services and electronic commerce, the Consumer Code and governing the offer and sale of products through the website www.johnnylambs.com
Products marketed on johnnylambs.com are sold directly by Eurostep Commerce based in Montebelluna (TV), Via Feltrina Sud 192 31044, REA No. TV-407120, C.F. and P.Iva 04887580266.
Scope of application
The General Conditions of Sale apply to and govern all contracts of sale concluded through the Seller's Site, as identified above.
The General Terms and Conditions of Sale may be subject to change and each User is required to consult them before proceeding with any purchase. It is the User's responsibility to check the General Conditions of Sale before placing an order.
The Seller is never responsible for the supply of "Johnny Lambs" branded products by third parties that are given visibility on the Site through links, banners or other hyperlinks. Before confirming third-party orders, the User is required to check the Terms of Sale.
The General Terms and Conditions of Sale apply regardless of the nationality of the User, provided that the delivery of the products must take place in one of the countries for which the Site provides online sales service and that said country corresponds to the country of registration of the User. The Buyer may receive the products it has purchased at an address of its choice in the country of purchase (of the Site).
The purchase of products on the Site is reserved exclusively for individuals acting in their capacity as consumers who are 18 years of age or older.
A consumer is defined as any natural person acting for purposes unrelated to any commercial, entrepreneurial, handicraft or professional activity.
The regulatory framework in which Eurostep Commerce Srl operates does not require the issuance of an invoice (nor a receipt or tax receipt) to a consumer (not registered for VAT), according to Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter o) of Presidential Decree No. 696 of December 21, 1996 (as confirmed by Resolution No. 274/E of November 5, 2009) as an online seller.
The request for invoice issuance is possible no later than the time of placing the order under Article 22 Presidential Decree 633/1972.
Conclusion of the contract
These General Conditions of Sale are an integral and essential part of the contract of sale between the Seller and the User. The telematic submission of the order by the User implies full knowledge and full acceptance of these General Conditions of Sale and the Privacy Policy.
By transmitting the Order Form electronically, the buyer unconditionally accepts and undertakes to observe, in his dealings with the seller, the provisions set forth in these General Conditions.
If you disagree with any of the terms in the Terms and Conditions, please refrain from making purchases from the Site.
In order to proceed with the online purchase of one or more products, the User may register in advance on the Site or may conclude the purchase as a Guest User, providing the Seller, in compliance with the provisions on the protection of personal data, with all the data necessary to allow the latter to execute the orders placed.
To conclude its purchase contract, the User must transmit its order by following the procedure recalled on the Site. Sending the order electronically gives rise to the User's obligation to pay the indicated price.
To finalize the purchase, the User is required to confirm the payment of the price of the products placed in the shopping cart. Orders that do not record the corresponding transaction are automatically canceled.
When the User places an order, the User will receive an e-mail that contains confirmation of receipt of the order and a summary of the order: however, this communication will not constitute automatic acceptance of the order.
The Seller reserves the right to reject orders that are incomplete and incorrect or from users with whom there is an ongoing dispute regarding payment for a previous order.
In such eventualities, the User will receive a specifically reasoned rejection of the order by e-mail.
If the products presented on the Site are no longer available at the time of the last access to the Site or from the sending of the order, it will be the responsibility of the Seller to promptly notify the User and in any case within thirty (30) days from the day following the date of transmission of the order, the possible unavailability of the product ordered. In case of successful payment, the Seller will refund to the Buyer the sums paid by him and the contract will be considered terminated. The Seller shall not be required to refund any other amount, for any reason whatsoever, to the purchaser.
The Order Form contains a reference to these General Terms and Conditions of Sale and the Privacy Policy, as well as a summary of the essential characteristics of each product ordered and its price, the means of payment accepted and the method of delivery of the products purchased, the shipping costs, the conditions for exercising the right of withdrawal, and the manner and timeframe for returning the products purchased.
Users can, at any time, monitor the status of their order by consulting Customer Service via the appropriate link/section or by logging into their personal area.
Product features
Only original products are offered for sale on the Site.
The products placed for sale through the Site are women's clothing and accessories, which are in the online catalog at the time of order.
The product catalog may be updated and changed periodically so there is no guarantee that a product will remain among those available online.
Each product is presented by a descriptive sheet where all the essential characteristics are reported; however, the images and colors of the products offered for sale may not exactly correspond to the real ones due to causes not attributable to the Seller and, in any case, as a result of the settings of the computer systems used by the User to view the Site. The images of the products must, therefore, be understood as indicative and subject to normal tolerances of use. The Seller hereby expressly disclaims any liability in this regard.
Selling prices
All product sales prices shown within the Site include VAT, if applicable due to the country where the products are shipped and any other taxes that may be applicable to the sale.
Product prices may be subject to updates and changes. The displayed prices of non-euro prices are indicative only and may differ from the total order displayed for payment at the checkout stage. The User is required to ascertain the final sale price before placing the relevant order. The blatant material error reported in the price displayed on the Site compared to the commonly known price of the chosen product shall result in the Seller's right not to confirm the shipment and proceed with the immediate refund of the value of the purchase paid by the User without the User being able to oppose any exceptions in this regard.
The product offers on the Site, as well as the prices of the same, are valid as long as they are still visible on the Site and while stocks last. Seller reserves the right to change the product catalog at any time and without notice. It is not Seller's responsibility to avoid the impact of product changes on any choices being made and for purchases not yet completed. Any price changes will also apply to products already placed in the shopping cart, for purchases not yet completed prior to the changes.
Methods of payment
For payment of the price of the products and related shipping and delivery costs, if any, the User may follow one of the methods indicated in the Order Form.
In case of credit card payment, the payment procedure will be carried out via secure connection directly connected to the Payment Service Provider (PSP) partner to which third parties cannot have access. Specifically, financial information (e.g., credit/debit card number, expiration date) will be forwarded via encrypted protocol, which provide the relevant remote electronic payment services, without third parties having access to it. Such information will never be used and/or stored in any format (including electronic) by the Seller.
The amount of the order will be charged at the same time that the entire checkout process is successfully completed, subject to the User's right to have the amount credited back to him or her in the event of default by the Seller or failure to perform the contract for any reason.
The User is solely responsible for the data entered; therefore, he/she guarantees to use only credit/debit cards of which he/she has legitimate availability.
Mode of delivery
Products are delivered, via contracted couriers, directly to the User at the shipping address specified in the order.
By filling out the master data sheet in the registration procedure necessary to activate the process for the execution of this contract and further communications, the User authorizes the Seller to communicate the master data to the trusted couriers and/or shippers used for the delivery of the purchased products in order to allow the necessary procedures for their delivery.
The Seller will make every effort to fulfill the transmitted order within 2 business days and no later than 30 days from the day after the day the User transmitted the order.
Delivery times include business days only and do not include holidays.
The Site allows you to request delivery of the ordered products to an address other than the User's own provided that it is within the User's country of residence indicated during login; in any case, it is the User's responsibility to provide all the references necessary for successful delivery.
It is never possible to pick up products purchased through the Site directly from the Seller's warehouse.
Expected shipping charges and types may vary depending on the country and the shipping method chosen by the User.
Said expenses and any additional costs shall be borne by the User. The relevant amount will be expressly and separately indicated in the order summary, before the User proceeds to the transmission of the order, as well as in the order confirmation e-mail.
The delivery procedure provides that, in case of absence of the recipient at the time of access of the courier, the person in charge will leave a notice, in order to perfect the shipment later, in which will be indicated the contact details to be contacted to arrange the second delivery. In case of failure to agree for the second delivery, the package will remain in storage at the warehouse of the courier and it will be the User's responsibility to provide for the withdrawal.
In case of failure to collect within 4 days, the package will be returned to the Seller. In this case, the contract shall be considered terminated in accordance with art. 1456 c.c., with notice from the Seller sent by e-mail to the User and therefore the order will be canceled.
The User always has the possibility to check the status of his order through his personal area; therefore, it applies only to users who have signed up accounts.
Orders must be placed directly from the Site in the country to which they will be delivered. Orders placed from the Site of a country other than the destination country, or to an address not accepted by the carrier will be automatically cancelled.
Obligations of the user
Underage persons are strictly prohibited from placing an order on the Site.
The data entered during purchase must be only their own real personal data and not of third persons, or fantasy. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The User indemnifies the Seller from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the User, as he/she is solely responsible for their correct entry.
Upon receipt of the products, the User is required to verify the conformity of the same in relation to the order. In particular, he must pay attention to the correspondence between the number of packages indicated on the letter of the carrier and those delivered and the integrity of the packaging.
Any anomalies (e.g., tampering, damage) must be specified in writing directly in the courier's transport document and the User must refuse the delivery.
At the same time, the User is required to report the fact to the Seller's Customer Service through the appropriate link.
Should the User accept delivery of tampered, damaged products, he/she will forfeit the legal warranty of conformity of the products.
Responsibility
The Seller assumes no responsibility for disruptions in service attributable to force majeure such as, but not limited to, accidents, explosions, fires, strikes, earthquakes, and other events that prevent, in whole or in part, the execution of the contract within the agreed time.
The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the above causes, the customer being entitled only to a refund of the price paid.
Likewise, the Seller is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for products. The Seller, in fact, at no time during the purchase process is able to know the User's credit card number which, by opening a secure connection, is transmitted directly to the manager of the banking service.
Right of withdrawal
The User may exercise the right of withdrawal and return the product received, without penalty and without specifying the reason, subject to the terms and conditions set forth below.
The User may withdraw from the contract within the term of 60 (sixty) days from the day on which he or a third party, other than the carrier and designated by the User, acquires physical possession of the goods.
The User can always make a return request directly from the Site in case he/she has signed up for an account by filling out the appropriate form in his/her personal area of the Site. In case the User has made the purchase as a guest, he/she may proceed to contact customer service via the Contact form on the Site. The customer service will proceed to create an account, then making the appropriate return request form accessible to proceed with the submission from the customer area.
Products must be returned undamaged, undamaged and with the bar code and any other seal that is part of the products; products that are returned incomplete, ruined, damaged, deteriorated will not be refunded.
The products that are intended to be returned must be delivered to the shipper within 14 (fourteen) days starting from the User's communication to the Seller of his/her wish to withdraw from the contract.
The cost of returning the products will be borne by the User.
After the return of the products, the Seller will make the necessary inquiries regarding the conformity of the products with the conditions and terms stated therein.
If the right of withdrawal is properly exercised, the Seller will refund any sums already collected by the User for the purchase of the products.
Regardless of the method of payment used by the User, the refund shall be activated by the Seller as soon as possible and in any case within 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, after verifying that it has been properly executed and checking the returned products.
The Seller shall make the refund using the same means of payment used by the User to purchase the returned products, even if a virtual and/or disposable credit card was used. The Seller may not in any way make a refund on a credit card other than the one used for the purchase, except in the case where the card itself has expired in the meantime or has been stolen: in this case the User may contact Customer Support via the Contact form on the site to agree on the most appropriate means of refund.
Warranty of compliance
The Seller is liable to the buyer for any lack of conformity of the products offered on its Site, when the lack of conformity becomes apparent within 24 (twenty-four) months from the date of delivery of the product itself.
There is no lack of conformity if, at the time of the conclusion of the contract, the buyer was aware of the defect, could not have ignored it with ordinary diligence, or if the lack of conformity was caused by the buyer.
In any case, defects of conformity resulting from damage due to accidental facts or from the User's responsibility for use not in accordance with the intended use of the product are excluded from the legal warranty.
In the event of the existence of defects or lack of conformity, the purchaser shall have the right to the restoration, without charge, of the conformity of the product by repair or replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other.
It is understood that the Buyer forfeits this right if he does not formally report the lack of conformity to the Seller within 24 (twenty-four) months from the date he discovered the defect. The complaint must contain an accurate and complete description of the defects and faults complained of. Customer Service will provide the User with instructions for the return of the defective product, which will be at the Seller's expense.
Should any of the cases provided for by law occur, the buyer may, alternatively, request an appropriate reduction in the price or termination of the contract and the consequent refund of the entire price paid.
A minor lack of conformity does not entitle to termination of the contract and subsequent refund of the full price paid.
Applicable law
Any dispute relating to the application, performance, interpretation and breach of the sales contracts entered into through the Site is subject to Italian law. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In any case, the rights, if any, attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile of the latter shall not be affected.
Changes and updates
Seller reserves the right to change the Site, policies and these Terms and Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory requirements. A User who accesses the Site and places an order will adhere to the policies and terms of the General Terms and Conditions of Sale in effect from time to time at the time the order is placed, unless any changes are retroactive under applicable law. Should any of the provisions herein be held invalid, void or unenforceable, such condition shall not, however, affect the validity and enforceability of the other provisions.
Customer service and communications
The User may request any information through Customer Service using contact forms on the site.