GENERAL TERMS AND CONDITIONS OF USE OF THE LAMPOO SERVICES BY BUYERS REFGISTERED ON THE WEBSITE WWW.LAMPOO.COM
Each User (as defined below) shall carefully read and accept the following general terms and conditions (hereinafter, the “T&C”) before using the Lampoo Services.
This document is a legally-binding agreement between the User (as defined below), who shall have previously registered on the Website (as defined below), and Lampoo S.r.l., with registered office in Via A. Albricci no. 9, 20122 Milano (MI), Italy, enrolled with the Companies’ Register of Milano – Monza – Brianza – Lodi under no. 10222640962 and REA no. MI - 2514473 (“Lampoo”), as holder and manager of the Website (as defined below).
“Buyer” means a consumer (i.e. a natural person using any of Lampoo Services for a purpose which can be regarded as being outside its business or profession) registered on the Website and buyer of Products.
“Lampoo Services” includes (a) the registration on the Website by the Supplier; (b) the storage in safekeeping of the Supplier’s Products; (c) the verification of the authenticity, quality and condition of the Products; (d) the offering for sale of the Products (considered suitable for sale by Lampoo and detained by Lampoo on a consignment basis), by creating and displaying a description and photographs of the Products, (1) on the Website, (2) on Lampoo’s mobile app (hereinafter, the “Lampoo’s App”), (3) in Lampoo’s sole discretion, at pop-up stores or at Lampoo’s retail stores (hereinafter, the “Lampoo’s Retail Stores”); (e) the managing all of the acts related to the sale of the Products through the Website, managing and execution of Purchase Orders submitted by the Users and provision post-sale assistance, it being understood that, after the User has registered on the Website, Lampoo will create a User’s personal page on the Website (hereinafter, the “User Account”); (f) the use of the User Account by the User in order to (1) purchase Products on the Website, (2) manage its personal details and (3) receive post-sale assistance; (g) in the case of sale of any Products, its packaging and shipping to each Buyer; (h) the receipt of the amounts paid by each Buyer, corresponding to the Purchase Price.
“Purchase Order” means the procedure through which the User orders and purchases a Product through the Website.
“Purchase Price” means, in relation to each Product, the purchase price due by the relevant Buyer for the purchase of such Product through the Website.
“Products” means second hand items such as clothing, shoes, bags and accessories sold through the Website.
“Site Credit” means an account in the name of the relevant Buyer on which the Buyer may charge any amount due to Lampoo in respect of its Purchase Orders. The Buyer may use the Site Credit only if it contains enough credit to pay the due amount, because of previous credits of the Buyer for the sale of its Products through the Website.
“Supplier” means each owner of Products offered for sale on the Website.
“User” means any person who has successfully registered on the Website.
“Website” means the website www.lampoo.com managed by Lampoo.
2. General Terms and Conditions
2.1 These T&C set forth the terms and conditions applied to the use of Lampoo Services by the Users. By registration on the Website, Users fully and unconditionally agree to these T&C.
2.2 These T&C, the content and infrastructure of these pages and the platform made available on the Website are owned, operated and provided by Lampoo, subject to the terms and conditions set out herein. The relationship of Lampoo with Suppliers is governed by separate terms and conditions that regulate the commercial relationship of Lampoo with each Supplier.
2.3 The User acknowledges and accepts that Lampoo might unilaterally make changes to the present T&C at any moment by publishing the amended version of the T&C on the Website and notifying the User via e-mail of such amendment. It is understood that, following the amendment of the T&C, the User will be entitled to withdraw from these T&C by unsubscribing from the Website. The use of the Lampoo and the Website by the User after the amendment of the T&C will be deemed as acceptance by the User of the changes made by Lampoo to the T&C.
2.4 These T&C have been drafted in Italian. Any version drafted in other languages has a merely informative nature. Therefore, in the event of a dispute regarding the interpretation of these T&C, the prevailing language shall be the Italian language.
2.5 Users shall not make, and are not entitled to make, any change to these T&C.
2.6 These T&C shall become valid and effective when the User Account will be activated by Lampoo upon the User’s request and shall cease to be valid and effective when the User Account will be deactivated by Lampoo or by the User. In this respect, persons interested in activating a User Account on the Website are invited to complete the registration process on the Website according to the provisions set forth in Articles 4 and 5 below.
Performance of the Lampoo Services
4.1 All the Lampoo Services available on the Website are provided by Lampoo. Some Lampoo Services might be provided by third-party suppliers of Lampoo.
4.2 In order to use the Lampoo Services, the User shall sign in as member on the Website. Lampoo reserves the right to limit or make changes to the terms and conditions of use of the Lampoo Services.
- At its absolute discretion, Lampoo will be entitled to limit, deny or create different levels of access to and use of the Lampoo Services (or any part of the Lampoo Services).
- For the purpose of using the Lampoo Services, except as provided by specific mandatory rules, the User accepts to receive electronic communications by Lampoo and declares that all agreements, notices, policies and other communications transmitted electronically by Lampoo meet the requirement of the written form when required by law.
- Lampoo is not responsible or liable for (and has no obligation to verify) any wrong or misspelled e-mail address or inaccurate or wrong (mobile) phone number, credit card number or bank details.
- Lampoo invites Users to read its privacy and cookie policies for more information about how Lampoo may contact Users.
- Should a User wish to contact the customer service for any reason regarding the Services and/or Purchase Orders, including any request or complaint, the User shall contact Lampoo by filling in the form available under the voice “Contact Us” on the Website or sent an e-mail at: email@example.com.
5.2 Upon registration on the Website, Lampoo assigns an account, an ID and a password to each registered User. Users will be allowed to change their password by accessing to their User Account and following the instructions provided therein. The User is able, at any time, to modify or delete the data entered during the registration proceedings on the Website by accessing its User Account.
5.3 Each User can access to the User Account by logging in and using its personal password. The User is the only one responsible for keeping the login and password safe and for all activities performed on its User Account. No User can share, assign or allow the use of its User Account, login or password to third parties. The User undertakes to promptly sent a notice to Lampoo upon becoming aware of any unauthorized use of its login, password or User Account or of any security breach of its User Account.
5.4 Lampoo shall be entitled to contact the User through the e-mail provided by the latter at the time of the User’s registration on the Website. The User acknowledges and accepts that any communication regarding the present T&C may be sent by Lampoo to the e-mail used during the registration procedure on the Website or to the e-mail subsequently provided into the User’s Account by the User.
5.5 By registration on the Website, the User accepts and acknowledges that, accordingly to praxis and internet uses, Lampoo may freely insert advertisements on the Website.
5.7 The User accepts to use the Website and the Lampoo Services exclusively to purchase or sell Products through the Website, subject to the acceptance of the present T&C for purchase activities and to the acceptance of the T&C applicable to Suppliers for sales activities through the Site. The User undertakes not to copy, reproduce, download, republish, sell, distribute or resell any Lampoo Service or information, text, image, graphic, video, audio, directory, file, database, list and/or content available on or through the Website (hereinafter, the “Website Content”). Is it forbidden the use of any Website Content for purposes different from those expressly allowed under these T&C. The User undertakes not to perform any action aimed at impairing the integrity of the informatic systems of Lampoo and/or any other User and/or gaining unauthorized access to such systems.
5.8 The User shall be entitled to request to unsubscribe directly from its User Account, following the deactivation request procedure provided therein. It being understood that such withdrawal shall become valid and effective [15 (fifteen)] days after such request. The relationship with Lampoo for the supply of the Lampoo Services shall cease to be valid and effective on the date on which the User cancels its registration to the Lampoo Services.
- If the User violates the T&C or Lampoo has reasonable grounds to believe that the User might have violated the T&C, Lampoo is entitled to suspend or deactivate the User Account or suspend the use of any Lampoo Service, without this in any case leading to any responsibility for Lampoo. Lampoo has also the right to limit, deny or exclude any current or future use of any of the Lampoo Services provided by Lampoo.
- The User undertakes to keep Lampoo, its affiliates, employees, agents and representatives harmless and indemnified from any and all damages, losses, assets and liabilities (including legal expenses) caused by the improper use of the Website and/or the Lampoo Services and/or by the breach of the T&C.
Purchase Order of the Products
- Through the Website, Lampoo sells to Users Products owned by the Suppliers and detained by Lampoo under a consignment agreement entered into between Lampoo and the relevant Supplier.
- The relevant Supplier shall keep every right to each Product delivered to Lampoo, even after the physical possession of the Product is transferred to Lampoo and until the moment the Product is purchased by the relevant Buyer.
- Each Purchase Order made through the Website or through the Lampoo App implies the execution of a purchase agreement in Italian language entered into between Lampoo and the Buyer regarding a Product owned by a Supplier. Such Product is detained and put for sale by Lampoo under a consignment agreement entered into by Lampoo and the relevant Supplier. After Lampoo obtains the physical possession of the Product, each Product is evaluated, inspected and authenticated by Lampoo and only if deemed adequate it is put for sale on the Website.
7.4 By clicking the [“Place Order”] button and by making the payment of the indicated Purchase Price for each Product, the User makes a legally binding and irrevocable Purchase Order with regards to each Product in the virtual cart. Once the Purchase Order is submitted, Lampoo shall send an e-mail to the Buyer to confirm the Purchase Order by e-mail. The purchase agreement shall become effective between Lampoo and the Buyer after the latter has received confirmation of the Purchase Order by e-mail. In the event that the Buyer does not receive the confirmation e-mail of the Purchase Order within the term above, the relevant Purchase Order shall be deemed rejected by Lampoo and therefore without effect.
7.5 The Products purchased by each Buyer shall be shipped off as soon as Lampoo receives the whole payment of the Purchase Price displayed on the page of the relevant Product, as well as the payment of the shipping costs (if there are any).
7.6 Shipping costs vary depending on the Country of destination and are displayed both on the page of the relevant Product and in the virtual cart at the moment of the Purchase Order. If the Buyer returns the Product in accordance with the procedure provided by these T&C and the applicable law, the shipping costs shall not be refunded.
7.7 Lampoo accepts several payment methods, including but not limited to check, wire transfer, credit card, Pay Pal, charge on its Site Credit and cash on delivery (available only in Italy and Germany). Lampoo reserves the right to reject certain payment methods and to request a different payment method for certain Purchase Orders. In relation to the purchase of a Product and the payment of the Purchase Price by the User, Lampoo undertakes to issue the invoice to the User. These invoices shall be available to the relevant User on its User Account. The Buyer accepts to receive the invoices exclusively by e-mail.
Failure of the Buyer to collect the Product
8.1 If, following three (3) attempts of delivery by the carrier, the Product purchased by the Buyer is not delivered to the relative Buyer, such Product shall be deposited at closest carrier warehouse. The Buyer shall have at its disposal 80 (eighty) days to collect the Product. If the Product is not collected within such term, it shall become the property of Lampoo and no further right shall be claimed by the Buyer.
9.1 Lampoo shall only be liable for direct damages actually suffered, paid or incurred by the User due to an attributable shortcoming of Lampoo obligations in respect to the Lampoo Services, up to an aggregate amount equal to the Purchase Price of the purchased Product/s on the Website by the relevant User and in respect of which the damage has been suffered.
9.2 However, to the extent permitted by law, neither Lampoo nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliated partners, licensees, agents or others involved in creating, sponsoring, promoting or otherwise making available the Website and its contents shall be liable for (i) any special, indirect or consequential loss or damage, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to reputation, loss of claim, (ii) any direct, indirect or consequential damage, loss or cost suffered, incurred or paid by the User, pursuant to, arising out of or in connection with the use, inability to use or malfunctioning of the Website.
9.3 Purchases made on the Website are subject to the rules of the Consumer Code (as defined below) regarding the warranty for defects and non-conformities of Products. The Buyer shall therefore be entitled to the rights referred to in article 130 et seq. of the Consumer Code (as defined below).
9.4 The laws in place in some countries might forbid the abovementioned restrictions of liability. Should these provisions be applicable in part or in whole, the restrictions of liability mentioned above shall not be effective and further rights may be recognized to the User. The User acknowledges and accepts that, nevertheless, in such cases Lampoo’s liability shall not exceed the aggregate cost paid to purchase the Product/s on the Website by the relevant Buyer and in respect of which the damage has arisen.
Disclaimer of warranties; Limitation of liability
10.1 The User expressly understands and agrees that the User’s use of the Lampoo Services is at its sole risk. Lampoo Services are provided on an “as is” and “as available” basis.
10.2 Lampoo makes no warranty that:
(a) Lampoo Services will meet User’s requirements; or
(b) Lampoo Services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that User obtain from Lampoo Services or through or from the Website or the Lampoo Services shall create any warranty not expressly stated in these terms.
10.3 Lampoo and its officers, employees, agents, partners, and licensors shall not be liable to User for any direct, indirect, incidental, special, consequential, or exemplary damages or for damages for loss of profits, goodwill, use, data, or for other intangible losses (even if Lampoo has been advised of the possibility of such damages) resulting from:
(a) the use or the inability to use the Lampoo Services or the Website;
(b) unauthorized access to or alteration of User’s transmissions or data;
(c) the activities contemplated by these T&C; or
(d) any other matter relating to the Lampoo Services or these T&C.
10.4 In no event will Lampoo liability under these T&C exceed the amount it has actually received as a result of the sale of the Products.
10.5 The above disclaimers and limitations are a fundamental part of the basis of Lampoo business, and Lampoo would not enter into these T&C without such disclaimers and limitations. Please seek the advice of appropriate professionals regarding the terms of these T&C and the evaluation of any specific opinion, advice, product, service, or other content.
10.6 The laws in place in some countries might forbid the abovementioned restrictions of liability. Should these provisions be applicable in part or in whole, the restrictions of liability mentioned above shall not be effective and further rights may be recognized to the User. The User acknowledges and accepts that, nevertheless, in such cases, Lampoo’s liability shall not exceed the aggregate cost payed by the Buyer for the purchased Product/s on the Website and in respect of which the damage has been suffered.
11.1 The User represents and warrants that (a) it has full power and freedom to accept these T&C, (b) it uses the Website for personal purposes, and (c) all personal data (and therefore, first name, last name and the address) provided when registering on the Website are true, correct and updated.
11.2 The User represents and warrants that the information and documentation provided by the User during the registration process or upon Lampoo’s request are correct, true and updated. The User also undertakes to always keep the information provided on the User Account updated.
11.4 The User represents and warrants that all the information it will forward to Lampoo:
- a) are true, accurate, complete;
- b) are not false, misleading or deceptive;
- c) do not have any direct or indirect link to other websites that contain any content that might cause a breach of the T&C.
11.5 The User further represents and warrants that:
- a) it does not use the Lampoo Services or the Website with fraudulent and/or illegal purposes;
- b) it does not use the Lampoo Services nor the Website on behalf of third parties, save for cases expressly authorized in writing by Lampoo;
- c) it does not perform spamming or phishing activities;
- d) it will not carry out any activity that might enable the growth of informatic viruses or other destructive tools and codes that can damage, interfere with, intercept, deactivate, destroy any software or hardware, data or personal information;
- e) it will not carry out any activity aimed at undermining the integrity of data or systems used by Lampoo and/or any other User and/or Buyer or gaining unauthorized access to such data or systems;
- f) it will not execute, nor try to execute, transactions with the Suppliers outside of the Website.
11.6 The User hereby shall indemnify and hold Lampoo harmless from all damages, suits, litigation, awards, loss, expenses and costs, including but not limited to, legal fees and costs, suffered/incurred and/or to be suffered/incurred by Lampoo as result of and/or in relation to the breach to these T&C by the User and/or false or inaccurate representations and warranties contained in these T&C and provided by the User by accepting these T&C.
- Lampoo shall never be deemed responsible for a delay or error or interruption regarding the contents or Lampoo Services provided on the Website that directly or indirectly arise from natural events or events that do not fall within Lampoo’s control, including, without limitation, issues linked to the internet, telecommunications or other equipment breakdowns, lack of electricity, strikes, labour disputes, riots, insurrections, civil disorders, labour or materials shortages, fires, floods, storms, explosions, wars, governmental actions, court or national or international tribunals’ orders or underperformance by third parties.
Intellectual property rights
13.1 Lampoo is the sole owner of all the rights and contents of the Website and of the Lampoo Services provided on the Website. The Website and the Lampoo Services represent trade secrets and other intellectual property rights globally protected by copyright and by the applicable relevant laws. All ownership and intellectual property rights of the Website and the Lampoo Services are and shall be of exclusive property of Lampoo.
13.2 The name “Lampoo”, the logo, the pictogram and all connected icons and logos and trademarks or registered trademarks are trademarks owned by Lampoo. Any unauthorized copy, change, use or publication of such trademarks is strictly forbidden. All other trademarks not owned by Lampoo that appear on the Website or any of the Lampoo Services are in the property of their respective owner.
13.3 [Third parties are allowed to publicly share the Website’s contents by using the buttons that can be found on the Website referring to external social networks, in accordance with these T&C. Those who publicly share Website’s contents take full responsibility regarding the content of their messages.]
14.1 Pursuant to art. 49, paragraph 1, letter (h) of the Consumer Code (as defined below), the Buyer has the right to withdraw from each Purchase Order of each Product, without giving any reasons, within 14 days from the day on which the Buyer or a third party (not the carrier) and appointed by the Buyer, obtains the physical possession of the ordered Product (hereinafter, the “Withdrawal Period”). If multiple Products are ordered with a single Purchase Order and delivered separately, the Withdrawal Period elapses from the day on which the the Buyer or a third party (not the carrier) and appointed by the Buyer, obtains the physical possession of the last ordered Product. In order to exercise the right of withdrawal, the Buyer shall send a notice of withdraw from these T&C in writing (e.g. by e-mail) to Lampoo S.r.l., Via A. Albricci no. 9, 20122 Milano (MI), e-mail address firstname.lastname@example.org. For this purpose, it is possible, but not compulsory, to use the standard withdrawal form which can be downloaded here. The Buyer may also complete and submit the withdrawal form or any other explicit statement on the Website https://www.lampoo.com/t&c_withdrawalform. In such case, Lampoo will immediately send an acknowledgement of receipt by e-mail. In order to comply with the Withdrawal Period, the Buyer shall send the notice of exercise of the right of withdrawal before the expiry of the above period.
14.2 Following withdrawal from the Purchase Order, Lampoo shall reimburse all payments made by the Buyer in relation to the returned Products, including shipment costs, in any case no later than fourteen (14) days from the day on which Lampoo will learn of the decision to exercise the right of withdrawal. Such refunds shall be made using the same payment instrument used by the Buyer, unless otherwise agreed. In any case, the Buyer will not have to bear any costs as a consequence of such reimbursement.
14.3 Refunds may be suspended until Lampoo has received the returned Products or until the Buyer gives proof that the goods have been shipped. The Buyer must return all the Products to be returned without undue delay and in any case within 14 days from the day on which Lampoo is informed of the decision to exercise the right of withdrawal.
14.4 The Products must be returned correctly packaged in their original packaging, not damaged or dirtied and in a condition that allows the resale and equipped with all any accessories and the certificate of authenticity, if any, and the transport document sent with the original packaging, so as to allow Lampoo to identify the Buyer (name, surname, address and Purchase Order number). In case of loss of the original package, the Buyer shall, at its own expense, replace it. If the returned Product does not comply with the provisions of this article, the withdrawal will not be effective. The costs of returning the Products shall be borne by Lampoo provided that the Buyer uses the documents provided by Lampoo for the return and sends the goods to the country from which the delivery took place, otherwise the costs shall be borne by the Buyer. The Buyer is responsible for the reduction of the value of the Product due to use of the Product other than that necessary to establish the nature, characteristics and functioning of the Product itself.
Tolerance of either party of a conduct of the other party in breach of the T&C does not amount to a waiver to the rights arising from the violated provisions, nor to the right to demand the fulfilment of all the terms and conditions envisaged in these T&C.
16.1 All legal communications or requests from or on the Website or Lampoo Services can be made in writing and sent to Lampoo via e-mail (unless otherwise specified by Lampoo) to the following address: email@example.com.
16.2 Lampoo shall provide all notices to the User at the e-mail address or physical address provided by the User during the registration process to the Website or to the address subsequently provided into the User’s Account by the User. The User is solely responsible for keeping that information current with Lampoo.
17.1 If any provision of these T&C becomes invalid or non-binding, Lampoo and the User shall remain bound by all other provisions hereof. In that event, they shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these T&C.
17.2 The User may not assign these T&C or any interest the User have in such T&C without Lampoo’s prior written consent. Any prohibited assignment is null and void.
17.3 Headings used in these T&C are provided for convenience only and shall not be used to construe meaning or intent.
18.1 These T&C have been construed and shall be governed and interpreted according to Italian law and in particular (without limitations) the Consumer Code (d.lgs. 6th September 2005, n. 206, hereinafter, the “Consumer Code”) and the d.lgs. 9th Apirl 2003, n. 70, regulating the e-commerce.
Jurisdiction and dispute resolution
19.1 Any dispute relating to the interpretation, validity and implementation or in any way arising from these T&C and/or the activities related to the use of the Website and/or Lampoo Services shall be of the exclusive competence of the court of the city where the User has its residence or domicile, pursuant to art. 66 bis, of the Consumer Code.
19.2 Lampoo advises the User to first notify of any complaints by contacting Lampoo’s customer service available at firstname.lastname@example.org
19.3 The User may activate a procedure for the out-of-court settlement of disputes in accordance with the requirements of Articles. 141 ss. of the Consumer Code. In the event that the User activates the above procedure Lampoo guarantees its participation in an attempt at amicable settlement that the user can promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan.
19.4 The User is also entitled to use the online dispute resolution procedure available at http://ec.europa.eu/consumers/odr/.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, where applicable, the User declares that it has read and expressly and specifically approves the following articles:
- Article 2 (General Terms and Conditions)
- Article 3 (Privacy)
- Article 4 (Performance of the Lampoo Services)
- Article 5 (User Account)
- Article 6 (Breaches)
- Article 7 (Purchase Order of Products)
- Article 8 (Failure of the Buyer to collect the Product)
- Article 9 (Lampoo’s liability)
- Article 10 (Disclaimer of warranties; Limitation of liability)
- Article 11 (User’s liability)
- Article 12 (Force majeure)
- Article 13 (Intellectual property rights)
- Article 14 (Withdrawal)
- Article 15 (Tolerance)
- Article 16 (Communications)
- Article 17 (Miscellaneous)
- Article 18 (Applicable law)
- Article 19 (Jurisdiction and dispute resolution)