GENERAL TERMS AND CONDITIONS OF SALE OF PRODUCTS - CONSIGNMENT SERVICE
Seller which is a consumer (i.e. a natural person using any of Lampoo Services (as defined below) for a purpose which can be regarded as being outside its business or profession) (hereinafter, the “Seller”) shall carefully read and accept the following general terms and conditions (hereinafter, the “T&C”) to sell its Products (as defined below) sent by the Seller to Lampoo S.r.l. or collect by Lampoo S.r.l. from the Seller on a consignment basis.
These T&C set forth the terms and conditions applicable to the access to the website www.lampoo.com (hereinafter, the “Website”) and the sale of Products through the Website.
This document is a legally-binding agreement between the Seller, who shall have previously registered on the Website, and the company 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.
For the purposes of this document,
“Products” means second hand items such as clothing, shoes, bags and accessories that can be provided by Sellers and sold through the Website.
“Lampoo Services” includes (a) the registration on the Website by the Seller and the creation of a Seller’s personal page on the Website (hereinafter, the “Seller Account”); (b) the storage in safekeeping of the Products; (c) the verification of the authenticity, quality and condition of the Products; (d) the offering for sale of the Products on a consignment basis, by creating and displaying a description and photographs of the Products, (i) on the Website, (ii) on Lampoo’s mobile app (hereinafter, the “Lampoo’s App”), (iii) 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 to the Website’s users (hereinafter, the “Buyers”); (f) in the case of sale of any Products, its packaging and shipping to each Buyer; (g) the receipt of the amounts paid by each Buyer, corresponding to the Final Selling Price (as defined below); (h) the payment of the Seller Profits (as defined below) in respect of each Sold Product (as defined below), and (i) return to the relevant Seller of any unsold Product within the agreed term.
Implementation and acceptance of the T&C
1.2 By accepting these T&C, the Seller represents that it has all the requirements to use the Lampoo Services.
1.3 The Seller acknowledges and accepts that Lampoo might unilaterally and in its sole discretion amend the T&C at any moment by publishing the amended version of the T&C on the Website and notifying, upon 14 days’ notice, the Seller via e-mail of such amendment. Revised T&C will not apply to Accepted Products (as defined below) for consignment prior to the effective date of those amendments to the T&C. It is understood that, following an amendment, the Seller will be entitled to withdraw from these T&C, pursuant to article 17 below. The use of Lampoo Services and Website by the Seller after the amendment to the T&C will be deemed as acceptance by the Seller of the changes made by Lampoo to the T&C.
1.4 The official language of the T&C is Italian. Any version drafted in other languages has a merely informative nature and it is a courtesy and office translation. Therefore, in the event of a dispute regarding the interpretation of these T&C, the prevailing and regulatory language shall be the Italian language. The Italian version is available on the Website (by selecting the Italian language).
1.5 Sellers shall not make, and are not entitled to make, any change to these T&C.
1.6 These T&C shall become valid and effective among the parties when the Seller Account will be activated by Lampoo upon the Seller’s request and shall cease to be valid and effective when the Seller Account will be deactivated by Lampoo or by the Seller.
Performance of the Lampoo Services
2.1 All the Lampoo Services available on the Website are provided by Lampoo to the Seller.
2.2 In order to use the Lampoo Services, the Seller 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.
2.3 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).
2.4 Some Lampoo Services might be provided by third-party suppliers of Lampoo.
3.1 As condition to access and use the Website and the Lampoo Services, the Seller accepts and undertakes to abide by all the applicable laws and regulations as well as the present T&C (as from time to time amended and/or integrated).
3.2 The Seller accepts to use the Website and the Lampoo Services exclusively to sell its Products through the Website, subject to the acceptance of the present T&C for sales activities, and to purchase Products through the Site, subject to the acceptance of the T&C applicable to Buyers for purchase activities through the Site. The Seller 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 (i.e. the promotion and sale of the Products).
3.4 The Seller undertakes not to perform any action aimed ad impairing the integrity of the informatic systems of Lampoo and/or any other Seller and/or gaining unauthorized access to such systems.
4.1 The Seller shall be registered on the Website in order to access to and use the Lampoo Services through its Seller Account. Lampoo reserves the right to reject a registration request from a Seller for any reason.
4.2 Upon registration on the Website, Lampoo assigns an account, an ID and a password to each registered Seller. Sellers will be allowed to change their password by accessing to their Seller Account and following the instructions provided therein.
4.3 Each Seller can access to the Seller Account by logging in and using its personal password. The Seller is the only one responsible for keeping the login and password safe and for all activities performed on its Seller Account. No Seller can share, assign or allow the use of its Seller Account, login or password to third parties. The Seller undertakes to promptly notice Lampoo upon becoming aware of any unauthorized use of its login, password or Seller Account or of any security breach of its Seller Account.
5.1 If the Seller violates the T&C or Lampoo has reasonable grounds to believe that the Seller might have violated the T&C, Lampoo is entitled to suspend or deactivate the Seller 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.
5.2 The Seller 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.
Consignment of Products
6.1 Lampoo shall sell the Products that will receive form the Seller or that will collect from the Seller on a consignment basis.
6.2 The Seller will continue to own and have title to each Product consigned to Lampoo, even after transfer physical possession of such Product to Lampoo, until the Product will be a Sold Product (as defined below). Notwithstanding the above, the Boutique Partner undertakes that it will not sell or try to sell any Product received by Lampoo on a consignment basis in whatever form and/or channel directly or indirectly other than through the Website.
6.3 A Product shall be considered sold when:
(i) it is sold by Lampoo to a Buyer and not returned to Lampoo within the 14th day after the receipt of the Product at the Buyer’s address (hereinafter, the “Return Period”);
(ii) it is lost, stolen, damaged or destroyed during the Approved Shipment (as defined below) and while in the Lampoo possession;
(hereinafter, the “Sold Product”).
6.4 After the receipt or collection of the Product from the Seller, Lampoo will send a notice to the Seller’s email address provided by the Seller during the registration process to the Website, confirming the receipt of the Product.
6.5 Once received by Lampoo the Product shall be evaluated, inspected and authenticated by Lampoo (hereinafter, the “Lampoo’s Validation”). After Lampoo’s Validation, the Seller will be able to log into its Seller Account on the Website and find each Product that have been accepted for consignment (hereinafter, the “Accepted Product”) and the related price decided by Lampoo for such Accepted Product.
6.6 Each price of such Accepted Products shall be determined at the Lampoo’s sole discretion, save as provided for under the article 11 below and, in any case, without prejudice to the Price Management as defined and described under paragraph 11.2, letter b, below.
6.7 The Accepted Product will be processed and listed as available for sale on the Website and partner websites, on the Lampoo’s App, at the pop-up stores and, at Lampoo’s sole discretion, may also concurrently be displayed and available for sale at Lampoo’s Retail Stores.
6.8 Lampoo may use the Accepted Products for any photo shoot or pop-up event (including the sale of the Accepted Products during this event) organized by Lampoo anywhere in the world.
Loss or damage of Products during shipment or storage
7.1 Lampoo shall accept the Products from the Seller on a consignment basis only. The Seller shall be responsible for all risk of loss or damage of Product until Lampoo will take physical possession of such Product.
7.2 Otherwise, if the Seller will use the approved and pre-paid shipping label which will provide an approved method of shipment by Lampoo, Lampoo will assume the risk of loss or damage to the Products upon shipment (hereinafter, the “Approved Shipment”).
7.3 If a Product will be lost, damaged or stolen during the Approved Shipment or in Lampoo’s possession, it will be considered as a Sold Product and Lampoo shall pay to the Seller the Seller Profits (as defined below). Such Seller Profits shall be based, as the case may be, (a) on the estimated selling price at the time of loss or damage, if such lost or damage will occur during the Approved Shipment; (b) on the Initial Selling Price (as defined below) if the loss or damage will occur after the Lampoo’s Validation; or (c) on the Final Selling Price (as defined below) if the loss or damage will occur after the sale.
7.4 This remedy shall constitute for the Seller the sole remedy and entire recourse against Lampoo for lost, damaged or stolen Products and is in lieu of any other remedy otherwise available as a matter of law or equity.
Products acceptance conditions
8.1 After the receipt or collection of the Product from the Seller, Lampoo will evaluate, inspect and authenticate each item in order to determine, in its sole discretion, its authenticity, quality and value. The item’s condition will affect the Lampoo’s valuation.
8.2 Lampoo shall accept Product for consignment only if:
(i) the Seller’s representations and warranties set forth in the article 14 below will be true and correct;
(ii) Lampoo will determine in its sole discretion (a) that the Product is in excellent or very good condition (i.e. it is not deteriorated due to an excessive wear and/or use); (b) that the Product is washed, clean and odourless; (c) if a Product needs minimum reconditioning to make it marketable and to avoid being rejected and returned to Seller, it being understood that in such a case Lampoo shall make any actions as deemed appropriate at its sole discretion; (d) that in case of a seasonal Product, it will be accepted only in the season of use;
(iii) the Product will be included in Lampoo’s current designer directory (hereinafter, the “Designer Directory”) at the time of evaluation; and
(iv) Lampoo will determine in its sole discretion that the Product is authentic.
Notwithstanding the evaluation and inspection by Lampoo on the authenticity of the Products, the relevant Seller shall be and remain the sole responsible for such authenticity vìs-à-vìs the Buyers and any third party
8.3 Products that do not meet all the above criteria will not be accepted by Lampoo and will be either:
(i) returned to the Seller, at Seller expenses, to the same address where Lampoo collected it or to the address provided by the Seller during the registration process to the Website; or
(ii) with the Seller’s approval, confirmed in writing, donated to a charity of Lampoo’s choice.
Impossibility of authentication and counterfeit Products
9.1 The Seller is the sole responsible for ensuring the authenticity of each Product that it provides to Lampoo. If Lampoo will not able to ascertain the authenticity of any Product, Lampoo shall have the right in its sole discretion to refuse the non-authenticated Product.
9.2 If Lampoo will determine at any time that a Product is counterfeit, Lampoo shall notify to the Seller such determination and shall give to the Seller an opportunity to provide proof of purchase/other proof of authenticity acceptable to Lampoo.
9.3 If Lampoo will not able to ascertain the authenticity of a Product, Lampoo will make it available for return to the Seller at cost and expenses of the latter. If the Product will not be collected by the Seller, at its own expenses, within 45 days from the notice sent to the Seller, the Product will be destroyed.
9.4 If Lampoo finally will determine that the Product is counterfeit, Lampoo immediately shall inform the competent authority and send such Product to such authority.
9.5 The Seller acknowledges, understands and confirms that it is fully aware of any laws and regulations applicable to consigned items which are counterfeit or had been stolen. The Seller further acknowledge and accept that Lampoo cooperates with any authority and agency for the enforcement of such laws and regulations.
Consignment Service Duration and Return of Products
10.1 The consignment service duration relating to each Product starts on the date of Lampoo’s Validation and ends 365 days thereafter (hereinafter, the “Consignment Service Duration”). The Seller may request Lampoo, in writing, to extend the Consignment Service Duration and Lampoo, at its sole discretion, may refuse to agree on such extension.
10.2 During the period of the Consignment Service Duration, the Seller may request in writing to Lampoo that Lampoo returns the Product (hereinafter, the “Product Return Request”), until the Product is still on sale.
10.3 Upon the Seller’s Product Return Request, Lampoo will use commercially reasonable efforts to remove the Product from the Website, Lampoo’s App and any of Lampoo’s Retail Store or pop-up stores.
10.4 If the Seller will notify its Product Return Request within 90 days from the Lampoo’s Validation, the costs of shipment shall be at Seller’s expense and Lampoo shall deduct them from the pending Seller Profits (as defined below). If the Seller does not have enough pending Seller Profits (as defined below) available to cover the costs of shipment, Lampoo shall have no obligation to return Product to Seller unless and until the Seller pay Lampoo the costs of return prior to shipment. Additionally, Lampoo will charge to Seller a fee of Euro 25 per each Product, which fees reflect Lampoo up-front costs of storing, cataloging, and photographing the item in preparation for sale.
10.5 If the Seller will notify its Product Return Request more than 90 days after the Lampoo’s Validation, the Product will be returned at Lampoo’s expenses and no fees will be charged.
10.6 Where Products will be returned to the Seller, the Seller will be responsible for any and all customs charges.
10.7 If a Product will be unsold at the end of Consignment Service Duration, Lampoo shall notify the Seller and at Seller’s option and Lampoo’s expense:
(i) return the Product to the Seller; or
(ii) donate the Product to a charity of the Lampoo’s choice.
10.8 If the Seller will not respond to Lampoo’s notice after fourteen (14) days of being informed, Lampoo may freely dispose of the unsold Product, either by donating them to a charitable organization of its choice or by destroying the Products.
Price Determination and Management
11.1 According to these T&C, Lampoo will display Products on the Website and partner websites, on the Lampoo’s App, at the pop-up stores. At Lampoo’s sole discretion, Products may also concurrently be displayed and available for sale at Lampoo’s Retail Stores. Lampoo will make commercially reasonable efforts to sell the Products.
- The Seller acknowledge and agree that:Lampoo in its sole discretion will determine the initial selling price for each Product (hereinafter, the “Initial Selling Price”) based on its evaluation of that Product (taking into account, among others, the brand, the type of Product; the year of manufacture, the colour and of course the condition), together with its determination of the current market price for such Product.
- The Seller may request the price management function (hereinafter, the “Price Management”). In such case, within certain laps of time which shall be determined from time to time by Lampoo, the Seller will have the possibility, directly from the Seller Account, to modify the Initial Selling Price, as determined by Lampoo pursuant to the paragraph 11.2, letter a), by increasing or reducing the Initial Selling Price by up to a percentage included in the range determined from time to time by Lampoo. It is understood that such range shall be in any case included between a minimum of 10% and a maximum of 20%. If, for any reason, you were not satisfied with the initial selling price, you will be able to request the return of your items free of charge.
- Lampoo may apply price reductions and promotions during the Consignment Service Duration, at its sole discretion and without notice to the Seller, as a means to efficiently market and sell the Products, unless the Seller and Lampoo have otherwise agreed in writing to sell a Product a specific price. We will apply a reduction to the initial selling price of 5% every 30 days starting the 60th day since they have been published online, until a maximum of 50% off. For the items with an initial selling price of € 5000 or more, the reduction will still start again the 60th day since their publication online, but their initial selling price will be reduced by 5% every 60 days and the total discount will not exceed 25%. Your earning percentage will be always calculated based on the final selling price, thus after discounts.
12. Seller Profits and payments
For the purposes of this document,
“Site Credit” means an account in the name of the relevant Seller on which the Seller may accredit any amount due to the Seller from the sale of its Sold Products. The Seller may use such Site Credit only to make purchases through the Website.
“Final Selling Price” means the price at which a Product will become a Product Sold, after applicable discounts and promotions and excluding shipping.
“Seller Percentage” means the rate to calculate the profits due to the Seller for each Product that will become a Sold Product as structured and showed in the chart herein below (hereinafter, the “Seller Profits”):
|SELLER PERCENTAGE||YOUR PERCENTAGE CHANGES BASED ON THE FINALE SELLING PRICE|
|40%||With a final selling price of € 49 or less|
|50%||With a final selling price between € 50 and € 99|
|55%||With a final selling price between € 100 and € 149|
|65%||With a final selling price between € 150 and € 999|
|70%||With a final selling price between € 1000 and € 4999|
|80%||With a final selling price of € 5000 or more|
12.2 Calculation of Seller Profit: Lampoo will pay to Seller a Seller Profit on each Sold Product. The Seller Profit shall be equal to the Product’s Final Selling Price multiplied by the applicable Seller Percentage. The Seller Profits will be the sole compensation that the Seller will receive under these T&C.
Notwithstanding the above, Lampoo may also, from time to time, in its sole discretion make other changes to its percentage structure and the Seller Percentage which shall become valid and effective on the 15th day after receipt by the Seller of the notice sent by Lampoo.
12.1 The percentages due to the Seller in respect of the sale of Products are calculated in accordance with the rates described and showed in the definition of “Seller Percentage” above.
a) Lampoo will process Sellers Profits payments on (i) the 15th day of every month for sales that occurred within the 31st day (or, as the case may be, last month’s day) of the previous month; and (ii) the 31st (or, as the case may be, last month’s day) day of every month for sales that occurred within the 15th day of the same month. For the purposes of such provision, a sale of a Product is deemed to be occurred at the time when the relevant purchase order of that Product is made by the relevant Buyer.
b) At the Seller’s choice, payments will be made to Seller (i) directly on its Site Credit; or (ii) by physical check, wire transfer or PayPal deposit. Seller may choose in any time another payment method, it being understood that the new payment method will applicable to the profits arising out of all new sales performed after the choice of the new payment method.
12.4 Disputes: if there is a dispute between Seller and Lampoo, Lampoo shall have no obligation to pay any profit or other amounts due to the Seller, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Lampoo may withhold any Seller Profit due (including any due for Sold Product not subject to the dispute) in full or partial satisfaction of any amounts the Seller owes to Lampoo.
Disclaimer of warranties; Limitation of liability
13.1 The Seller expressly understands and agrees that:
The Seller’s use of the Lampoo Services is at its sole risk. Lampoo’s consignment and Lampoo Services are provided on an “as is” and “as available” basis. Lampoo expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
13.2 Lampoo makes no warranty that:
(a) Lampoo Services will meet Seller’s requirements; or
(b) Lampoo Services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that Seller obtain from Lampoo Services or through or from the Website or the Lampoo Services shall create any warranty not expressly stated in these terms.
13.3 Lampoo and its officers, employees, agents, partners, and licensors shall not be liable to Seller 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 Seller’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.
13.4 In no event will Lampoo liability under these T&C exceed the amount it has actually received as a result of selling the Seller’s Products.
13.5 The foregoing 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.
14.1 The Seller 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.
14.2 The Seller represents and warrants that the information and documentation provided by the Seller during the registration process or upon Lampoo’s request are correct, true and updated. The Seller also undertakes to always keep the information provided on the Seller Account updated.
14.4 The Seller represents and warrants that all the information it will forward to Lampoo:
- are true, accurate, complete;
- are not false, misleading or deceptive;
- do not have any direct or indirect link to other websites that contain any content that might cause a breach of the T&C
14.5 The Seller further represents and warrants that:
- it is the only and exclusive owner of the Products and it has good and marketable title to each Product and has the right to consign and sell such Product;
- none of the Product is subject to any liens or other encumbrances;
- the Products does not include counterfeit goods;
- the Products do not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
- it does not use the Lampoo Services or the Website with fraudulent and/or illegal purposes;
- it does not use the Lampoo Services nor the Website on behalf of third parties, save for cases expressly authorized in writing by Lampoo;
- it does not perform spamming or phishing activities;
- 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;
- it will not carry out any activity aimed at undermining the integrity of data or systems used by Lampoo and/or any other Seller and/or Buyer or gaining unauthorized access to such data or systems;
- it will not execute, nor try to execute, transactions with the Buyers outside of the Website.
14.6 The Seller 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 and/or incurred and/or to be suffered by Lampoo as result of and/or in relation to the breach to these T&C by the Seller and/or false and inaccurate representations and warranties contained in these T&C and provided by the Seller by accepting these T&C, and also as a result of or arising in any way out of Lampoo’s display and/or sale of the Product, including but not limited to, civil or criminal suits over authenticity, compliance or ownership of Product, legality of sales, or copyright or trademark infringement.
15.1 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
16.1 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.
16.2 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.
17.1 Pursuant to art. 49, paragraph 1, letter (h) of the Consumer Code (as defined below), the Seller has the right to withdraw from these T&C, without giving any reasons, within 14 days from the signing of these T&C (hereinafter, the “Withdrawal Period”). In order to exercise the right of withdrawal, the Seller 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), email 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 Seller may also complete and submit the withdrawal form or any other explicit statement on the Website https://www.lampoo.com/en/contact. In such case, Lampoo will immediately send an acknowledgement of receipt by e-mail. In order to comply with the Withdrawal Period, the Seller shall send the notice of exercise of the right of withdrawal before the expiry of the above period.
17.2 Following withdrawal from these T&C, Lampoo shall return the Seller’s Products and reimburse all payments made by the Seller, 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 Seller, unless otherwise agreed. In any case, the Seller will not have to bear any costs as a consequence of such reimbursement.
17.3 To the extent permitted under any applicable laws, the act of sending any Product to Lampoo or the act of collecting any Product by Lampoo before the end of the Withdrawal Period, will be deemed as the Seller expressly waiving its right of withdrawal in respect of the Product already received by Lampoo. Therefore, those Products shall continue to be subject to these T&C.
17.4 Lampoo has the right to withdraw from these T&C, without giving any reasons, in any time. In order to exercise the right of withdrawal, Lampoo shall notice the decision to withdraw from these T&C in written (e.g. by e-mail) the Seller at the email address provided during the registration process to the Website. In such a case provisions set forth in paragraph 17.2 above shall apply mutatis mutandis.
18.1 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.
18.2 Lampoo shall provide all notices to the Seller at the email address or physical address provided by the Seller during the registration process to the Website. The Seller is solely responsible for keeping that information current with Lampoo.
19.1 Lampoo and the Seller are and shall always be independent contracting parties; they do not have any agency, partnership, joint venture, employment or franchising relationship.
19.2 If any provision of these T&C becomes invalid or non-binding, Lampoo and the Seller 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.
19.3 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.
19.4 The Seller may not assign these T&C or any interest the Seller have in such T&C without Lampoo’s prior written consent. Any prohibited assignment is null and void.
19.5 Headings used in these T&C are provided for convenience only and shall not be used to construe meaning or intent.
20.1 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
21.1 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 Seller has its residence or domicile, pursuant to art. 66 bis, of the Consumer Code.
21.2 Lampoo advises the Seller to first notify of any complaints by contacting Lampoo’s Legal Department writing to firstname.lastname@example.org.
21.3 The Seller 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 Seller 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.
21.4 The Seller 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 Seller declares that it has read and expressly and specifically approves the following articles:
- Article 1 (Implementation and acceptance of the T&C)
- Article 2 (Performance of the Lampoo Services)
- Article 3 (Sellers)
- Article 4 (Seller Account)
- Article 5 (Breaches)
- Article 6 (Consignment of Products)
- Article 7 (Loss or damage of Products during shipment or storage)
- Article 8 (Products acceptance conditions)
- Article 9 (Impossibility of authentication and counterfeit Products)
- Article 10 (Consignment Service Duration and Return of Products)
- Article 11 (Price determination and Management)
- Article 12 (Seller Profits and Payments)
- Article 13 (Disclaimer of warranties; Limitation of liability)
- Article 14 (Seller’s liability)
- Article 15 (Force majeure)
- Article 16 (Intellectual property rights)
- Article 17 (Withdrawal)
- Article 19 (Miscellaneous)
- Article 20 (Applicable law)
- Article 21 (Jurisdiction and dispute resolution)