GENERAL TERMS AND CONDITIONS OF USE OF THE LAMPOO SERVICES BY BUYERS REGISTERED 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 (as defined below).

This document is a legally-binding agreement between the User (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 (hereinafter, “Lampoo”), as holder and manager of the Website (as defined below).

 

1. DEFINITIONS

“Buyer” means a consumer of legal age (i.e. a natural person using any of Lampoo Services for a purpose which can be regarded as being outside its business or profession), as the case may be, Registered User on the Website or Guest User of the Website and buyer of Products.

“Lampoo Services” principally includes:

• in relation to second-hand Products which are held by Lampoo on the basis of a consignment agreement pursuant to art. 1556 et seq. of the Italian Civil Code and which are deemed by Lampoo to be suitable for sale, verification of the authenticity, quality and condition of the Products; it being understood in any case that, regardless of the assessment and inspection by Lampoo of the authenticity of the Products, the Supplier in question is and remains solely responsible for such authenticity in relation to Buyers, Lampoo and any third party;
• the offering for sale of Products - which are (i) held by Lampoo under a consignment agreement pursuant to article 1556 et seq. of the Italian Civil Code between Lampoo and the relevant Supplier (as the case may be, as owner of the Product or, in turn, as holder of the Product under a consignment agreement pursuant to article 1556 et seq. of the Italian Civil Code with a third party seller) and which are deemed by Lampoo suitable for sale, or (ii) held by a third party Lampoo's partner Supplier and which are deemed by the third party Lampoo's partner Supplier suitable for sale and sold by Lampoo, in its own name and on its own behalf, on the basis of a third party vendor agreement with such third party Lampoo's partner Supplier pursuant to art. 1478 of the Italian Civil Code; it being understood in any case that the Supplier in question is and remains solely responsible for the authenticity of the Products in relation to the Buyers, Lampoo and any third party, or (iii) owned by Lampoo - by creating and displaying a description and photographs of the Products (1) on the Website, (2) on Lampoo's mobile app (hereinafter, the “Lampoo App”), (3) in Lampoo’s sole discretion, at pop-up stores or at Lampoo’s retail stores (hereinafter, the ”Lampoo Stores”);
• the managing of all the acts related to the sale of Products through the Website and the Lampoo App, managing and execution of Purchase Orders submitted by the Users and provision post-sale assistance, it being understood that, only in the event of registration on the Website by a User (hereinafter, the “Registered User”), Lampoo will create a User’s personal page on the Website (hereinafter, the “User Account”);
• in case of a Registered User, the access and the use of the User Account by the Registered User in order to (1) purchase Products on the Website, (2) manage its personal details directly from the User Account and (3) receive post-sale assistance;
• in case of a non-registered User (hereinafter, the “Guest User”), accessing and using the Website in order to (1) purchase Products on the Website, (2) manage his/her personal information on the Website;
• in the case of sale of any Products, its packaging and shipping to each Buyer; and
• 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 items, both second hand and new, as the case may be, such as clothing, shoes, bags and accessories sold through the Website.

“Site Credit” means an account in the name of the relevant Buyer, who is a Registered User, 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, both natural and legal persons, of Products offered for sale on the Website.

“User” means any person who accesses, visits and uses the Website, whether he/she is, as the case may be, a mere visitor to the Website, a Guest User or a Registered User.

“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. As a condition for using the Lampoo Services, the User accepts and undertakes to comply with all applicable laws and regulations as well as with these T&C (as amended and/or supplemented from time to time also in consideration of possible regulatory changes).

In order to access and visit the Website, Users will be required to accept the Website's cookie policy in the first instance.

By registering with the Website, Registered Users fully and unconditionally accept these T&C.

For the purpose of purchasing a Product through the Website and prior to such purchase, Guest Users fully and unconditionally accept these T&C with the exception of Article 5 (Registered User Account) and the Registered User policy.

The Guest User has the option of printing out a copy of these T&C and storing or reproducing a copy for their own personal use.

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, also in consideration of possible regulatory changes, by publishing the amended version of the T&C on the Website and notifying the Registered User via e-mail of such amendment. It is understood that, following the amendment of the T&C, the Registered User will be entitled to withdraw from these T&C by unsubscribing from the Website. The use of the Lampoo Services 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 (i) in relation to the Registered User shall become valid and effective when the User Account will be activated by Lampoo upon the Registered 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; and (ii) in relation to the Guest User, shall take effect from the time when, before proceeding with the purchase of a Product, it is accepted by the Guest User in question and shall cease to have effect upon delivery of the purchased Product, without prejudice to the case of any post-sales assistance and the provisions of Article 14 (Withdrawal) below.

3. PRIVACY POLICY AND COOKIE POLICY

Before using the Lampoo Services, Users shall read and accept the privacy policy of Lampoo – including the cookie policies – applicable to the Lampoo Services.

All personal data provided by Users when registering on the Website and/or when purchasing a Product, as well as when using the Lampoo Services will be processed by Lampoo in accordance with applicable privacy legislation and Lampoo's privacy policy.

4. PERFORMANCE OF THE LAMPOO SERVICES

4.1 All the Lampoo Services available on the Website are provided by Lampoo and/or by third-party Lampoo’s partner Supplier.

4.2 In order to use the Lampoo Services, the User shall (i) sign in as member on the Website by following the appropriate procedure described on the Website and Article 5 below, or (ii) provide your name, surname and e-mail address and accept these T&Cs prior to a purchase as a Guest User. Lampoo reserves the right to (i) limit or make changes to the terms and conditions of use of the Lampoo Services, (ii) not activate, suspend or terminate the Lampoo Services, at any time, if the data provided by the user are incorrect or do not exist.

• 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).
• The User agrees to use the Website and the Lampoo Services exclusively to purchase Products through the Website, subject to acceptance of these T&C. The User agrees not to copy, reproduce, download, republish, sell, distribute or resell any of the Lampoo Services or any information, text, image, graphic, video, audio, directory, file, database, list and/or content available on or through the Website. It is prohibited to use any material or content available on or through the Website (hereinafter, the "Website Content"). The use of any Website Content for purposes other than those expressly permitted by these T&C is prohibited. The User undertakes not to pursue any activity aimed at undermining the integrity of Lampoo's and/or any other User's computer system and/or obtain unauthorized access to such systems.
• 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 policies 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 Lampoo 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 by phone at +39 0249462186 (during the following hours: 10.00-13.00 15.00-18.00 (CET)) or sent an e-mail at: customercare@lampoo.com.

5. REGISTERED USER ACCOUNT

5.1 In order to be granted access to the Lampoo Services, the User can request registration on the Website. The registration procedure requires the Registered User to insert its personal data (e.g., name, surname and e-mail address), to accept the T&C, Lampoo’s privacy policies and cookie policies. The registration procedure is thoroughly described on the Website.

5.2 Upon registration on the Website, Lampoo assigns an account, an ID and a password to each Registered User. Registered Users will be allowed to change their password by accessing to their User Account and following the instructions provided therein. The Registered 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 Registered User can access to the User Account by logging in and using its personal password. The Registered User is the only one responsible for keeping the login and password safe and for all activities performed on its User Account. No Registered User can share, assign or allow the use of its User Account, login or password to third parties. The Registered 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 Registered User through the e-mail provided by the latter at the time of the User’s registration on the Website. The Registered 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 Registered User accepts and acknowledges that, accordingly to praxis and internet uses, Lampoo may freely insert advertisements on the Website.

5.6 Lampoo reserves the right to reject a registration request from a User for any reason.

5.7 The Registered 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.

6. BREACHES

6.1 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 and/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.

6.2 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.

       7. PURCHASE ORDER OF THE PRODUCTS

7.1 The relevant Supplier shall keep every right to each Product until the moment such Product is purchased by the relevant Buyer.

7.2 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 may be (i) detained and put for sale by Lampoo under a consignment agreement pursuant to Article 1556 et seq. of the Civil Code entered into by Lampoo and the relevant Supplier (as the case may be, as the owner of the Product or, in turn, as the holder of the Product by virtue of a consignment agreement pursuant to Article 1556 et seq. of the Civil Code with a third party seller).

7.3 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; or (ii) detained by a third party Lampoo's partner Supplier and put on sale by Lampoo, in its own name and on its own behalf, on the basis of a third party vendor agreement with the third party Lampoo's partner Supplier pursuant to article 1478 of the Italian Civil Code; or (iii) owned by Lampoo. In any case, the Supplier in question is and remains solely responsible for the authenticity of its Products towards the Buyers, Lampoo and any third party.

Through the Website, Lampoo sells to Users Products owned by the Suppliers.

7.4 By clicking the “Place Order” button – and, in relation to the Guest User, after providing his name, surname, e-mail address and acceptance of these T&C, privacy policies and cookie policies – and by making the payment of the indicated Purchase Price for each Product, the User makes a legally binding and irrevocable Purchase Order (except as provided for in Article 14 (Withdrawal) below) with regards to each Product in the virtual cart. Once the Purchase Order is submitted, Lampoo shall send within one hour an e-mail to the Buyer to confirm the Purchase Order, pursuant to Article 51(7) of the Consumer Code (as defined below). The purchase agreement shall become effective between Lampoo and the Buyer after the latter will have 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, 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 according to the destination country and are indicated on the checkout page. If the Buyer returns the Product in accordance with the procedure provided by these T&C pursuant to Article 14 (Withdrawal) and the applicable law, only (i) the direct costs of returning the Product and (ii) any additional shipping costs, if the Buyer has expressly chosen a type of delivery other than that offered by Lampoo, shall not be refunded.

7.7 Lampoo accepts several payment methods, including but not limited to wire transfer, credit card, Pay Pal, charge on its Site Credit and cash on delivery (only available 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 and any shipping costs by the User, Lampoo undertakes to issue to the Buyer the relevant purchase confirmation or, where requested by the Buyer, the relevant invoice. Such purchase confirmation or invoice will be sent to the e-mail address provided during registration or purchase. The Buyer accepts to receive the purchase confirmation or, where required, the invoice exclusively by e-mail.

8. FAILURE OF THE BUYER TO COLLECT THE PRODUCT

8.1 If, following 3 (three) attempts of delivery by the carrier, the Product purchased by the Buyer is not delivered to the relative Buyer, such Product shall, as the case may be, be deposited at the closer carrier’s warehouse for a duration up to 7 (seven) calendar days and then returned to the sender or returned immediately to the sender. If the Product is not collected, it shall become the property of Lampoo and no further right shall be claimed by the Buyer.

9. LAMPOO’S LIABILITY

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 128 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 not 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.

10. 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 not 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 by the Buyer for the purchased Product/s on the Website and in respect of which the damage has been suffered.

11. USER’S LIABILITY

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, e-mail address and address) provided when registering on the Website, in relation to Registered Users, or during purchase, in relation to Guest Users, 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, during purchase or upon Lampoo’s request are correct, true and updated. The Registered User also undertakes to always keep the information provided on the User Account updated.

11.3 By registering on the Website or during purchase, the User accepts, also pursuant to the privacy policy of Lampoo, that all the information provided to Lampoo will be stored and processed according to the same privacy policy and to the applicable law.

11.4 The User represents and warrants that all the information it will forward to Lampoo:

1. are true, accurate, complete;
2. are not false, misleading or deceptive;
3. 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:

1. it does not use the Lampoo Services or the Website with fraudulent and/or illegal purposes;
2. it does not use the Lampoo Services nor the Website on behalf of third parties, save for cases expressly authorized in writing by Lampoo;
3. it does not perform spamming or phishing activities;
4. 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;
5. 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;
6. 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.

12. FORCE MAJEURE                                                                                                          

12.  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, epidemics, explosions, wars, governmental actions, court or national or international tribunals’ orders or underperformance by third parties.

    13. 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 directly by Lampoo 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 provided directly by Lampoo 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. WITHDRAWAL

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(fourteen) 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”). In order to exercise the right of withdrawal, the Buyer shall send a notice of withdraw from a Purchase Order relating to a Product in writing (e.g., by e-mail) to Lampoo S.r.l., Via A. Albricci no. 9, 20122 Milano (MI), telephone +39 0249462186 (during the following hours: 10.00-13.00 15.00-18.00 (CET)), e-mail address customercare@lampoo.com. For this purpose, it is possible, but not compulsory, to use the standard withdrawal form which can be downloaded at the following link: https://media.lampoo.com/Documenti_Recesso/Lampoo_Consignment_Terms_ENG.pdf.

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 eventual shipment costs (and excluding only (i) the direct costs of return (such as return costs) and (ii) any additional shipping costs, if the Buyer has expressly chosen a type of delivery other than that offered by Lampoo), in any case no later than 14 (fourteen) 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 (fourteen) 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 through the online procedure accessible directly from the User Account, for each Registered User, or from the dedicated web page, for each Guest User, using the return documents provided by Lampoo and 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 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.

15. TOLERANCE

Tolerance of Lampoo of a conduct of the User 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. COMMUNICATIONS

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: legal@lampoo.com.

16.2 Lampoo shall provide all notices (i) to the Registered User at the e-mail address or physical address provided by the Registered User during the registration process to the Website (or to the address subsequently provided into the User’s Account) and (ii) to the Guest User at the e-mail address provided by the Guest User at the time of purchase. The User is solely responsible for keeping that information current with Lampoo.

17. MISCELLANEOUS

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. APPLICABLE LAW

18.1 Without prejudice to the application of the mandatory rules of European legislation for consumer protection, 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. 6^th September 2005, n. 206, as amended from time to time, hereinafter, the “Consumer Code”) and the d.lgs. 9^th Apirl 2003, n. 70, as amended from time to time, regulating the e-commerce.

19. 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 (i) of the exclusive competence of the place of residence or domicile of the User, pursuant to art. 66 bis, of the Consumer Code or (ii) if the User does not have its residence or domicile in the territory of the Italian State, to any other mandatory forum provided for by the different applicable legislation.

19.2 Lampoo advises the User to first notify of any complaints by contacting Lampoo’s customer service via the following e-mail address: legal@lampoo.com.

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 the Conciliation Service of the Chamber of Arbitration of Milan (Servizio di Conciliazione della Camera Arbitrale di Milano), an independent and institutional service provided by the Chamber of Commerce of Milan – Monza – Brianza - Lodi.

19.4 The User is also entitled to use the online dispute resolution procedure available at https://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 Policy and Cookie Policy)

- Article 4 (Performance of the Lampoo Services)

- Article 5 (Registered 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)