The general conditions of sale on line

1- These general conditions of sale online
hereinafter CGV, govern the contract of sale online, hereinafter the contract, products offered by LOFT PRIVATO Srl, cf and Piva and registration number in the Register of Companies of TREVISO - BELLUNO 04964330262, with registered office in Codognè (TV) - Via del Lavoro n.18, pec address loftprivato@cgn.legalmail.it, e-mail address assistenza@loftprivato.com, share capital i.v. € 45,000, hereinafter LPS, through its website www.loftprivato.com, hereinafter the site, to users of the site, hereinafter the customers. The product offers are effective for the time of publication on line. In particular, due to differences in colour rendering by Internet navigation software and/or display screens, LPS is unable to guarantee a perfect representation of the products on the site and therefore cannot be held responsible for the inaccuracy of the photographs published, which will therefore only have indicative effect. In the event of a change by LPS of these General Terms and Conditions, those published at the time the order is placed by the Customer shall be deemed to be effective between the parties. These General Terms and Conditions supersede all previous agreements, understandings, negotiations, written or oral between the parties. If the Customer does not accept these Terms and Conditions, it will be impossible to make purchases on the website. Purchases on the website are permitted only to persons of legal age. The Customer, before placing the purchase order, will also specify whether in the purchase of such product acts as a Consumer or as a Professional. For the purposes of these General Terms and Conditions, consumer customers, hereinafter referred to as "Consumers", are defined as natural persons acting for purposes other than their business, commercial, craft or professional activity, if any, pursuant to Legislative Decree no. 206/2005, hereinafter referred to as the Consumer Code, art. 3, paragraph I, letter a). For the Consumer Customer, please refer in particular to the provisions of the aforementioned Consumer Code - Part III - Title III - Chapters I and II. Professional Customer, hereinafter referred to as Professional, means the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity, or an intermediary, in accordance with the Consumer Code, art. 3 paragraph I letter c);

2 - price of products
The offers published on the site are available in limited time and with limited quantities of products. The validity date of the offers is indicated on the website. The price of the products, expressed in Euro and including VAT at 22%, is that published on the site at the time of sending the purchase order by the customer. The price of the product does not include the delivery costs borne by the customer, regulated in the following article and detailed in the purchase order. If, due to unforeseeable inconveniences or technical failures beyond LPS's control, the price indicated on the website is manifestly lower than the price actually applied to the goods offered, LPS will contact the Customer without delay, who may choose whether to pay the difference in price and receive delivery of the goods or to obtain immediate cancellation of the order, with the simultaneous refund of the price and delivery costs paid;

3- delivery costs
The delivery of the product will be made by carriers and specialized operators, appointed by LPS. The delivery costs are borne by the customer, as well as any customs charges, to know the amounts, please refer to the page Delivery of the product you purchased. It is the customer's responsibility to provide all the information necessary for the execution of the delivery, and verify that the information on the purchase order is correct and complete;

4- purchase order
The purchase order will be made online through the site, following the instructions that appear from time to time on the Site and that will accompany the different stages of purchase. The purchase order procedure will be correctly completed if the site does not show any error message. Please note that the system will not detect errors with reference to the data entered by the customer in the field dedicated to the addresses for billing and delivery. Before sending the purchase order, the customer will be asked to verify the correctness of the same, following the instructions from time to time indicated on the Site and that will accompany the different stages of the purchase;

5- terms and conditions of payment
The payment of the product price and delivery costs will be made online at the time of sending the order by the customer. Payment can be made by Credit Card and PayPal. Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol. At the time of payment, the Customer will declare to have any necessary authorizations to use the payment instrument indicated in the order. The Customer registered on the site may ask the Customer Service to proceed with the payment by bank transfer. LPS will assess at its sole discretion, for each individual purchase order, whether or not to grant the Customer such a possibility. In the event of failure by LPS to receive payment, LPS reserves the right to cancel the order. In the case of payment by credit card, LPS reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, LPS may refuse payment and cancel the order. After payment, LPS, if requested, will issue the relevant invoice on the basis of the information provided by the Customer, the invoice will be sent to the e-mail address provided by the Customer during the order formation or registration on the site.

6- conclusion of the sales contract
The sales contract shall be deemed to have been concluded between LPS and the Customer upon receipt by LPS of the purchase order made by the Customer and simultaneous payment of the price and delivery charges. LPS will acknowledge receipt of the purchase order by sending an e-mail confirming the order to the e-mail address provided by the Customer. This confirmation will summarize the products purchased, their prices, delivery costs, the means of payment used, the delivery address, the order number and estimated delivery date, the procedures for exercising the right of withdrawal as well as the indication of service support LPS reminds the Customer to check with the utmost care and attention the correctness of the data contained in the order confirmation and to communicate to LPS within the next day the request for any changes. It is possible that occasional unavailability of the products offered on the site may occur. If the products purchased by the Customer are not, in whole or in part, available, LPS will notify without delay. In these cases, the order will be considered canceled (with consequent termination of the sales contract) for the part relating to the product not available and will be reimbursed the price and delivery costs incurred by the customer immediately, and in any case within thirty days from the day after the order. The amount of the refund will be communicated by e-mail, and credited to the same means of payment used for the purchase;

7- Delivery
Except for the cancellation of the order for the cases provided for in the previous articles, the delivery of the product will be made by carriers and specialized operators appointed by LPS, with costs borne by the customer, on the estimated date of order confirmation (to be considered indicative) and in any case within 30 days after receipt by LPS of the purchase order, except in special cases expressly indicated (for example, the delivery terms of products purchased in flash-sale promotion will begin from the date of termination of the promotion).
The products are delivered to the address indicated by the customer in the purchase order. The delivery is intended to the street level.
LPS is not responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Post boxes are not considered valid addresses for the purpose of delivery.
Upon delivery of the products to the carrier, will be sent to the customer an e-mail confirming the shipment. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays.
Upon delivery, the customer is asked to verify the correspondence of the product to what was ordered and the integrity of the packaging. If the customer notices that the product is not as ordered or that the packaging is not intact, he must write on the delivery note his reservations, detailed and dated. These reservations must be confirmed by the Customer to LPS by registered letter with acknowledgment of receipt to be sent to Customer Service Service Private Loft Service Srl, Via del Lavoro n. 18 - 31013 Codognè (TV) within 3 working days after delivery of the products.
In case of failure to report as above, the customer will not be able to claim against LPS.
The delivery document issued by the carrier, dated and signed by the Customer on delivery of the product, will constitute proof of delivery of the same;

8 - collection of the products in case of absence of the Customer
In case of absence of the consignee at delivery, the carrier will leave a notice of passage to the delivery address specified by the Customer. In case of absence of the consignee even at the second attempt of delivery, the products must be collected by the Customer at the address and in the manner specified by the carrier in a second notice.
In the event of failure to collect within the period and to the address specified in the second notice, the products will be returned to LPS which reserves the right to terminate the contract of sale, with reimbursement of the price of the products and with shipping and storage costs borne by the customer;

9 - right of withdrawal
LPS also recognizes to the professional customer the right of withdrawal established by law in favor of the consumer customer, pursuant to Articles. 52 et seq. of the Consumer Code, without having to provide any reasons. This withdrawal must be exercised within 14 days from the date of delivery of the product.

The right of withdrawal is exercised by sending a notice of withdrawal by registered letter a / r to be delivered to customer service - Loft Private Srl, Via del Lavoro n. 18 - 31013 Codognè (TV) or from the pec address of the customer to the pec address loftprivato@cgn.legalmail.it
To facilitate the customer LPS provides this form that can be used for communication of withdrawal.

Customer service - Loft Privato Srl, Via del lavoro n. 18 - 31013 Codognè (TV)
or from the Customer's pec address to the pec address loftprivato@cgn.legalmail.it
I hereby, the undersigned ... resident in ... - Via ... n..., notify the withdrawal from the contract of sale of the following products ... (product code) in the order No ... of ..., received on ... Date and Signature]
As a result of the exercise of the withdrawal, the sales contract is terminated.
The customer, at its own exclusive care and expense, will then return to LPS at Loft Privato Srl, Via del lavoro n. 18 - 31013 Codognè (TV), the product within fourteen days from the date of dispatch of the notice of withdrawal. The product is deemed returned when it is delivered to the post office or courier accepting.
The product must be returned intact, in the packaging and with all the related documentation, failing which the return of the product will be refused and the withdrawal will not take effect. The customer will not be held solely responsible for the reduction in value of the product resulting from the handling of the product necessary to establish the nature, characteristics and functioning of the same.
LPS will reimburse the Customer for payments received in relation to the purchase of the product, including delivery costs. The amount will be refunded through the same means of payment used by the customer for the initial transaction, unless otherwise requested by the customer and provided that the customer does not have to bear any cost as a result of the refund. LPS, in accordance with and for the purposes of art. 56 of the Consumer Code, reserves the right to withhold the refund until it has received the product or until the Customer has demonstrated that he has returned it, depending on which situation occurs first;

If the product does not have the promised qualities or those essential for the use for which it is intended, the customer has the right to obtain the termination of the contract according to the general provisions on termination for non-performance. The right to obtain termination is subject to the forfeiture and prescription provided for the warranty for defects, described above;

10- Warranty of conformity
LPS also recognizes to the professional customer the guarantee of conformity established by law in favor of the consumer customer by the Consumer Code in Articles. 128 et seq.
If the time of delivery of the product does not conform to the contract of sale and this lack of conformity manifests itself within two years of delivery, the customer can then request, at their own choice, the repair of the product or its replacement, at no cost in either case, unless the remedy requested is objectively impossible or excessively expensive compared to the other.
The Customer may also request, at his own choice, a reasonable reduction in price or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively expensive; b) the seller has not provided for the repair or replacement of the product within a reasonable period; c) the replacement or repair previously carried out has caused significant inconvenience to the customer. The use of the product shall be taken into account when determining the amount of the reduction or the amount to be returned.
The Customer must report the alleged lack of conformity within two months from the date on which he discovered the defect, by registered letter with return receipt to be sent to Customer Service - Loft Privato Srl, Via del lavoro n. 18 - 31013 Codognè (TV) or from the pec address of the Customer to the pec address loftprivato@cgn.legalmail.it.
The report is not necessary if LPS has recognized the existence of the defect or has concealed it. Unless proven otherwise, it is assumed that defects of conformity that occur within six months of delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the lack of conformity.


Following the notification of the lack of conformity, LPS may offer the Customer any other available remedy, with the following effects: a) if the Customer has already requested a specific remedy, LPS remains obliged to implement it, unless the Customer accepts the alternative remedy proposed; b) if the Customer has not already requested a specific remedy, the Customer must accept the proposal or reject it by choosing another remedy, bearing in mind that a minor lack of conformity, for which it has not been possible or excessively costly to carry out the remedies of repair or replacement, does not entitle the Customer to terminate the contract.
In the event of replacement or repair of the product, the terms of the warranty relating to the product given as a replacement or resulting from the repair shall be the same as those of the original product. Therefore, the total two-year duration of the Warranty will start from the delivery of the original product. The action aimed at asserting defects not fraudulently concealed by the seller is prescribed, in any case, within twenty-six months of delivery of the product, the customer, who is agreed to perform the contract, can still rely on the warranty, provided that the lack of conformity has been reported within two months of discovery and before the expiration of the described period of twenty-six months from delivery of the product.
In the event of termination of the contract, LPS will refund the price paid by the Customer, in addition to shipping costs.
In the event of a price reduction, LPS will refund the amount of the reduction previously agreed with the Customer. In any case, the amount of the refund will be communicated to the Customer by e-mail and credited to the means of payment used by the Customer for the purchase.
The Customer will have to agree with the Customer Service the method of shipment of the goods. Excluded from the scope of the warranty under this article are products repaired, modified or in any way altered by the Customer, as well as any failures or malfunctions or other defects caused by accidental events or liability of the Customer or a use of the product not in accordance with its intended use and / or as provided in the technical documentation attached to the product, if any, or in the instructions for use relating to it.
The Customer also enjoys the additional protections and guarantees provided by current legislation, in particular by the Civil Code on the subject of the sale contract;

11 - legal guarantee provided for by the Italian Civil Code on the subject of the sales contract
The legal guarantee provided by the Italian Civil Code regarding the purchase contract provides, among other things, that if at the time of delivery the product is affected by defects that make it unsuitable for the use for which it is intended or significantly reduce its value, the customer can request at his own choice the termination of the contract or the reduction of the price. If the product is lost as a result of defects, the customer is entitled to terminate the contract, but if it is lost as a result of chance or fault of the customer, or if the latter has sold or transformed, he can only demand a reduction in price. No guarantee is due if at the time of the contract the buyer was aware of the defects of the product; likewise no guarantee is due if the defects were easily recognisable unless, in this case, LPS has declared that the product was free of defects.
In the event of termination of the contract, LPS will return the price and reimburse the customer to the buyer for the costs legitimately incurred for the purchase; the customer will return the product, if it is not lost as a result of the defects. In addition, LPS is obliged to compensate the Customer for damages resulting from product defects, which he will prove to have suffered, if he does not prove to have been negligent in ignoring the defects of the thing.
The Customer forfeits the right to warranty if he does not report the defects to LPS within eight days of discovery, by registered letter with return receipt to be sent to Customer Service - Loft Private Srl, Via del Lavoro n. 18 - 31013 Codognè (TV) or from the pec address of the Customer to the pec address loftprivato@cgn.legalmail.it. The complaint will not be necessary if LPS has recognized the existence of the defect or has concealed it.
The action is prescribed, in any case, within one year of delivery, but the customer, who is agreed for the performance of the contract, may enforce the warranty, provided that the defect of the product has been reported within eight days of discovery and before the end of the year after delivery.


If the product does not have the promised qualities or those essential for the use for which it is intended, the customer has the right to obtain the termination of the contract according to the general provisions on termination for non-performance. The right to obtain termination is subject to the forfeiture and prescription provided for the warranty for defects, described above;


12- Manufacturer's liability for damage from defective product, in favor of the consumer customer
In accordance with the Consumer Code, articles 114 et seq., the Producer is responsible towards the Consumer Customer for damage caused by defects in his product. For the purposes of these General Terms and Conditions, producer means the manufacturer of the finished product or one of its components and the producer of the raw material, in accordance with the Consumer Code, art. 115. It should be noted that the identity of the Producer (or in the absence of anyone who has supplied LPS with the product) is indicated by LPS in the technical specifications of the product itself. In the event that such indication is not present, the consumer Customer is invited to contact the Customer Service. According to art. 117 of the Consumer Code, a product is defective when it does not offer the safety that can legitimately be expected in all circumstances and does not offer the safety normally offered by other copies of the same series, a product can not be considered defective for the sole fact that a more perfected product has been on the market at any time.
The damaged party is responsible for proving the defect, the damage and the causal connection between the defect and the damage. The right to compensation is limited to three years from the day on which the injured party had or should have had knowledge of the damage, the defect and the identity of the person responsible. The right to compensation expires ten years after the day on which the manufacturer or importer into the European Union put the product that caused the damage into circulation. The provisions of this Article shall not exclude or limit the rights of the injured party under other laws;

13 - copyright, intellectual and industrial property rights
LPS informs that the site and the elements published on it, including for example logos, trademarks, distinctive signs, texts, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, colors, schemes, tools, fonts and design of the website, the diagrams, layouts, methods, processes, functions and software are protected by copyright and all other intellectual property rights and that any reproduction, communication, distribution, publication, alteration or transformation, exploitation in any form and for any purpose is prohibited. LPS reserves the right to take legal action to protect these aspects. LPS does not assume any responsibility for the trademarks and other distinctive signs that appear on products marketed by it on the site, in respect of which the customer does not acquire any rights following the conclusion of the contract;

14 - use of the site
LPS does not assume any responsibility for problems caused to the Customer by the use of the site and the technologies used, as they do not depend on its own will.
The responsibility for navigation on the site is entirely borne by the user. LPS cannot be held responsible for failures, errors or computer viruses that may hinder the continuity of access to its site or malfunctions that may occur in the user's PC following access to the site. Consequently, LPS will not be required to repair any direct or indirect damage that may, for example, be related to the use, access to the site or downloading of elements contained in the site (images, text, video files);

15 - registration to the site
The customer can buy on the site without being registered.
Registration on the site is free and does not imply any commitment. To register the customer must fill out the registration form, entering first name, last name, tax code, residence or domicile in Italy, any VAT number, e-mail address and a password (so-called registration credentials). The registration is confirmed by email sent to the address provided by the user. The registration credentials must be used exclusively by the customer and can not be transferred to third parties. The Customer must notify LPS without delay in the event of suspected misuse of the same.
The Registration Credentials may be changed by the user at any time through access to their account. The Customer guarantees that the Registration Credentials provided are complete, correct and true. The Customer agrees to hold LPS harmless from any obligation to indemnify, sanction or in any way related to the violation by the Customer of the rules on registration to the Site. The Customer is solely responsible for accessing the Site through the Registration Credentials and is directly liable for any damage or injury caused to LPS or third parties by improper use, loss, misappropriation by others or failure to protect adequate confidentiality of their Registration Credentials. All operations carried out through the Registration Credentials are considered carried out by the Customer to whom the Registration Credentials refer. The Customer may at any time cancel his/her registration by sending an email to assistenza@loftprivato.com;

16 - Protection of personal data
LPS is the owner of the personal data collected at the time of registration on the site, as well as those communicated at the time of purchase by the customer for the purposes of executing the contract and for any consent to receive commercial information. For the data relating to the payment procedure, please refer to the banks through which the transaction takes place.
Before submitting the order, the Customer shall read the information regarding the processing of personal data as per art. 13 of European Regulation no. 2016/679, which can also be downloaded from the page Privacy and cookies.
In particular, the customer has the rights under art. 13 of European Regulation no. 2016/679 and that is, the right to obtain:

For the purposes of receiving commercial information, the Customer expressly gives his consent, which can be found in the Section...
The data controller is Loft Privato S.r.l., with registered office in Via del Lavoro 18 - 31013 Cimavilla (TV) and e-mail address amministrazione@loftprivato.com.
LPS protects the privacy of its customers and guarantees that the processing of data complies with the provisions of current legislation on privacy. The personal and fiscal data acquired by LPS, the data controller, are collected and processed in paper, electronic and telematic form, in relation to the methods of treatment, with the purpose of registering the order and activate the procedures for the execution of this contract and the necessary communications, in addition to fulfilling any legal obligations, and to allow an effective management of business relationships to the extent necessary to better perform the service requested. LPS is obliged to treat as confidential the data and information transmitted by the Customer and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties.
The acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a safe manner. For access to the sales contracts concluded, the customer can access their account if registered on the site or, failing that, in the Section ...
It should be noted that sales contracts are stored and archived by LPS in digital/paper form on the server/at the Supplier's premises, according to criteria of confidentiality and security.

17 - effectiveness of click acceptance
LPS reminds its customers that each click of validation on the site has the same value between the parties as a handwritten signature;

18- Limitations of liability
Neither Party shall be liable for the total or partial non-fulfilment of its obligations to the extent that such non-fulfilment is due to unforeseen circumstances or the occurrence of a force majeure element such as, but not limited to, flooding, fire, storm, lack of raw materials, transport strike, partial or total strike or lockout. The Party affected by the delay shall notify the other of the occurrence of the event of force majeure as soon as possible and at the latest within five (5) working days from the occurrence of such event, by registered letter with return receipt to be sent respectively to the Customer Service - Loft Privato Srl, Via del Lavoro n. 18 - 31013 Codognè (TV) or from the Customer´s pec address to the pec address loftprivato@cgn.legalmail.it and to the invoicing address (and alternatively shipping address) indicated by the Customer.
The parties must agree as soon as possible in order to determine together the manner of execution of the order for the duration of the case of force majeure.
If the case of force majeure has a duration of existence of more than one (1) month, the purchase order will be canceled and the sales contract will be terminated, with the consequent obligations to reset. LPS is not responsible towards the Customer, except in the case of gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control. LPS is not liable to the customer for damages, losses and costs incurred as a result of failure to perform the contract for reasons not attributable to him.

19 - communications, complaints and requests for information
For communications, complaints, reports and requests for information from customers, LPS indicates the following contact details: e-mail to assistenza@loftprivato.com; by mail to Customer Service - Loft Privato Srl, Via del Lavoro n. 18 - 31013 Codognè (TV); telephone 0438 794015 from Monday to Friday, from 9 am to 5 pm.

20- invalidity or partial ineffectiveness of these GCS
If one or more of the provisions of these General Terms and Conditions is declared invalid and/or ineffective, the remaining provisions shall remain in full force and effect.

21- applicable law
Italian law applies to the relationship between LPS and the Client. These General Terms and Conditions are in particular governed by the Consumer Code, the rules on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments and integrations) and the Civil Code.
Pursuant to art. 60 of the Consumer Code, the regulations contained in Part III, Title III, Chapter I of the Consumer Code are expressly referred to herein.

22- competent court
For disputes relating to the relationship between LPS and the consumer customer, the competent court is that of the place of residence or domicile of the consumer, located in the territory of the Italian State.
For disputes relating to the relationship between LPS and the professional Client, the parties by mutual consent establish the exclusive jurisdiction of the Court of the registered office of LPS.
LPS points out that for the resolution of disputes relating to the relationship between LPS and the Client, it is also possible to resort to procedures for the out-of-court resolution of disputes. In this regard, reference should be made to www.risolvionline.com, a body of the Milan Chamber of Commerce and part of the European network for the out-of-court settlement of disputes.
Status: 26 November 2018
Before forwarding the purchase order, the customer will be asked to confirm that he has read and fully accepted these GCS.
Pursuant to and for the purposes of Articles. 1341 and 1342 cc, the customer will also be asked for specific approval of the contractual clauses provided for in the following articles:
1-object; 2-price of products; 3 delivery charges; 4-order purchase; 5-term and method of payment; 6-conclusion of the sales contract; 7-delivery; 8-collection of products in the absence of the customer; 9-right of withdrawal of the consumer customer; 10-conformity guarantee in favor of the consumer customer; 11-legal guarantee provided by the Civil Code on the subject of the contract of sale; 12 - Producer's liability for damage caused by a defective product, in favour of the consumer customer; 13 - Copyright, intellectual and industrial property rights; 14 - Use of the site; 15 - Site registration; 16 - Protection of personal data; 17 - Effectiveness of acceptance of the click; 18 - Limitations of liability; 19 - Communications, complaints and requests for information; 20 - Invalidity or partial ineffectiveness of these GCS; 21 - Applicable Law; 22 - Competent Court.