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Terms of Sale for Luscioux.eu Effective from July 15, 2022 1. Scope of Application and Conclusion of Contract 1.1 These General Terms and Conditions of Sale govern the offer and sale through the website www.luscioux.eu (the Site) of the products and/or services displayed on it. 1.2 The sale of Products through the Site constitutes a distance contract regulated by Chapter I, Title III (articles 45 and following) of Legislative Decree September 6, 2005, no. 206 ("Consumer Code") and Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce. 1.3 These Sales Conditions apply to all sales of Products made by Omnia Group S.r.l. through the Site (''Sales Conditions'' or ''SC''). They may be modified at any time. Any changes will be effective from the moment of their publication on the Site in the ''Sales Conditions'' section, located in the footer of each page of the Site. Users are therefore encouraged to regularly access the Site and review, before making any purchase, the most updated version of the Sales Conditions. 1.4 The applicable Sales Conditions are those in effect on the date of transmission of the purchase order for a Product. 1.5 Before proceeding with the purchase of Products through the Site, the user is required to carefully read these General Terms and Conditions of Sale, which Omnia Group S.r.l. provides in the "Sales Conditions" section of the Site and allows for storage and reproduction. Additionally, the user should review all other information provided by Omnia Group S.r.l. on the Site both before and during the purchase procedure. 1.6 These Sales Conditions do not govern the sale of products by entities other than Omnia Group S.r.l. that are present on the Site through links, banners, or other hypertext links. Before engaging in commercial transactions with such entities, it is necessary to verify their sales conditions. Omnia Group S.r.l. is not responsible for the provision of services and/or the sale of products by such entities. On websites accessible through such links, Omnia Group S.r.l. does not conduct any control and/or monitoring. Therefore, Omnia Group S.r.l. is not responsible for the content of such sites, nor for any errors and/or omissions and/or violations of the law by them. 2. Purchases on the Site 2.1 The purchase of Products through the Site can only take place after registering on the Site as outlined in Article 3 below and is allowed for both users with the status of consumers and users without such status. Individuals are allowed to make purchases only if they have reached the age of 18. 2.2 According to Article 3, Paragraph 1, Letter a) of the Consumer Code, it is clarified that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out. 2.1 The purchase of Products through the Site can only take place after registering on the Site as outlined in Article 3 below and is allowed for both users with the status of consumers and users without such status. Individuals are allowed to make purchases only if they have reached the age of 18. 2.2 According to Article 3, Paragraph 1, Letter a) of the Consumer Code, it is clarified that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out. 2.3 In the case of orders, from any source, that appear anomalous in relation to the quantity of products purchased or the frequency of purchases made, Omnia Group S.r.l. reserves the right to take all necessary actions to cease irregularities, including suspending access to the Site, canceling registration on the Site, or not accepting/canceling irregular orders. 2.4 Omnia Group S.r.l. reserves the right to refuse or cancel orders from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these Sales Conditions and/or the conditions and/or terms of purchase agreement with Omnia Group S.r.l.; (iii) a user involved in any type of fraud, especially fraud related to credit card payments; (iv) users who have provided false, incomplete, or inaccurate identification data or who have not promptly submitted to Omnia Group S.r.l. the documents requested as part of the procedure outlined in Articles 9.1.3 and 9.1.4 below, or who have submitted invalid documents. 3. Site Registration 3.1 Site registration is free. To register on the Site, the user must fill out the appropriate form, providing their name, surname, email address, and a password, and click the ''Continue'' button. In the case of registration during the purchase process, the user will also be required to • seguire il tracking della spedizione e lo stato degli ordini; • consultare il proprio storico ordini; • accedere ai servizi di assistenza post vendita; • gestire i propri dati personali e modificarli in ogni momento; • usufruire dei servizi dedicati che possono essere di volta in volta attivati da Omnia Group S.r.l.. 3.2 Le credenziali di registrazione (indirizzo e-mail e password) devono essere utilizzate esclusivamente dall’utente e non possono essere cedute a terzi. L’utente si impegna a tenerle segrete e ad assicurarsi che nessun terzo vi abbia accesso e a informare immediatamente Omnia Group S.r.l., contattandola ai numeri di cui all’art. 15 che segue, nel caso in cui sospetti o venga a conoscenza di un uso indebito o di una indebita divulgazione delle stesse. A ciascun utente è consentito registrarsi al Sito per una sola volta. E’ vietato allo stesso utente di effettuare registrazioni multiple. Nel caso in cui Omnia Group S.r.l. dovesse rilevare che un medesimo utente ha effettuato più registrazioni sul Sito, Omnia Group S.r.l. si riserva la facoltà di procedere, immediatamente e senza necessità di preavviso, al blocco del relativo account su Luscioux.eu. • track shipment and order status; • view order history; • access after-sales support services; • manage personal data and modify it at any time; • take advantage of dedicated services that may be activated by Omnia Group S.r.l. from time to time. 3.2 Registration credentials (email address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them confidential and ensure that no third party has access to them, promptly informing Omnia Group S.r.l., contacting them at the numbers specified in Article 15 below, in case of suspected or known misuse or unauthorized disclosure. Each user is allowed to register on the Site only once. It is prohibited for the same user to make multiple registrations. In the event that Omnia Group S.r.l. discovers that the same user has made multiple registrations on the Site, Omnia Group S.r.l. reserves the right to immediately and without notice block the corresponding account on Luscioux.eu. 3.3 The user guarantees that the personal information provided during the Site registration process is complete and truthful, and undertakes to hold Omnia Group S.r.l. harmless and indemnified from any damage, compensatory obligation, and/or sanction arising from and/or in any way connected to the user's violation of the rules regarding Site registration or the safekeeping of registration credentials. 4. Information for the Conclusion of the Contract 4.1 In accordance with Legislative Decree April 9, 2003, no. 70, containing provisions on electronic commerce, Omnia Group S.r.l. informs the user that: 1. to conclude the purchase contract for one or more Products on the Site, the user must fill out an electronic order form and transmit it to Omnia Group S.r.l., electronically, following the instructions that will appear on the Site from time to time; 2. the contract is concluded when the order form reaches Omnia Group S.r.l.'s server; 3. Before proceeding with the submission of the order form, the user can identify and correct any data entry errors following the instructions provided on the Site during the various stages of the purchase; 4. The order form will be stored in the database of Omnia Group S.r.l. for the time necessary for its execution and, in any case, within the legal terms. The user can access the order form and/or the related data through their personal account. 4.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in the same language. 5. Product Availability 5.1 The Products available for purchase from Omnia Group S.r.l. through the Site are the items listed in the electronic catalog published on the Site at the time of placing the order. The Products may belong to various product categories (such as, purely for example, home appliances, technological products, leisure and sports products, well-being and health products, books, films and DVDs, DIY products). 5.2 Each Product is accompanied by an informative page illustrating its main features (''Product Page''). Products may be "available" ("Available Products") or temporarily unavailable. For each product, it is indicated whether it is: – "available": this means that the product is in Omnia Group S.r.l.'s inventory and, therefore, ready for shipping, except in cases where, due to exceptional and unforeseeable events, the product, at the time of retrieval from the warehouse, is unsellable because it is missing or damaged and cannot be shipped, and there are no other identical products available for delivery. By completing the purchase process, the customer immediately proceeds to purchase the product, according to the procedures indicated on the Site. – "not available": this means that the product is not in Omnia Group S.r.l.'s inventory and, therefore, cannot be temporarily ordered. For each order received, Omnia Group S.r.l. will send the user an order confirmation email containing the order's assigned identification number. 5.3 The availability of Available Products is monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that multiple users purchase the same Product at the same moment. In such cases, the Product may appear available for a brief period, while it is actually sold out or not immediately available, as it may require restocking. 5.4 If the Product is no longer available for the reasons mentioned above or in other cases of unforeseen unavailability of the Product, subject to the rights granted to the user by law, particularly by Chapter XIV of Title II of Book IV of the Civil Code, Omnia Group S.r.l. will immediately notify the user via email ("Unavailable Product Warning Email"). The user can then immediately terminate the contract, pursuant to and for the purposes of what is provided for in art. 61, IV and V paragraphs, of the Consumer Code, except for the right to compensation for damages, or alternatively, and without prejudice to this right, accept one of the following proposals from Omnia Group S.r.l.: (i) if restocking of the Product is possible, an extension of the delivery terms, specifying the new delivery date for the restocked Product; (ii) if restocking of the Product is not possible, the supply of a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to the express acceptance of the user. The Unavailable Product Warning Email will also include indications of the different available options for the user. The user's choice must be communicated to Omnia Group S.r.l. by email, at the address specified in article 15 below, within the deadline indicated in the Unavailable Product Warning Email. This deadline may vary, depending on the type of Product, but in any case, it will not exceed 30 calendar days from the date of order dispatch, unless otherwise agreed between Omnia Group S.r.l. and the user via email. The resolution of the purchase contract under this paragraph entails the resolution of any connected credit contract and any additional contracts (such as, for example, the contract for the purchase of Additional Paid Assistance Services, as defined in article 14 below). 5.5 In case the user exercises the right of resolution according to art. 61, IV and V paragraph, Consumer Code, or in case the user, upon being informed of the sudden unavailability and the different options available, as per art. 5.4 preceding, fails to communicate any choice to Omnia Group S.r.l. within the deadline set in the Unavailable Product Warning Email or the different agreed-upon deadline, under art. 5.4 preceding, and the payment of the total amount due, consisting of the Product price, delivery charges if applicable, and any other additional costs as per the order ("Total Amount Due") has already occurred, Omnia Group S.r.l., without prejudice to the user's right to compensation for damages, will refund the Total Amount Due without undue delay and in any case within 14 working days* from the day of contract resolution or, respectively, from the day following the expiration of the deadline indicated in the Unavailable Product Warning Email or the different agreed-upon deadline. The refund amount will be communicated to the user via email. This amount will be credited to the same payment method used by the user for the purchase. In the case of credit card payment, any delays in crediting may depend on the bank, type of credit card, or payment solution used. In other cases, Omnia Group S.r.l. will request the user to provide, via email, the necessary bank details for the refund transaction. The resolution of the purchase contract under the preceding articles entails the resolution of any connected credit contract and any other potential accessory contracts. 5.6 In the case of orders comprising multiple Products ("Multiple Order"), if the sudden unavailability concerns only certain Products within the Multiple Order—subject to the user's rights under the law, and in particular, under Book IV, Title II, Chapter XIV of the Civil Code, and subject to the application of articles 5.4 and 5.5 above; if the sudden unavailability concerns all Products within the order—Omnia Group S.r.l. will immediately notify the user through the Unavailable Product Warning Email. The user may then immediately terminate the contract, limited to the Product and/or Products that have become unavailable, pursuant to and for the effects of what is provided in art. 61, IV and V paragraph, Consumer Code, without prejudice to the user's right to compensation for damages or, alternatively and subject to this right, accept one of the following proposals from Omnia Group S.r.l.: 61, IV and V paragraphs, Consumer Code, while retaining their right to compensation for damages, or alternatively and subject to this right, accept one of the following proposals from Omnia Group S.r.l.: (i) if it is possible to restock the Products that have become unavailable in the Multiple Order, an extension of the delivery terms for those Products, specifying the new delivery date for them; (ii) if restocking of the unavailable Product and/or Products is not possible, the supply of different products, of equivalent or higher value, in substitution for the Products that have become unavailable in the Multiple Order, upon payment, in the latter case, of the difference and subject to the express acceptance of the user. The Unavailable Product Warning Email will also include indications of the various available choices for the user. The user's choice must be communicated to Omnia Group S.r.l. via email, at the address provided in art. 15 below, within the deadline indicated in the Unavailable Product Warning Email. This deadline may vary, even based on the type of Product, but, in any case, it cannot exceed 30 calendar days from the date of order dispatch, unless otherwise agreed upon between Omnia Group S.r.l. and the user via email. The resolution of the purchase contract under this paragraph entails the resolution of any connected credit contract and the resolution of any other possible accessory contracts that are partially resolved only if the connection and accessory nature relate to the unavailable Product(s). 5.7 In case the user exercises the right of resolution according to art. 61, IV and V paragraphs, Consumer Code, the purchase contract relating to the unavailable Product and/or Products will be partially resolved, limited to such Product(s), with the consequent refund, if already paid, of the amount due for these Products, including any other additional costs specifically related to these Products ("Partial Amount Due"); the resolution of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products subject to the Multiple Order that have become unavailable compared to the other available Products subject to the Multiple Order. The Partial Amount Due in relation to the Product(s) that have become unavailable will be refunded to the user without undue delay and in any case within 14 working days* from the day of contract resolution. In case the user, upon being informed of the sudden unavailability and the different options available, under art. 5.4 preceding, fails to communicate any choice to Omnia Group S.r.l. within the deadline set in the Unavailable Product Warning Email or the different agreed-upon deadline, under art. 5.6 preceding, Omnia Group S.r.l., without prejudice to the user's right to compensation for damages, will proceed to refund the Partial Amount Due without undue delay and in any case within 14 working days* from the day following the expiration of the deadline indicated in the Unavailable Product Warning Email or the different agreed-upon deadline. The refund amount will be communicated to the user via email. This amount will be credited to the same payment method used by the user for the purchase. In the case of credit card payment, any delays in crediting or debiting may depend on the bank, type of credit card, or payment solution used. In other cases, Omnia Group S.r.l. will request the user to provide, via email, the necessary bank details for the refund transaction. The resolution of the purchase contract under the preceding articles entails the resolution of any connected credit contract and the resolution of any other possible accessory contracts. 6. Product Information 6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of users' computer systems. The images of the Products on the Site may also differ in size or in relation to any accessories. These images should be considered as indicative and with usage tolerances. For the purchase contract, the description of the Product contained in the order form transmitted by the user will prevail. 7. Prices 7.1 All Product prices published on the Site are in euros and, unless otherwise indicated, inclusive of VAT. Delivery charges, which may vary depending on the chosen delivery method and/or payment method used, will be specifically indicated (in euros and inclusive of VAT) during the purchase process, before the user is bound by the contract, in the order summary and in the order confirmation email. 7.2 Omnia Group S.r.l. reserves the right to change the prices of the Products at any time, possibly multiple times during the same day. It is understood that the price of the Product charged to the user will be the one indicated in the order summary, displayed by the user before placing the order, and any subsequent variations (increase or decrease) after the order is transmitted will not be taken into account. 7.3 In the case of a Product offered on the Site at a discounted price, the Site will indicate (i) the full reference price against which the discount is calculated and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will only be made if the full reference price of the Product corresponds to its actual market price. 7.4 In case the user, under legal conditions, intends to request the application of the reduced VAT rate of 4%, as provided for in art. 2, paragraph IX, of Law February 28, 1997, no. 30, in relation to the purchase of technical and computer aids, under art. 2, paragraph 9, of the legislative decree December 31, 1996, no. 669 (converted by Law February 28, 1997, no. 30), and Ministerial Decree of March 14, 1998, as well as aids for subjects with permanent functional impairments, under Presidential Decree 633 of October 26, 1972, Tab. A, part II, number 41-quater, aimed at facilitating self-sufficiency and integration of persons with disabilities, the user must contact Customer Service using the contact details in art. 15 below. 8. Purchase Orders 8.1 The purchase contract is conditionally resolved by the non-payment of the Total Amount Due. In the event of non-payment, the contract will be deemed terminated automatically. The user will be immediately notified of this resolution and the consequent cancellation of the order: (i) immediately after transmitting the order through the Site, in case the user has chosen credit card payment, as well as via email; (ii) via email, in case the user has chosen one of the other payment methods made available by Omnia Group S.r.l.. 8.2 Ownership of the Products will be transferred to the user upon shipment, understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to Omnia Group S.r.l., will be transferred to the user when the user or a third party designated by them and other than the carrier, physically takes possession of the Products. 8.3 The user may cancel their order before receiving the Shipping Confirmation (as defined in art. 9.1.1), provided that the order has not been prepared for the shipping process. In this case, no cost will be charged to the user. However, the right of withdrawal is reserved under the terms and conditions of the subsequent art. 11. 8.4 To place an order for a Product through the Site, it is necessary to read and carefully examine these CGV. 9. Payment Methods 9.01 Payment for Products purchased through the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be available due to the type of Product purchased and/or the delivery or shipping method. In the event that one of these methods cannot be used for a specific Product or order, this will be clearly indicated on the Site no later than the beginning of the purchase process. Unavailable payment methods cannot be selected by the user during the relevant step ("Choose payment and continue") of the purchase process. 9.1 Credit Card 9.1.1 Payment for Products purchased on the Site can be made by credit card directly through the Site. Omnia Group S.r.l., through the Paypal, Satispay, and Amazon Pay payment platforms, accepts credit cards from the VISA, Mastercard, AmericanExpress, Maestro circuits. Accepted credit cards are always indicated in the footer of each page of the Site. The user's credit card payment may not be successful on the first attempt. In this case, Omnia Group S.r.l. will notify the user through the Site and via email. Omnia Group S.r.l. may reject the order based on the results of these checks. 9.1.2 To ensure the security of payments made on the Site and prevent potential fraud, Omnia Group S.r.l. reserves the right to ask the user, via email, to send, through the same means, a front/back copy of their ID card and, if the order holder is different from the cardholder, the ID card of the latter. The document must be valid. The email request will specify the deadline by which the document must reach Omnia Group S.r.l. This deadline will not exceed, in any case, 5 working days from the user's receipt of the request. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the specified period. 9.1.3 In the event that Omnia Group S.r.l. does not receive these documents within the specified period in the email request or receives expired or invalid documents, the contract will be deemed terminated automatically under the terms and effects of Article 1456 of the Italian Civil Code, and the order subsequently canceled, without prejudice to Omnia Group S.r.l.'s right to compensation for any damage it may incur due to the user's non-compliant behavior. Contract termination, of which the user will be notified via email within 5 working days from the expiration of the deadline for sending the documents requested by Omnia Group S.r.l., will result in the cancellation of the order with a refund of the Total Amount Due, if paid, by crediting the same payment method used. In the case of timely receipt by Omnia Group S.r.l. of the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of such documentation. 9.1.4 Omnia Group S.r.l. utilizes the secure payment service provided by the payment platforms: Paypal, Satispay, and Amazon Pay, which involve the use of strict SSL security protocols. The confidential data of the credit card (card number, cardholder, expiration date, security code) are encrypted, and Omnia Group S.r.l. never becomes aware of them. 9.2 Cash on Delivery 9.2.1 Without prejudice to what is provided in Article 9.02 above, payment for Products purchased on the Site can be made upon delivery by choosing the cash-on-delivery payment method. 9.2.2 In the case of cash-on-delivery payment, an additional contribution for delivery is due. The exact amount of this contribution will be specifically indicated on the purchase process pages before the user submits the order and in the order confirmation. 9.2.3 Payment by cash on delivery can be made in cash, up to a maximum of €1,999.99, or for higher amounts, by cashier's check to be made out as per the email that Omnia Group S.r.l. will send to the user after receiving the order. 9.3 PayPal, Satispay, Amazon Pay 9.3.1 Without prejudice to what is provided in Article 9.02 above, payment for Products purchased on the Site can be made through the PayPal, Satispay, Amazon Pay payment platforms. If the user chooses one of the platforms mentioned above as the payment method, they will be redirected to the secure site of the chosen payment platform where they will make the payment for the Products according to the procedure provided and governed by the payment platform's terms and conditions agreed upon by the user with the platform. The data entered on the payment platform's site will be processed directly by the platform itself and will not be transmitted or shared with Omnia Group S.r.l. Therefore, Omnia Group S.r.l. is not able to know and does not store in any way the credit card details linked to the user's payment platform account or used for payment, nor the details of any other payment instrument connected to that account. 9.3.2 In the case of payment through these payment platforms, the Total Amount Due will be charged by the payment platform to the user immediately upon the conclusion of the online contract. In case of termination of the purchase contract and in any other case of refund, for any reason, the refund amount will be credited to the user's payment method. The reimbursement timing on the payment instrument linked to that account depends solely on the payment platforms and the banking system. Once the credit order has been issued to that account, Omnia Group S.r.l. cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for which the user must contact the payment platform directly. 9.4 Bank Transfer 9.4.1 Without prejudice to what is provided in Article 9.02 above, payment for Products purchased on the Site can be made by bank transfer. The bank details for making the transfer will be indicated on the "Payments" page accessible through a specific link in the footer of each page of the Site and in the order confirmation email. 9.4.2 Payment for Products by bank transfer must be made within 3 calendar days from the order date. If this period elapses without payment, the contract may be considered terminated by law, resulting in a refund of the Total Amount Due, if paid late. The contract resolution will be communicated to the user via email, and the amount paid will be refunded according to the provisions of Article 5.5, as applicable. 9.4.3 In the case of payment by bank transfer, the Products will be shipped only after Omnia Group S.r.l. receives the transfer. Consequently, the delivery terms for the Products will start from that date. 9.4.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is requested to indicate the order number in the bank transfer reason. 9.5 Installments through financing 9.5.1 Without prejudice to what is provided in Article 9.02 above, payment for Products purchased on the Site can also be made in installments, through financing. 9.5.2 This payment method can only be used by users who qualify as consumers under Article 3, paragraph I, letter a) of the Consumer Code and who hold a bank or postal current account. Financing can be requested for a minimum amount of Euro 300.00 (VAT included) and a maximum amount of Euro 8,000.00 (VAT included), unless otherwise indicated during the purchase process or it is a zero-rate transaction, in which case the minimum financing amount will be Euro 300.00 (VAT included), and this information will be provided to the user during the purchase process. 9.5.3 Financing will be provided by an authorized financial company duly registered according to current legislation, and its details will be provided on the Site. 9.5.4 All information regarding financing, such as, for example, type of financing, duration, interest rates (APR and nominal), as well as all other mandatory pre-contractual information, will be provided during the purchase procedure, directly on the Site and/or through a link to the financial company's website. Payment in installments through financing can be requested by the user by choosing this payment method among those available at the end of the purchase procedure. By choosing this payment method, the user will be redirected to the financial company's website. The conclusion of the financing contract will take place, through the financial company's website, directly between the company and the user. 9.5.5 The effectiveness of the purchase contract for the Product for which the user has chosen the payment method under this article is conditional on the approval of the financing by the financial company. In case the financial company does not approve the financing or the user does not send the necessary documentation to the financial company within the indicated deadlines, the purchase contract for the Product will be deemed terminated, and the corresponding order will be canceled. 9.5.6 The order will remain suspended until the financial company notifies Omnia Group S.r.l. of the activation of the financing. The terms of delivery of the Products will start from that date. In the event of non-approval of financing, the purchase contract for the Product will be deemed terminated. 9.5.7 The personal data provided by the user to the financial company during the conclusion of the financing contract through its website will be acquired and kept exclusively by the financial company. Omnia Group S.r.l. cannot view them and cannot in any way access them. 9.5.8 In the event that the user who has chosen the payment method under this article exercises, in relation to the purchase contract for the Product, the right of withdrawal, in accordance with the provisions of Articles 52 and following of the Consumer Code, the financing contract is deemed terminated by law, without any penalty, under Article 58 of the Consumer Code. 10. Delivery Methods, Costs, and Terms 10.1 Product deliveries are made only within the worldwide territory, excluding certain locations for which delivery is unavailable during order placement. The delivery obligation is considered fulfilled by transferring the material availability or control of the Products to the user. 10.2 Upon shipment, an email will be sent to the user containing the tracking number, allowing them to check the shipment status. The user can also track Product shipment from the "Order Status and Tracking" section of their account. The indication of the Supplementary Term under art. 61, paragraph 3, Consumer Code, and the communication of Contract Resolution under art. 61, paragraph 3, Consumer Code, or Resolution of the Contract in Excluded Cases must be communicated by the user to Omnia Group S.r.l. at the addresses indicated in art. 15 below. In the event of Contract Resolution under art. 61, paragraph 3, Consumer Code, or Resolution in Excluded Cases, Omnia Group S.r.l. will reimburse the user the Total Amount Due without undue delay. The refund will take place in accordance with the methods indicated in art. 10.9.6 below. In any case, Omnia Group S.r.l. undertakes to promptly notify the user by email of any delay in delivery (''Delay Notice Email''), indicating simultaneously the new delivery deadline, if available (''New Delivery Deadline''). In the event that the user does not proceed with the setting of the Supplementary Term under art. 61, paragraph 3, Consumer Code, or, if the conditions are met, with the Resolution of the Contract under art. 61, paragraph 3, Consumer Code, or Resolution of the Contract in Excluded Cases, while maintaining the user's ability to avail themselves at any time of such remedies and/or ordinary legal remedies, particularly under Chapter XIV of Title II of Book IV of the Civil Code, Omnia Group S.r.l. undertakes, in any case, to: (i) in case of delivery with a delay of between 1 and 3 working days from the New Delivery Deadline, refund the user who requests it for delivery expenses, if already paid, within 10 working days from the expiration of the New Delivery Deadline or not request payment if the user requests it and they are not yet paid; (ii) in case of delivery with a delay of between 4 and 10 working days from the New Delivery Deadline, allow the user who requests it to refuse delivery and partially resolve the contract with reference only to the product delivered late, with a consequent refund - immediately and, in any case, within 10 working days from the request for partial contract resolution - only of the amount paid by the user in relation to that specific product, including delivery costs, calculated as indicated in art. 10.3 above, or, alternatively, if the user does not want to partially resolve the contract, refund the user who requests it - within ten working days from the request - the delivery costs, if already paid, calculated as indicated in art. 10.3 above, or not request payment from the user who requests it in this regard, if not yet paid; (iii) in case of delay in delivery exceeding 10 working days from the New Delivery Deadline or, in any case, 20 days from the original delivery deadline, offer the user who requests it, in addition to what is provided for in art. 10.5.5 (ii) above, the supply of a different product of equivalent or higher value, subject to payment, in the latter case, of the difference and with the express consent of the user. 10.5.6 In the case of Multiple Orders that involve Products that must be delivered separately, the provision of art. 10.5.5 above will apply independently to each delivery. With respect to each delivery and therefore, limited to the Products subject to it, the user may proceed with the setting of the Supplementary Term under art. 61, paragraph 3, Consumer Code, and with the Resolution under art. 61, paragraph 3, Consumer Code, or Resolution in Excluded Cases, if the relevant conditions are met. In this case, Omnia Group S.r.l. will reimburse the user the Partial Amount Due without undue delay. The refund will take place in accordance with the methods indicated in art. 10.10.6 below. In any case, Omnia Group S.r.l. undertakes to promptly send the Delay Notice Email to the user, indicating simultaneously the New Delivery Deadline, if available, and, in the event that the user does not proceed with the setting of the Supplementary Term under art. 61, paragraph 3, Consumer Code, or, if the conditions are met, with the Resolution of the Contract under art. 61, paragraph 3, Consumer Code, or Resolution of the Contract in Excluded Cases, in relation to the individual delivery and the related Products, while maintaining the user's ability to avail themselves at any time of such remedies and/or ordinary legal remedies, particularly under Chapter XIV of Title II of Book IV of the Civil Code, Omnia Group S.r.l. also undertakes to: (i) in case of delivery of one of the Products subject to the Multiple Order with a delay of between 1 and 3 working days from the New Delivery Deadline, refund the user who requests it for delivery expenses, if already paid and calculated as indicated in art. 10.3 above, within ten working days from the expiration of the New Delivery Deadline, or not request payment if the user requests it and they are not yet paid; (ii) in case of delivery of one of the Products subject to the Multiple Order with a delay of between 4 and 10 working days from the New Delivery Deadline, allow the user who requests it to refuse delivery and partially resolve the contract, limited to and with exclusive reference to the Product subject to the Multiple Order delivered late, with a consequent refund - immediately and, in any case, within 10 working days from the request for partial contract resolution - only of the amount paid by the user in relation to that specific Product, including delivery costs, calculated as indicated in art. 10.3 above, or, alternatively, if the user does not want to partially resolve the contract, refund the user who requests it - within ten working days from the request - the delivery costs, if already paid, calculated as indicated in 10.5.12 The provision of the RAEE Contextual Collection service will take place in the following ways: i. The user will be contacted to agree on the terms for the collection. The user acknowledges that, in case the RAEE does not correspond to the type of new Product purchased through the Site, the RAEE Contextual Collection service will not be provided; this service will also not be provided in case the mismatch between the RAEE and the new Product purchased on the Site should emerge during the collection; ii. In the event that the user exercises the right of withdrawal in relation to the new Product purchased through the Site and the requested RAEE Contextual Collection service has not yet been provided, the service will not be rendered. iii. On the other hand, if the user exercises the right of withdrawal in relation to the new Product purchased through the Site and the RAEE Contextual Collection service has already been provided, the disposal cost will not be charged to the user. 10.5.13 Those who have not collected the package more than twice for different orders cannot make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by law under and for the purposes of Article 1456 of the Italian Civil Code. The resolution of the contract will be communicated to the customer by e-mail. 11. Right of withdrawal from the purchase of Products 11.1 Except as provided in Article 11-bis.1 below, under articles 52 and following of the Consumer Code, the user who is a consumer has the right to withdraw from the purchase contract of the Product, without providing any reason and without incurring costs other than those provided for in articles 11.5 and 11.9 below, within the period of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days*: a) in the case of an order relating to a single Product, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products; b) in the case of a Multiple Order with separate deliveries, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or c) in the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece; 11.2 To exercise the right of withdrawal, the user must inform Omnia Group S.r.l., before the expiration of the Withdrawal Period, of their decision to withdraw. 11.3 If the user wishes to exercise the right of withdrawal, they must indicate the order number, the Product(s) for which they intend to exercise the right of withdrawal, and their address. Please note that, since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium when communicating their withdrawal to Omnia Group S.r.l. 11.4 The user must return the Products to Omnia Group S.r.l., using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days* from the date on which they communicated to Omnia Group S.r.l. their decision to withdraw. The deadline is met if the user returns the Products before the expiration of the fourteen-day period ("Return Deadline"). The Product, properly protected and packaged, must be sent to the following address: Omnia Group S.r.l. via Santa Luca s.n. – 98078 Tortorici (ME). The direct costs of returning the Products to Omnia Group S.r.l. are borne by the user. 11.5 If the user withdraws from the contract, Omnia Group S.r.l. will refund the Total Amount Due paid by the user for the Product, including delivery costs, including any additional costs resulting from the user's choice of a type of delivery other than the standard delivery, i.e., less expensive, offered by Omnia Group S.r.l., without undue delay and in any case no later than 14 calendar days* from the day Omnia Group S.r.l. was informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user, in the case of payment by credit card and Payment Platforms, unless the user has expressly agreed otherwise. In other cases, Omnia Group S.r.l. will ask the user for the bank details necessary for the refund, unless the user has expressly agreed otherwise. In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the user will be quantified. If the user has returned the 11.10 In case the right of withdrawal is exercised in accordance with the provisions of Article 52 and following of the Consumer Code by a user who has chosen the installment payment option under Article 9.5, the financing contract will be considered terminated by law, without any penalty, pursuant to Article 58 of the Consumer Code. 12. Legal Warranty of Conformity 12.1 All products sold on the Site are covered by the legal warranty of conformity provided for by Articles 128-135 of the Consumer Code (''Legal Warranty''). 12.2. To whom it applies The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made purchases on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out. Those who have purchased on the Site and do not have the status of consumers will be subject to warranties for defects in the sold item, the warranty for the lack of promised and essential quality, and other warranties provided by the civil code with their respective terms, forfeitures, and limitations. 12.3. When it applies The seller is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and that manifests itself within two years from such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that the lack of conformity that occurs within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery. 12.4 To take advantage of the Legal Warranty, the user must first provide proof of the date of purchase and delivery of the goods. Therefore, it is advisable for the user, for the purpose of this proof, to keep the order confirmation or purchase invoice as well as the DDT or any other document that can attest to the date of purchase and delivery (e.g., credit card statement or bank statement). 12.5. What is a lack of conformity A lack of conformity occurs when the purchased item: • is not suitable for the use for which goods of the same type are usually intended; • does not conform to the description given by the seller and does not possess the qualities of the item that the seller has presented to the consumer as a sample or model; • does not have the usual qualities and performance of an item of the same type, which the consumer can reasonably expect, given the statements made in advertising or labeling; • is not suitable for the particular use intended by the consumer and brought to the seller's attention at the time of conclusion of the contract, and which the seller has accepted. 12.6 Any malfunctions or malfunctions caused by accidental events or the user's responsibility, or by the use of the product not in accordance with its intended use and/or as provided in the attached technical documentation, are excluded from the scope of the Legal Warranty. 12.7. Remedies available to the user In the event of a properly reported lack of conformity, the user is entitled: - primarily, to the free repair or replacement of the item, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other; - secondarily (in case the repair or replacement is impossible or excessively burdensome, or the repair or replacement has not been carried out within a reasonable time, or the repair or replacement previously carried out has caused significant inconvenience to the consumer), to a price reduction or contract termination, at his choice. The requested remedy is excessively burdensome if it imposes 12.10 In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and, in any case, except for exceptional circumstances or force majeure, within 60 calendar days from the day Omnia Group S.r.l. received the defective product. If the initially chosen replacement or repair is not performed within this period, the user may request one of the alternative remedies provided by the Legal Warranty (replacement, if repair was requested; repair if replacement was requested; price reduction, or contract resolution). 12.11 Omnia Group S.r.l. reserves the right to ask the user to attach the invoice related to the order when requesting the use of the Legal Warranty of Conformity. 13. Manufacturer's Conventional Warranty 13.1 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (''Conventional Warranty''). The user can only assert this warranty against the manufacturer. The duration, scope, including territorial, conditions, and methods of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty. 14. Marketing of Additional Paid Assistance Services 14.1 Omnia Group S.r.l., in collaboration with third-party companies, offers the user the opportunity to purchase additional assistance services (''Additional Assistance Services'') that allow the user to benefit from technical assistance related to the Product to which they are sold or, in the case of stand-alone sales, to any product, after the expiration of the Legal Warranty and/or Conventional Warranty, under the conditions and limitations established by the companies providing such services and contained in the respective general conditions that will be made available to the user before they can purchase the Additional Assistance Services. The Additional Assistance Services do not replace, limit, or prejudice the Legal Warranty due from Omnia Group S.r.l., which the consumer can always avail themselves of under the conditions provided by law. The Additional Assistance Services are provided by third-party companies other than Omnia Group S.r.l., whose details will be indicated during the purchase process before the user can conclude a contract with Omnia Group S.r.l. giving them the right to use such services. 14.2 The purchase of Additional Assistance Services is for a fee and therefore involves the payment of a cost borne by the user. This cost, along with any other detailed information about the Additional Assistance Services, the providing companies, and the activation methods, will be provided during the purchase process before the user can proceed with the purchase of such service. 14.3 In all cases of resolution, for any reason, including the exercise of the right of withdrawal, of the product purchase contract for which the user has purchased Additional Assistance Services, the contract for the purchase of such services is terminated by law, at no cost to the consumer, and with the consequent refund to the user of the amount paid for the purchase of Additional Assistance Services. 14.4 The right of withdrawal from the purchase contract of Additional Assistance Services is governed by art. 11-bis, to which reference is made. 14-bis Marketing of Third-Party Services 14-bis.1 Omnia Group S.r.l., in collaboration with third parties (''Third Parties''), may offer the user the opportunity to purchase services provided by such third parties through the Site, different from Additional Assistance Services (''Third-Party Service'') under the conditions established by the Third Parties and contained in the respective general conditions that will be made available to the user before they can purchase the Third-Party Service. 14-bis.2 The purchase of the Third-Party Service is for a fee and therefore involves the payment of a cost borne by the user. This cost, along with any other detailed information about the Third-Party Service, the third-party service provider, and the methods for activating and/or using the service, will be provided during the purchase process before the user can proceed with the purchase of the Third-Party Service. 14-bis.3 In the event of purchasing a Third Party Service through the Site, the user, acting as a consumer, has the right to withdraw from the contract, with the modalities outlined in the preceding art. 11, without needing to specify the reason and without having to bear, if applicable, costs other than those specified in art. 14-bis.4 below, within fourteen calendar days from the day following the one on which the user receives the e-mail from Omnia Group S.r.l. containing the activation code for the Third Party Service and/or the methods to use it. In the event of withdrawal from the contract for the purchase of a Third Party Service, all the provisions of art. 11 above shall apply, provided that, if the purchase of the Third Party Service does not involve the delivery of a physical product incorporating the Third Party Service, the provisions relating to return shall not apply. 14-bis.4 If the provision of the Third Party Service purchased by the user through the Site can commence before the expiry of the withdrawal period specified in art. 14-bis.3 above, and the user exercises the right of withdrawal after making a request to this effect, the user, pursuant to art. 57, paragraph III, Consumer Code, shall pay Omnia Group S.r.l., unless otherwise indicated, an amount proportional to what has been provided up to the moment when the user informs Omnia Group S.r.l. of the exercise of the withdrawal, with respect to all the services provided for in the contract. The proportional amount that the user must pay to Omnia Group S.r.l. is calculated on the basis of the total price agreed upon in the contract and resulting from the order confirmation e-mail and is communicated to the user by e-mail. 15. Customer Support and Complaints 15.1 You can request information, send communications, or file complaints by contacting Omnia Group S.r.l. customer service (''Customer Service'') using the following methods at the following addresses: • by email, at the address servizioclienti@luscioux.it; • by phone, at number 0941421311; • by mail, writing to Omnia Group S.r.l. Via Santa Lucia, sn - 98078 Tortorici (Me) • through the Site, by accessing the ''Contacts'' section; 15.2 Omnia Group S.r.l. will respond to complaints by email or mail within a maximum of two days from receiving them. 16. Applicable Law; Out-of-Court Dispute Resolution - Alternative Dispute Resolution/Online Dispute Resolution 16. 1 The purchase contract concluded on the Site is governed by Italian law. 16.2 Consumer users who do not have their habitual residence in Italy are subject to any more favorable and mandatory provisions provided by the law of the country where they have their habitual residence, particularly concerning the deadline for exercising the right of withdrawal, the deadline for returning the Products in case of exercising this right, the methods and formalities for communicating the same, and the legal warranty of conformity. 16.3 It is noted that, in the case of consumer users, for any dispute relating to the application, execution, and interpretation of these Sales Conditions, the court of the place where the user resides or has elected domicile shall have jurisdiction. 16.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, no. 206 (Consumer Code), Omnia Group S.r.l. informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that, if the user has filed a complaint directly with Omnia Group S.r.l., following which it has not been possible to resolve the dispute thus arisen, Omnia Group S.r.l. will provide information about the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes arising from obligations deriving from a contract concluded under these Sales Conditions (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to use such bodies to resolve the dispute. Omnia Group S.r.l. also informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for online dispute resolution for consumer disputes (the ODR platform) has been set up. The ODR platform is accessible at the following address //ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved. In any case, the consumer user has the right to resort to the competent ordinary judge for the dispute arising from these Sales Conditions, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code. The user residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these Sales Conditions, the European procedure established for low-value disputes, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, EUR 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu. |