- TABLE OF CONTENTS
- Subject of the agreement
- Obligations of the Buyer
- Delivery times and methods
- Shipping damages
- Damages to the external package
- Damages not visible from the external package
- Notification of defects and warranty
- Warranty coverage
Subject of the agreement
- Through a distance sales Agreement, LORCA SRL, headquartered in Corsico (MI), VAT n. 08922460152, sells the products that the Buyer selects and orders online by choosing them among the items included in the electronic catalogue that are available at the time of the order.
- The service is exclusively active for purchases to be delivered in Italy.
- Upon completion of the order, Lorca Srl will confirm the order registration in real time to the Buyer by sending an email to the address indicated by the Buyer and/or through an appropriate website screen.
- The agreement is deemed to be stipulated, and is binding to both parties, when the purchase order confirmation is sent to the Buyer. In the event of any unpredictable stock depletion due to excess demand or other causes, Lorca Srl undertakes to promptly inform the Buyer that the product is no longer available and to fully refund the amounts paid.
- Lorca Srl reserves the right not to accept purchase orders that are incomplete and/or inaccurately completed.
Obligations of the Buyer
- Pursuant to the provisions of articles 52 and 53 of the Legislative Decree 206/05, upon completion of the purchase procedure, the Buyer undertakes to both print and/or store these general terms and conditions, which are deemed to be read and accepted as required in the purchase process, and print the specifications of the purchased products.
- The Buyer is strictly forbidden to enter false and/or fanciful data when creating the account needed to implement this sales agreement and receive any further communication. Personal data and e-mail addresses must pertain to the Buyer and not any third party.
- The Buyer declares to be over 18.
Delivery times and methods
- Lorca Srl shall deliver the products selected and ordered by courier to the place of delivery indicated by the Buyer.
- The delivery shall take place within 5 working days starting from the date in which Lorca Srl sends its purchase order confirmation.
1. Damages to the external package
Should the Buyer notice any damages to the external packaging or the non-correspondence of the number of boxes, he/she must immediately (i) place a written “reservation of control” on the delivery note of the forwarder or (ii) reject the damaged box and write the reasons for it with a pen on the waybill that the courier asks him/her to sign as a proof of delivery. If the Buyer who has accepted the delivery with a reservation of control subsequently finds that the product has been damaged, he/she shall report such damage within 2 working days from the delivery date by sending a registered letter with return receipt to Lorca Srl. In addition to the reasons for the complaint, the Buyer shall also specify the purchase order number and the fiscal document.
2. Damages not visible from the external package
Should the Buyer notice any damages to the product that are not visible from external packaging or the non-correspondence of the number of items delivered, he/she shall report the damage within 2 working days from the delivery date by sending a registered letter with return receipt to Lorca Srl, Via Brunelleschi 15 20094 - Corsico (MI). In addition to the reasons for the complaint, the Buyer shall also specify the purchase order number and the fiscal document.
- If the Buyer does not comply with the conditions envisaged in points 1 e 2 of this article, he/she shall not be entitled to any replacement or refund.
Following to the complaint submitted by the Buyer, Lorca Srl shall proceed to replace the damaged product. If, for whatever reason, Lorca Srl should not be in a position to replace the product, it reserves the right at its discretion to refund the full amount paid or exchange the item for a product of equal or superior characteristics.
Notification of defects and warranty
All products on sale are covered by the manufacturer’s standard warranty and, for final customers only, by the conformity warranty of 24 month pursuant to art. n. 128 and subsequent articles of Legislative Decree 206/2005.
2. Warranty coverage
- The warranty only covers the repair or replacement of products that are unusable or inefficient due to manufacturing or processing defects that are verified by a service centre authorised by the manufacturer.
- The warranty does not cover the consumables, maintenance and calibration operations mentioned in the user manual supplied with the equipment.
- The warranty shall become null if the equipment has been tampered with by unauthorised personnel, if the defaults have been caused by negligence or improper use by the Buyer, fraud, transportation, shocks, falls, moisture, leaking battery liquid, use of consumables that do not comply with the equipment manufacturer’s specifications, or other causes that are not related to manufacturing or processing defects.
The legal warranty of 24 months is reserved for the Consumer who is a natural person who pursues goals that are in no way linked to any professional or business activity, and applies to the product showing a conformity defect, provided that it has been properly used and that its destination of use and the provisions included in the enclosed technical documents have been complied with.
3. Conformity defect
- In the event of a conformity defect, Lorca Srl shall collect the product at the address indicated by the Buyer in the order and restore the conformity of the product by repairing/replacing it, or reduce its price, or even terminate the agreement.
- If the verification by the Authorised Service Centre were to show that the problem is not related to a conformity defect, the Buyer shall be charged with any possible verification and restoring cost owed to the Authorised Service Centre, as well as any shipping expenses, if incurred by the Seller.
4. Return under warranty
- If, for whatever reason, Lorca Srl should not be in a position to return the product under warranty (restored or replaced) to its customer, it reserves the right at its discretion to refund the full amount paid or exchange the item for a product of equal or superior characteristics.
- Whenever the warranty envisages the return of the product, the item shall be returned by the Buyer in the original package, complete in all its parts (including packaging and any documentation and accessories).
- Lorca Srl shall never be charged for any cost or damage deriving from possible delays in service operations caused by third parties.
Right of withdrawal
The Buyer – Final consumer has the right to withdraw from this agreement without any penalty and without specifying the reasons within a period of 10 working days from the day when the products are received.
- In order to exercise his/her right of withdrawal the Buyer shall send a written notice to Lorca Srl, Via Brunelleschi 15 20094 Corsico (MI), by means of registered letter with return receipt.
Such notice must include:
- the purchase order number,
- the decision to withdraw from the purchase,
- the product or products for which the Buyer intends to exercise his/her right of withdrawal,
- a copy of an identity document,
- a copy of the purchase fiscal document,
- a telephone number for any contact,
- the bank details of the current account to be used for the refund of the amount paid.
The communication can also be sent by telegram, telefax or e-mail, within the deadline specified in art. 6.1. above, provided that it is confirmed by means of registered letter with return receipt within the subsequent 48 hours. Upon reception of the notice of withdrawal by means of registered letter with return receipt, Lorca Srl will communicate to the Buyer by phone the authorisation to return the products and the related address. The buyer shall ship the product properly packed in its original package, complete in all its original content, to the address indicated. The shipment by the Buyer shall take place by courier within ten working days from the date of the communication by Lorca Srl. Shipment, until delivery to Lorca Srl, will fall under the responsibility of the Buyer, who shall be liable for all risks. Upon reception of the products, Lorca Srl will check their integrity and refund the Buyer for the related cost. The expenses incurred by the Buyer to return the products to Lorca Srl in the event of the exercise of the right of withdrawal are to be borne by the Buyer. The integrity of the goods to be returned is a precondition for the exercise of the right of withdrawal. Provided that the right of withdrawal is exercised by the Buyer in compliance with the provisions of this article, Lorca Srl shall refund the amounts paid by the Buyer, with the exception of the expenses related to the return of the products, within 30 days from the date in which the notice of withdrawal has been received.
- The Buyer shall pay to Lorca Srl for the products purchased at the price indicated in the online catalogue when the Buyer has placed the order. Such price will be expressed in euro and include VAT.
- Reduced VAT rate
A reduced VAT rate (4% instead of 21%) is applied to the purchase of technical and IT equipment used as aids by persons with motor and/or sensory disabilities.
- In order to be entitled to this reduction, the Buyers shall provide:
- – a medical prescription demonstrating the functional connection between the impairment and the equipment prescribed
- – a copy of the certificate of disability or impairment
- – self-declaration stating the right to be applied a reduced VAT rate pursuant to article 2, paragraph 9, of Legislative Decree n. 669 of 31 December 1996, (converted by Law n. 30 of 28 February 1997), and the Decree of 14 March 1998.
- In order to apply for the application of reduced VAT rate, the Buyer shall::
- – pay the full price of the product;
- – send all the documents specified above to Lorca Srl, Via Brunelleschi 15 20094 Corsico (MI), with the specifications of the bank details of the current account to be credited.
- Following verification of the prerequisites,Administration and Control Division of Lorca Srl shall refund the excess VAT paid by means of bank transfer.
- 3. The shipping costs, whenever they are to be borne by the Buyer, shall be applied in line with the prices indicated in the specific section of the site www.lorcasrl.it, which isviewed by the Buyer before placing the order.
- The prices of the products can be modified and updated on a daily basis.
Contribution to shipping costs
The Buyer shall pay to Lorca Srl, as a contribution to shipping costs, a fixed amount equal to €18.30, including VAT (eighteen euro and thirty cents)
Promotions and gifts
Any promotion launched by Lorca Srl and any free gift only apply until the stocks of products are exhausted and within the purchase limits specified in the site www.lorcasrl.it.
The discounted products may be delivered in promotional packages that are different from the ones published on the site www.lorcasrl.it.
The free gifts received by the Buyer cannot be exchanged or returned.
- Failure to deliver
In the event of non-delivery of the products by Lorca Srl within the deadline established by art. 3 above, the Buyer has the right to withdraw from the agreement by expressing this decision by means of a certified letter with return receipt sent to Lorca Srl, Via Brunelleschi 15 - 20094 Corsico (MI), specifying the purchase order number, the fiscal document, and the bank data required to fully refund the amounts paid.
- Lorca Srl is not liable for any inefficiency due to force majeure of any kind in the event of non delivery within the deadline established under this agreement.
Cases of force majeure
Some cases of force majeure are, by way of example but not of limitation:
- strikes and/or lock-outs,
- floods and similar events,
- measures adopted by Public Authorities,
- the strike of the seller’s staff or of the carriers used by Lorca Srl,
- any other circumstance outside the control of Lorca Srl.
- Subject to the provisions of art. 8 of EU Directive 97/7 and art. 56 of Legislative Decree 206/2005, Lorca Srl is not liable for any fraudulent use that a third party may make of the credit card data provided by the Buyer.
Methods of payment and invoicing
1. Methods of payment
- The Buyer shall pay the purchased products through the following means of payment:
- By entering the details of his/her credit card into the appropriate area of the site www.lorcasrl.it, the Buyer authorises Lorca Srl to use his/her credit card and charge it with the amount related to the purchase
- credit card
- cash (exclusively in the workshop)
- postal account
- prepaid cards (VISA or MASTERCARD)
- Credit cards
- The following credit cards are accepted:
- Carta Si,
- Visa Electron.
The payment will include the contribution to shipping costs to be borne by the Buyer, whenever envisaged, according to the specifications of the offer specified in the site www.lorcasrl.it.
- Lorca Srl shall send an invoice through ordinary mail to the address specified in the Buyer’s order.
- For the purpose of the issuance of the fiscal document, Lorca Srl will use the information provided by the Buyer upon placing the order.
No variation will be possible following the issuance of the fiscal document. For this reason, the Buyer undertakes to carefully verify the data entered when placing the order, as such data will be used for accounting purposes.
Termination of the agreement and express termination clause
The obligations assumed by the Buyer pursuant to art. 2 above (Obligations of the Buyer), as well as the guarantee of successful completion of payment that the Buyer shall make, are essential elements of this agreement. By consequence, any failure by the Buyer to fulfil any one of these obligations will result in the termination of the contract pursuant to Art. 1456 of the Italian Civil Code without any judicial decision, without prejudice to the right of Lorca Srl to take judicial action for the compensation of any further damages.
Lorca Srl undertakes to use secured data transmission methods, by using the electronic recognition of the Sender’s/User’s terminal and by encrypting the data by means of an appropriate line protected by the 128-bit encryption system.
The security system used for credit card transactions is the SSL protocol (Secure Sockets Layer).
Lorca Srl reserves the right to modify these General Terms and Conditions at any time by publishing the updated version on the site www.lorcasrl.it.
Any new provision shall be applied to the purchases made after the modification has been published.
This agreement is governed by the Italian Law. For anything not expressly laid down in these General Terms and Conditions, reference shall be made to Legislative Decree 206/05.
Any disputes related to the application, implementation and interpretation of this agreement, stipulated online through the site www.lorcasrl.it, shall be subject to the Italian jurisdiction.
Any dispute between the Parties related to this agreement shall fall under the jurisdiction of the Court of the place of residence or domicile of the Buyer, if situated in Italy.
Should the Buyer’s residence or domicile be situated outside of Italy, the Milan Court shall be competent for any dispute resolution.