CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR THE EUROPE COUNTRIES
These general terms and conditions apply to all orders through www.lionaze.com (“the Website”). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. We recognise rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
This Website, for the sale of goods via the Internet, is operated by Ottimo Acquisto, owner of Lionaze brand, with registered office in Via Grotte 107, 70013 – Castellana Grotte(BA) – Italy, which is legally represented by Luca Leogrande. This is where you can place complaints or assert warranty claims.
Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Ottimo Acquisto. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions, credit inquiry agencies and third parties contracted by Ottimo Acquisto. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
You undertake to compensate, indemnify and hold harmless Ottimo Acquisto from any claims derived as a result of violations of this contract by yourself, such as violations of copyright, of the trademark or other rights of intellectual property of third parties as well as other obligations under pt. 6.
Important preliminary information
Ottimo Acquisto makes a contract with its customers under which, towards a payment generated by an e-commerce shopping cart, realizes and sells adhesives or stickers suitable according to the type of motorcycle, quad and kart.
You choose the graphic on the stickers from those proposed on the Website or you upload a personalized graphic. You choose the most suitable type from those available, then you can add or change the texts and/or numbers and decide the colors.
Ottimo Acquisto realizes the kit according to the instructions provided by the consumer and confirmed by the receipt of the order confirmation forwarded to the email address communicated by the buyer himself, and also it will ensure its delivery.
Ottimo Acquisto realizes the Kit according to your instructions and confirmed by sending the order confirmation via the e-mail address communicated by you and takes care of delivery.
The digital printing allows you to create infinite shades of color. However, it is difficult, and sometimes impossible, to accurately reproduce the original colors of the bikes. That being stated, we decline any responsibility for inaccurate shades.
You unconditionally accept that when we speak about adhesives or stickers, the coverage may not be compared neither to wrapping films nor do the painting, and the cut could naturally present millimeter inaccuracies. Furthermore, any kind of fluorescent product may undergo slight shades variation when exposed to the sun. This type of variation is not to be considered a product defect.
You undertake of not to upload through the Website or send via email and not to request the printing of kits containing:
a) images or written unlawful, threatening, abusive, defamatory, obscene, libelous, who instigate to hatred or racial or ethnic discrimination;
b) colors, lettering or images that infringes any patent, trademark, copyright or other rights of intellectual property of others;
c) any private or personal information or image of any third party without its written consent.
You declare on your sole responsibility that the contents uploaded on the Website and of which requires the printing have been previously checked by him and do not violate the prohibitions of this pt.(6) and you also declare that you have not requested to print anything that you did not have the right to publish.
If Ottimo Acquisto realizes that the content uploaded by the consumer through the Website and of which the consumer asks the printing they violate the rules of this pt.(6) or current laws, the order will be not shipped and Ottimo Acquisto will treat a sum corresponding to 60% of the price paid by you to cover the costs.
Ottimo Acquisto declares to decline any and all liability for any violation made by you of what described by this Article (6).
You can express the right to remove the Lionaze brand and/or logo from the ordered stickers paying a 25% surcharge on the total product.
Products and prices are as shown on the Website; the products sold on the Website are custom-made after payment. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.
Any commercial resale or distribution of Ottimo Acquisto products sold on the Website is strictly prohibited.
Ottimo Acquisto reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.
Ottimo Acquisto reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities (See pt. 6).
Please note that after your order is confirmed, no requests to change or cancel it can be considered.
Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the checkout process.
The products are sold by Ottimo Acquisto on the Website, which has its headquarters in Italy. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
If the package goes in post stock, Ottimo Acquisto may decide to return the package to its warehouse or send it to the shredder to avoid incurring additional expenses. If you want it back to your home/office again then you agree to pay the shipping costs twice.
The purchase price for goods ordered is due when you place your order through Ottimo Acquisto. Payment may be by credit/debit card (by entering your card data on the Website), by PayPal or by other alternative payment methods (by entering your payment data on the Website / App of the respective payment provider). Ottimo Acquisto reserves the right, to add or remove payment methods from time to time to its discretion. You may settle our claims for payment only by using uncontested or final and unappealable receivables.
If you pay with a credit/debit card or alternative payment methods, we reserve the right to check the validity of the card, to monitor the availability parameters for collection and the address data and to ask for authorization by the card issuer or payment method provider. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. If the institution that issued the credit card or payment method refuses to authorize payment to us, we will not accept your order and we are not liable for any delays or for failure to deliver and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
For special orders (e.g. high order amount, Limited Editions) Ottimo Acquisto offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
If the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Swarovski has the right to cancel your order.
An invoice will also be sent with your parcel. Prepayment is not available for Electronic Gift Cards.
Delivery and Reservation of Title
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 3-4 working days. Please allow an additional delivery time of 2-3 working days for customized products. Orders placed from Monday to Friday by 17:00 CET will be processed and shipped the following business day. Orders placed on weekends and public holidays will be processed and shipped two business days later. No deliveries are made on weekends or public holidays. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.
Upon receipt the shipment must be checked for accuracy and completeness.
Right of withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. Customised products are excluded from the right to withdraw.
Under Article. 55, paragraph 2, letter. a) and d), you may exercise the right of withdrawal provided in the Articles. 64 and following, Legislative Decree. n. 206 of 6 September 2005, but not on customized products like stickers and clothing, within 14 (fourteen) working days from the date of receipt of goods.
To exercise the right of withdrawal mentioned in the previous Article, you have to send an email to firstname.lastname@example.org to notice within the time limits specified; alternatively, you can fill the form on the Website.
In case of withdrawal, the customer must return to his expense the products to Ottimo Acquisto within 14 (fourteen) days from the same withdrawal to the following:
Ottimo Acquisto (Lionaze)
Via Grotte, 107
70013 – Castellana Grotte (BA)
The product(s) must be returned intact and in original packaging and complete in all its parts;
The shipping costs (and any customs charges, if presents) for the return of the goods will be paid exclusively by you; the shipment, until the attestation of the receipt in its warehouse indicated by Ottimo Acquisto, is under the complete responsibility of the customer.
If the goods are damaged during shipping, Ottimo Acquisto will immediately inform you. This is due to allow you to complaint against the courier and to obtain a refund; the product, then, will be made available to the customer, while removing the request for withdrawal.
Ottimo Acquisto will be not responsible in any way for damage, theft and loss occurred during or in any case depending on the shipping for the return.
Vouchers and customised products can generally not be replaced or returned.
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or – if the goods are still deliverable – that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that.
The warranty period is two years from the time the goods are received.
Ottimo Acquisto is only liable to you for damage caused intentionally or by gross negligence.
This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorised actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb.
Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Ottimo Acquisto.
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Ottimo Acquisto.
Contracts entered into under these General Terms and Conditions are subject to Italian law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Bari is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Ottimo Acquisto is also authorised to sue at the customer’s location.
Last update: 17/10/2019