Sales Conditions (SC)
To use the website www.lellikellymood.com
Information on the seller
Lelli Kelly SpA
Via Bocchi n. 233 – 55012 Lammari – Capannori (LU), Italy
Intra-community VAT registration number: IT 0106311 0462
Lelli Kelly SpA manages an online shop via the website www.lellikellymood.com
Lelli Kelly SpA is at customers’ disposal for further information:
Tel.: 0583 4311
Available from Monday to Friday (8:30 – 12:30 / 14:00 – 18:00)
E-mail : email@example.com
For further information or clarification on the conditions of sale, on the contract (as defined by Section 3.4 below) and on contractual arrangements, Lelli Kelly SpA is available – also by phone – to provide customers with more details or further information. Even though customers decide not to use the telephone service, the rights and faculty provided for by current laws are still in force. In accordance with the provisions of the legislation, the general contract conditions are specified below (including the conditions for shipping the items). As for saving and printing this document and for the possibility to analyse the text of the contract, please consult Section 2 of these SC.
The consumer’s right to withdraw from the contract is regulated by the Section 6 of these SC.
1. SCOPE AND DEFINITIONS
1.1 These SC are valid for all orders (as defined in the Section 3 below) placed by customers to Lelli Kelly SpA via the website www.lellikellymood.com and shall apply to and be incorporated in all the contracts concluded by the Customer with Lelli Kelly SpA. By placing an order, the Customer declares to have read and accepted these SC. These SC shall prevail over any other general contract condition that may be taken as reference in one or more contracts.
1.2. “Consumer” refers to any natural person who places an Order not for business, trade or craft professional purposes;
“Professional” refers to any natural or legal person who places an Order for purposes foreign to the business, trade, craft or professional activities performed;
“Customer” refers to the Consumer or the Professional, as the case may be;
“Contract” refers to the definition provided for in Section 3;
“Working day” refers to any day of the week except Saturday, Sunday and public holidays under Italian law;
“Order” refers to the definition provided for in Section 3;
“Products” refer to all the Products that, in accordance with the corresponding page of the website, are sold by Lelli Kelly SpA.
2. Download and consultation of contractual terms and conditions
2.1. The Customer has the possibility to consult these SC together with the text of the Contract on the website www.lellikellymood.com
Moreover, the Customer can forward, print or save this document using the normal features of the program (“File” –> “Save as”).
2.2. Additionally, the Customer can archive the data of his/her Order either by downloading the SC and, using the features of his/her browser, saving the data summarised in the last webpage before placing the Order, or by waiting for a confirmation of the Order that Lelli Kelly SpA will send by email to the address specified by the Customer after receiving the Order. This confirmation email will summarise the data of the Order placed by the Customer as well as a copy of the SC and can be printed or saved, using the features of his/her email program.
2.3. The data of each Order are saved by Lelli Kelly SpA on their systems. However, the Customer, for safety reasons, cannot have access to these data. Each Customer can use a username and a password to have access to the website area called « My account ». In this reserved area, the Customer, by entering his/her credentials, can consult his/her concluded contracts, pending orders, just-placed orders as well as update and save his/her contacts, bank account details and/or data related to the newsletter subscription. The Customer undertakes to treat his/her credentials confidentially and not to disclose them to third parties.
3. Conclusion of the Contract
3.1. Contracts are written exclusively in English. To purchase one or more Products online, the Customer must register on the website www.lellikellymood.com providing Lelli Kelli SpA with all the necessary data to enable Lelli Kelly SpA to process the Orders received, in accordance with the provisions applicable in the field of the protection of personal data. Once the Registration procedure is over, the Customer can select one or more Products that he/she wants to buy and put them in the virtual cart. The Customer, at any moment, can see what is inside the cart before proceeding with placing the Order. By clicking on the « Purchase » button, the Customer will start the procedure to send the Order. While formulating the Order and until it is actually sent, the Customer has the possibility to review the data entered by clicking on the « Back » button, in order to identify and correct any wrong information. By clicking on the « Conclude Order » button, at the end of the procedure started, the Customer sends the Order to Lelli Kelly SpA. Each Order sent this way shall be considered as a proposal of contract by the Customer. Once the Customer has sent the Order, Lelli Kelly SpA shall promptly confirm receipt of the Order by sending an email to the account provided by the Customer. In the same email, Lelli Kelly SpA shall also specify whether the Order can be accepted or not (Order Confirmation). Lelli Kelly SpA reserves the faculty to accept or reject the Orders received. In case of reject, the Customer cannot make claims or demands to Lelli Kelly SpA at any title. The Order, in any case, is considered accepted and, consequently, the Contract is considered concluded when the Customer receives, on his/her email address, the Order Confirmation Email that confirms that the Order was accepted If the customer does not receive the order confirmation, for example for system-related technical reasons that may occur, the delivery of the items included in the Order implies the conclusion of a binding contract between Lelli Kelly SpA and the Customer (the « Contract »).
3.2. By clicking « Confirm », the Customer makes an irrevocable contract proposal to Lelli Kelly SpA for the items contained in the cart (the « Order »). Once the Customer has sent the Order, Lelli Kelly SpA shall confirm the receipt of the Order itself, without prejudice to the right of withdrawal provided for in the Section 6 below in these SC.
3.3. The Customer may purchase the Products also by contacting Lelli Kelly SpA directly, i.e, by calling the number +39 0583/4311, from Monday to Friday from 08:30 to 12:30 and from 14:00 to 18:00. For telephone Orders, registration on the website is not necessary. The Customer can send an Order by calling the above-mentioned telephone number and providing all the necessary data to conclude the Order (name, surname, email address, billing address and shipping address, if they are not the same, tax identification number, date and place of birth, VAT registration number, if any). The Order is considered sent once the telephone call is over and, in this case, too, it shall be considered a contract proposal. Again, after the Customer has sent the Order, Lelli Kelly SpA will confirm the receipt through an Order Confirmation Email stating that the Order was accepted. Lelli Kelly SpA reserves the faculty to accept or reject the Orders received. In case of reject, the Customer cannot make claims or demands to Lelli Kelly SpA at any title. In any case, the Contract is considered concluded once the Customer has received the Order Confirmation Email at his/her email address.
3.4. Before sending any Order, the Customer is kindly requested to read these SC very carefully.
3.5. If the products mentioned in the Order are not available, Lelli Kelly SpA shall promptly inform the Customer. In this case, Lelli Kelly SpA is not subject to any delivery obligation for the items ordered and Lelli Kelly SpA shall refund the whole amount received.
4. Price and shipping charges
4.1. The prices of the Products published in the homepage and in the various sections of the Site include VAT but do not include any taxes, levies and duties applicable in the country of destination of the Products, if the country is different from France, which shall be paid by the Customer.
4.2. Lelli Kelly SpA reserves the right to change, at any moment, the price of the items sold via the website www.lellikellymood.com However, possible Product price adjustments will be ineffective for the Customers who have already sent an order.
5. Payment and delivery
5.1. The Customer shall pay the entire price of the articles ordered, at the moment when he/she sends in the Order. The price specified on the website is the definitive price that includes VAT. Lelli Kelly SpA reserves the right to deliver the purchased articles only after it has received payment of the entire order. While processing the Order, Lelli Kelly SpA may decide, at its sole discretion, to propose two payment instruments, such as payment by the protected system « Paypal » and advance payment by bank transfer. In case of payment by bank transfer, the Customer shall pay the fees that may be associated with the transaction (if any). In case of phone Order, Section 3.3, the payment shall be received before the shipment. It is understood that if the Order is not accepted, Lelli Kelly SpA shall promptly refund the price already paid by Customers.
The Orders will be shipped as soon as Lelli Kelly SpA receives the payment. Lelli Kelly SpA, therefore, recommends the customer to pay the price as soon as he/she receives the order details or, in any case, within 7 days after the receipt of the order detail.
Bank Account Details:
5.2. The Customer accepts to receive only electronic invoices. When the invoice is sent to the Customer, the shipping number necessary to track the parcel shall be provided, too.
If you do not receive the items within one week after receiving the shipping confirmation email, please contact Lelli Kelly SpA by phone and/or email so that the necessary checks can be carried out.
5.3. Lelli Kelly SpA reserves the right to reject or refuse to process orders to be delivered outside France. To carry out deliveries, Lelli Kelly SpA has the faculty to choose a courier. If the item is marked as « available », Lelli Kelly shall send the item as soon as possible or, in case of advance payment by bank transfer, within 7 (seven) working days from the Order Receipt Confirmation.
5.4. Lelli Kelly SpA shall not be responsible in case of late delivery or non-delivery if: (a) even though it has properly and promptly bought the items to be shipped for the Order received, Lelli Kelly has not received the items in accordance with the terms agreed with the supplier; (b) it cannot make up for the lack of these items; and (c) it has promptly informed the Customer that the items are not available and has informed him/her about the right of withdrawal provided for in Section 6 below. In case an item is not available, Lelli Kelly SpA shall refund the sums paid in advance (if any) within 30 (thirty) days since the last day between the day after the Order was sent and the day when the payment was received.
5.5. Lelli Kelly SpA cannot be accountable for late deliveries or non-deliveries in cases of force majeure such as, for example, strikes, measures taken by Public Authorities, shortage or rationing of energy or raw materials, transport issues, fire, floods, inundations, damage to machines for which Lelli Kelly SpA cannot be blamed. Lelli Kelly SpA will promptly inform the Customer on the occurrence of such an event. If the case of force majeure lasts for more than 4 (four) weeks, each party shall have the faculty to terminate the Contract. In case of termination in accordance with Section 5.4, the Customer shall not be reimbursed nor compensated in any way, without prejudice to his/her right to be refunded of the price paid for the Product ordered.
6. Right of withdrawal
6.1. The Customer has the right to withdraw from any order of Lelli Kelly’s products without providing any justification and with any type of declaration, as long as it is clear, sent to Lelli Kelly SpA, also by email, at the address: firstname.lastname@example.org
6.2. Here are the instructions to exercise the right of withdrawal and the consequences of the withdrawal itself.
Instructions to withdraw
The Consumer has the right to withdraw from the contract without providing any justification. The right of withdrawal must be exercised within 14 (fourteen) working days after the date when the Consumer, or a third party (except the courier and appointed by the customer) takes possession of the item: (a) through a communication sent by registered post with acknowledgement of receipt, by fax or email, preferably confirmed by registered post with acknowledgement of receipt, at the addresses specified below; or, (b) returning the item to Lelli Kelly SpA at the addresses specified below within 14 (fourteen) days after the item was delivered. The withdrawal period ends 14 days after that the customer or a third party (except the courier and appointed by the customer) takes possession of the item ordered. The substantial integrity of the item to be returned is a fundamental requirement to exercise the right of withdrawal. In any case, it is enough that the product is returned in the normal state of conservation, i.e. that it was stored and used with reasonable diligence.
The communication of the withdrawal must be sent to:
Lelli Kelly SpA
Via Bocchi n. 233
55013 Lammari – Capannori (LU) Tel: 0583 4311
e/o E-Mail: email@example.com
Gli articoli dovranno essere restituiti a:
Lelli Kelly SpA
Via Bocchi n. 233
55013 Lammari – Capannori (LU), Italy Phone: +39 0583 4311
Consequences of withdrawal
If the Consumer exercises his or her right of withdrawal in accordance with the provisions of these SC, the services received from Lelli Kelly SpA shall be returned. Lelli Kelly SpA shall refund the Consumer the price paid provided that the item was returned by the Consumer within 14 (fourteen) days after the date when Lelli Kelly SpA received the communication of withdrawal. The refund may be suspended until the items are received or until the Consumer demonstrates to have returned them. The Consumer shall be refunded the price paid with the same payment instrument used to purchase the item or, if specific agreements were concluded, with another one. The costs associated with the return of the items will be borne by Lelli Kelly SpA. The items must be returned to Lelli Kelly SpA – Via Bocchi n. 233 – 55013 Lammari – Capannori (LU), Italy without undue delay and, in any case, within 14 days after the day when the withdrawal from this contract was communicated. The deadline is complied with if the Products are returned before 14 working days and if all the items are given to the courier that Lelli Kelly SpA shall send to the address specified in the Order.
Articles shall be returned:
– Properly packed in the original package, in the same conditions in which they were sold (unspoilt, undamaged, clean) and equipped with all the accessories, with the instructions for use and with the documents;
– Equipped with the transport document (supplied in the original package), so as to allow Lelli Kelly SpA to identify the Customer (Order number, name, surname and address);
– Without evident marks associated with the use of the product, except for those associated with a normal test of the item. Items shall not bear any traces of an extended use (more than a few minutes) exceeding the necessary time to test the item and their conditions must allow to resell the product.
If the returned item does not comply with the requirements listed in the previous paragraph, the withdrawal shall not be effective.
6.3. Reserved domain agreement
The item purchased by the Customer belongs exclusively to Lelli Kelly SpA until such time as the Customer pays the entire price of the item.
7. Warranty for defects and non-compliances of the products and further information
7.1. For the items purchased by the Consumer, the laws in the field of warranty, including the provisions of the Consumer’s Code regarding warranty for Consumers, are applicable.
7.2. If the Consumer finds that the Products purchased in accordance with these SC have defects or non-compliances, the Consumer shall contact, within two months from the discovery, Lelli Kelli SpA in accordance with the provisions of these SC and ask for the repair or replacement of the Product. The choice between repair and replacement belongs to the Consumer, unless the possibility chosen is objectively impossible or excessively expensive compared to the other.
7.3 Lelli Kelly SpA shall carry out a repair or replacement, as the case may be, within a reasonable delay after receiving the request from the Consumer. Lelli Kelly SpA recommends the Customer to describe the nature of the defect discovered with as many details as possible and to send the Order documents, specifying the Order number, the code number of the Consumer and any other useful information to properly identify the complaint. If the Consumer does not receive an answer within 5 (five) working days, Lelli Kelly SpA recommends the Consumer to request an answer once again. Lelli Kelly SpA also recommends to check if the emails sent by Lelli Kelly SpA are redirected, i.e. blocked by ‘spam filters’ and, consequently, are not received due to other technical problems of the Customer’s email program.
7.4 If the repair or replacement requested is not possible or is too expensive, or if it is not carried out within a reasonable amount of time or if the repair/replacement have adversely affected the Customer, he/she can decide to ask for an appropriate price reduction or for the termination of the Contract. In any case, the termination of the Contract is not allowed for minor defects that could not be repaired/replaced or for which the replacement/repair would be too expensive.
7.5 It is intended that the previous Sections 7.1, 7.2, 7.3 and 7.4 are not applicable in case of defects discovered in Products purchased by Professionals, since for these Products Lelli Kelly SpA does not issue a warranty, without prejudice to mandatory statutory requirements.
7.6. For any service request, Lelli Kelly SpA recommends the Customer to contact Lelli Kelly SpA, as follows:
Lelli Kelly SpA
Via Bocchi n. 233 – 55013 Lammari – Capannori (LU), Italy
Phone: +39 0583 4311
8. APPLICABLE LAW AND COMPETENT COURT
These SC are written in English SC and individual contracts are regulated by Italian law and, therefore, are interpreted and executed in accordance with it. For any dispute that may arise from the interpretation and/or application of this contract, none excluded, the Parties undertake to try and resolve the case by friendly settlement so as to find an agreement within 60 days after the dispute has arisen; in the absence of an agreement, the Parties agree that the applicable law for this contract is the Italian law and that the only competent court is the Court of Lucca.
9. Changing the General Sales Conditions
Whenever these SC are changed, Lelli Kelly SpA will promptly publish the amended SC on the Website.
The amended SC will form an inseparable part of the new Contracts starting from the first Order sent by the Customers after the publication on the website. In case of Orders sent before the communication, the previous version of the SC shall be valid.
10. Replacement clause
If a provision currently (or at a future time) present in the SC and/or in the contract is or becomes invalid and/or completely inefficient or if there is a shortcoming in the provisions of the SC and/or of the contract, the remaining provisions of the SC and of the contract will still be valid and effective. It is understood that Lelli Kelly SpA and the Customer undertake to bargain in good faith the integration of the shortcoming or the replacement of the invalid and/or ineffective clause with the aim to reach the same results pursued by the invalid or ineffective clause and to safeguard the economic basis of the contract.
Lelli Kelly SpA
These SC are protected by the laws in the field of intellectual property and copyright. Using them – also partially -for trade purposes is forbidden. Violations shall be prosecuted under criminal law.
Shipping and delivery
Shipping is free.
For the first item returned by the Customer, Lelli Kelly SpA shall pay the corresponding charges. In the event that the Customer returns the item a second time, the Customer shall pay the corresponding charges.
Usually, shipping takes up to 5-6 working days from the moment when Lelli Kelly SpA sends the confirmation that the shipment has been made. In exceptional cases, shipping may take more time. At Christmas time, it is necessary to order before 10th December in order to receive the items before Christmas.
Lelli Kelly SpA delivers the products purchased to the address specified by the Customer.
Goods delivery takes place on all working days.
The courier does not call before delivering nor handle requests to deliver at a particular time.
Once our goods have left the warehouse, you will receive an informative email with the SHIPPING CONFIRMATION specifying the shipping number. The shipping number can be used to track the parcel online.
The parcel can be tracked with the shipping number after about 1 working day from the shipping confirmation.
If you do not receive the goods within one week after receiving the shipping confirmation via email, please inform Lelli Kelly SpA by sending an email to firstname.lastname@example.org or calling the number +39 0583/4311.
If it was ordered a wrong item or a wrong size or if you changed your mind immediately after transmitting the Order, it is possible to change the Order until the time of packaging by promptly sending an email to email@example.com specifying the order number and the changes you would like to make. It is possible to make a change of the Order or the Order can be canceled and immediately replaced by a new one. However is necessary a prompt written communication from the Customer.
How to return an item
For the first item returned by the Customer, Lelli Kelly SpA shall pay the corresponding charges.
For the first item returned by the Customer, Lelli Kelly SpA shall pay the corresponding charges. In case other items are returned by the same Customer, the Customer shall pay the corresponding charges. The Customer can decide to use the means he/she deems more appropriate to send the items to Lelli Kelly SpA or to use a courier sent directly by Lelli Kelly SpA. In this case, Lelli Kelly SpA asks for contribution of € 20,00. If, after the second item is returned, another shipping is necessary, the charge is € 20,00.
In case you need to return an item, please inform firstname.lastname@example.org in order to ask for the return (and/or the replacement of the product).
For the first item returned, Lelli Kelly SpA shall send the courier to collect the item.
– Contact Lelli Kelly SpA at the address email@example.com to decide if the item shall be picked up at your house, at your office or, if specific agreements are made, at another place clearly specified.
– Place the product and the copy of the original delivery note (or the original copy of the note) in a box, if possible in the original box. Make sure the box is well sealed. Place a label with the names of the sender and of the receiver.
Please remember that you have 30 days after receiving the parcel to return the item. The returned-item policy does not prejudice your statutory rights nor your Right of Withdrawal.
Warning: items can be returned within 30 days after receiving the parcel. To be returned, items shall be intact and not used. For this reason we recommend to try shoes on a soft and clean surface (for example, a carpet). Be careful not to tear off labels or soil the items. By following this simple advice, you will save time and avoid disagreeable incidents in the event of a complaint for damages.
Refund and timeframe
If you have doubts, do not hesitate to contact Lelli Kelly SpA at the following email address firstname.lastname@example.org
After having received and checked the returned item, we will refund (or replace) the items sent. In case of refund, we will use the same payment method used by you when placing the order. In any case, the refund takes place a few days after receiving the items.
If you return the item following these instructions, you will be refunded the price paid to purchase the returned item (excluding the shipping charges paid). However, if you decide to terminate the sales contract within 14 calendar days after the actual delivery of the products, you will be refunded the price paid to purchase the product as well as the shipping charges.
The amount associated with the returned items is credited on the PayPal account used to purchase the items.
You can choose to be refunded through a transfer to your bank account:
• Bank transfer: provide the necessary information about your current account:
1. Account holder (Name – Surname)
2. IBAN code
3. BIC/SWIFT code
4. Bank (enter the name of your bank)
For any question about returned items, do not hesitate to contact Lelli Kelly SpA directly:
at the phone number+39 0583 4311 (Monday to Friday, from 8:30 to 12:30 and from 14:00 to 18:00), by email: email@example.com
If you return an item due to a mistake by Lelli Kelly SpA or because the item has defects or is not the one you had ordered and repairing or replacing it was not possible, you will be refunded the price of the item and the shipping charges borne to receive it.
Please contact us beforehand by phone or email providing a short description of how the defect was discovered, the identification details of the Customer and the order number.
If you wish to replace or change the item because you do not like it and/or the size is wrong, Lelli Kelly SpA can replace it with other products of the same type (if available); replacements with items in different price ranges shall be analysed on a case-by-case basis.
The first replacement requested by the Customer shall be paid by Lelli Kelly SpA. The following requests for replacement/change (that are not caused by a mistake of Lelli Kelly SpA) shall be paid by the Customer, as in the case of the return. In this case, too, the deadline is 30 days after receiving the parcel.
In any case, please always contact us beforehand, by phone or email, providing a short description of how the defect was discovered, the identification details of the Customer and the order number.