This document (“General Terms and Conditions” or “Conditions”) governs the use of all the services offered through the www.lindameyerhentschel.com site (hereinafter also “Site”), including browsing, account creation, purchase of products offered.
For any questions or queries, we are available to assist our clients at the email address CustomerCare@lindameyerhentschel.com or through the specific contact area on the Site.
GENERAL TERMS AND CONDITIONS
Article 1 Recitals and Annexes
Article 2 Parties
Article 3 Purpose
Article 4 Creation, elimination and suspension of the account
Article 5 Prices, Product Features and Purchase Procedures
Article 6 Customs
Article 7 Availability of products and delivery
Article 8 Right of Withdrawal
Article 9 Non-conforming Products and legal warranties
Article 10 LMH’s obligations – Disclaimer of liability
Article 11 The User’s obligations – Indemnification
Article 12 Intellectual Property
Article 13 Applicable Law and Law Court
Article 14 Final Provisions
Article 15 Updates and amendments
Article 1 – Recitals and Annexes
- All contractual relations relating to use of the Site and orders made through the Site are governed by these General Terms and Conditions.
- By using the services offered through the Site including simply browsing, you expressly agree to comply with these Conditions.
Article 2 – Parties
- The Site belongs to LMH S.r.l., having its registered office in viale Gran Sasso 11, 20131 – Milan, VAT/tax code number 11042310968, e-mail CustomerCare@lindameyerhentschel.com and certified email address firstname.lastname@example.org (hereinafter “LMH”).
- By placing an order or a pre-order through the Site, the user (hereinafter also “Client”) represents that he or she is 18 or older and has the necessary legal capacity to enter into legally binding agreements.
- Purchase through the Site is solely for individuals acting for purposes other than any entrepreneurial, commercial, artisan or professional activities carried on and this gives rise to the application of dedicated legislation which under the Italian legal system is Legislative Decree 206/2005 et seq (Consumer’s Code). Purchase of any Product, as indicated in greater detail in article 3 below, for purposes of resale is prohibited. For the resale of LMH Products, send an email to the address email@example.com.
Article 3 – Purpose
- Through the Site, LMH offers for sale a selection of clothing products (hereinafter “Product” or “Products”).
- These Conditions govern use of the Site, including browsing on same, the creation/management of personal accounts and the sale of the Products through same, while they do not govern the sale of other goods or services by third parties to which the Site refers or which are associated in any manner, including through hyperlinks, banners or advertising.
Article 4 – Creation, elimination and suspension of the account
- The user may create a personal account on the Site, through which he or she can obtain a range of benefits, such as: simpler managing of orders and keeping statistical data, downloading tax documents, memorising delivery addresses and payment methods, accessing exclusive opportunities and other opportunities which may be publicised on the Site from time to time. Account creation is not indispensable for proceeding to make purchases through the Site and at any time the user may proceed to eliminate such account, sending an email to the address CustomerCare@lmh.fashion.
- The account must be considered strictly personal; it follows that it is not possible to utilise another user’s account and, at the same time, each user is strictly responsible for preventing access by third parties, whether or not they are authorised, and for protecting the security and confidentiality of the username and password. The user incurs sole liability for all activities performed with their own account and for all obligations arising as a consequence thereof (including, without limitation, financial obligations).
- LMH reserves the right to suspend an account, at its own discretion and without any obligation to provide advance notice and/or reasons should it have reason to believe that the user may have breached these Conditions.
- In the event of any actions carried out by the user or in any manner through the user’s account which may cause the Site to malfunction or give rise to errors, technical problems or infringements of the rights or interests of LMH, construed as both a platform and company, or otherwise third parties, LMH reserves the right to take all technical and legal measures to prevent the user from accessing the service, in addition to initiating any out-of-court or legal proceedings to protect our rights and interests. The user also undertakes to indemnify LMH and hold it harmless from and against any loss or damage of any type which actions undertaken by it or through its account may cause to third parties.
Article 5 – Prices, Product features and Purchase procedures
- The price of each Product is indicated in the specific section alongside All the sales prices of the Products present on the Site are expressed in Euro (EUR) and are inclusive of VAT as applicable under law. The prices of each single Product, published from time to time, annul and supersede the previous prices, but such amendments shall not apply to orders and pre-orders which have already been placed though not yet shipped.
- The essential features of the Products are presented on specific forms visible on the Site, alongside the Product. The user acknowledges and accepts that the images and colours of the Products offered for sale may not correspond to the actual Products on account of numerous factors such as the internet browser used, the device monitor, its illumination settings and/or other factors over which LMH has no control.
- In order to purchase one or more Products present on the Site, it is necessary to select them and add the desired quantity in the “shopping bag”. After making the choice, in the “shopping bag” it will be possible to check and review the Products and quantities selected. The Client remains responsible for verifying the accuracy of the data shown on the screen as under no circumstances does LMH incur any liability for errors or inaccuracies. The Products selected and the related quantities placed in the “shopping bag” may be amended up until the moment of payment.
- LMH takes every effort to provide accurate information on the Products and prices; nevertheless typographic errors, typing or system errors may occur. With the exception of recognisable errors pursuant to article 1431 of the civil code, in cases where, for any reason, Products or prices are indicated erroneously, LMH reserves the right, at its own discretion, to refuse or annul any order placed for that Product, providing an undertaking in such case to refund the entire price paid by the user for the purchase.
- By clicking on “place order”, the user confirms that they are the lawful owner of the credit card, indemnifying LMH and holding it harmless from and against all liability relating to unauthorised use of same. The credit cards are in all cases subject to verification and authorisation by the card issuer; accordingly, in cases where such organisation fails to authorise payment, for any reason, LMH shall be unable to enter into the agreement and incurs no liability for this or for any delay or non-delivery. The transaction platform uses the highest level of information security in accordance with the PCI DSS (Payment Card Industry Data Security Standard).
- LMH shall send an email summarising the order and confirmation, and upon receipt of same the sales agreement shall be deemed as having been entered into.
Article 6 – Availability of Products and delivery
- The availability or non-availability of the Product is indicated on the Site, alongside same.
- Should the Products not be available, the user may pre-order it, paying the related price. LMH undertakes to deliver the Product as pre-ordered within 28 (twenty eight) days; should it be unable to comply with this delivery timeframe, LMH undertakes to fully reimburse the amount paid when the order is placed, using the same payment method as the one used by the Client.
- If the Product is available, LMH undertakes to prepare it for shipping and within 2 (two) business days to deliver it to the party engaged to deliver the Product to the user (“Carrier”) according to the method referred to as Standard, which may take on average between 3 and 5 days.
- It is possible to track the package and obtain further information on the Carrier’s specific delivery policies at the link which will be sent to you when the Product is shipped.
- In the event that, due to a system error, a Product appears to be available but is not, LMH undertakes to contact the user to define the method of refund or to replace the Product.
- For purchases including more than one Product, it is possible that they may be subdivided into several packages, according to warehouse requirements and at LMH’s sole discretion. LMH undertakes to deliver the Products as quickly as possible, however during periods of intense sales it is possible that deliveries may require more time. By accepting these Conditions, the user acknowledges and expressly accepts that the delivery timeframe indicated in this article is purely indicative and that under no circumstances does failure to comply provide grounds for claims that LMH is in breach of the agreement.
- Delivery to the Carrier constitutes delivery to the user and, accordingly, by delivering to the Carrier, the risk of loss or damage passes to the user. Any complaint relating to loss or damage during shipping or delivery must therefore be raised directly with the Carrier.
- The Products shall be delivered in packaging designed to ensure integrity during transport. Upon receipt of the Products, the user is required to check that the packaging is intact and undamaged, in addition to the accuracy of the number of packages. Should the user become aware of any anomaly, they must sign the delivery document with goods received subject to verification and contact the customer care service. Should they fail to do so, the user may not subsequently raise any complaint about delivery, without prejudice to the provisions governing warranties in article 9 below.
Article 7 – Customs
- Should the Products be delivered outside Italy and/or the European economic area, import duties and taxes may be applied; they may be collected when the package reaches the destination specified. Under the terms of these Conditions, the Client acknowledges and expressly declares that he or she has understood that he or she shall bear any additional customs clearance costs, being unable to claim any payment from LMH.
Article 8 – Right of Withdrawal
- The user is entitled to withdraw from the purchase, without any obligation to provide reasons, within 30 days of the date on which the Product or Products are delivered and without any cost or penalty being charged. In order to activate the procedure and return the Product or Products, the user is required to follow the instructions contained in the specific “Shipping and Returns” section present on the Site and in the document which LMH sends together with the Products. Such instructions comprise an integral part of these Conditions.
- In the event of withdrawal, LMH undertakes to refund to the user the full amount paid as the price of the Product and the costs relating to shipping of the Product for which the right of withdrawal is being exercised. The refund shall be made with the same method as the payment used for the purchase, unless the user has expressly agreed otherwise, upon physical receipt of the Product by LMH.
- Should the instructions for return of the Product not be scrupulously followed and should the Product be used and/or handled for purposes other than those necessary for establishing the nature, the features, the functioning of the Product or should it be damaged or modified, the price of the Product shall not be refunded and the user may incur liability for the reduction in the value of the Product
Article 9 – Non-conforming Products and legal warranties
- LMH warranties to the Client that the Products are without defects and conform to the contents of these conditions of sale, both with regard to the quality of same and the use which is usually made of goods of the same type. Accordingly, a partial difference in the colours appearing in the description of the Products, including pursuant to article 5, or any marginal difference between the description of the Product on the Site and the real characteristics of the Product does not constitute non-conformity.
- In the event of delivery of a Product which is different from the one purchased or a non-conforming Product, in accordance with the previous paragraph and without prejudice to the provisions of article 8, the Client is entitled to request repair or replacement with another Product which conforms. Should this not be possible, the Client shall be entitled to a reduction in the price, corresponding to the reduction in the value, or otherwise termination of the agreement.
- The Client undertakes to inform LMH of any non-conformity within two months of the date on which it discovers the defect, with an email sent to CustomerCare@lindameyerhentschel.com.
- The legal warranty is governed by article 128 – 135 of the Consumer’s Code, to which reference must be made for all matters not provided for herein.
Article 10 – LMH’s obligations – Disclaimer of liability
- LMH undertakes to offer Products with high standards of quality.
- The user acknowledges and accepts that LMH may not be held liable for total or partial failure to perform any obligation set forth in these Conditions, should this be determined by causes beyond its control, such as, by way of non-limiting example: a) unforeseeable circumstances, catastrophic events or force majeure, obligations determined by legal provisions/ factum principis or court orders; b) third-party actions, including LMH’s suppliers; c) technical problems as per point 4 of this article, lack of connectivity or electricity; d) strikes by workers and/or strikes and/or restrictions relating to traffic, actions by couriers, air connections or any other type.
- LMH undertakes to ensure that the system functions in the best possible manner; nevertheless the platform is based on technologies including third-party technologies regarding which it is not currently possible to guarantee, a priori, the accuracy and absence of errors. We would ask you to report to us any bugs, malfunctioning and/or any need for assistance, informing us through the email address CustomerCare@lindameyerhentschel.com or the contact form. By accepting these Conditions therefore, the user acknowledges and accepts that under no circumstances whatsoever may LMH be held liable towards the user or towards third parties for problems of functioning, suspension and/or interruption and/or delay in sight functioning, determined by causes beyond LMH’s control, such as, by way of non-limiting example: a) unforeseeable circumstances, catastrophic events or force majeure; b) third-party actions, including those involving LMH’s suppliers; c) malfunctioning, tampering or non-conformity of the systems and equipment used by the user; d) breakdowns and malfunctioning of the machines and software, whether they be the property of LMH or its suppliers; e) interruption, malfunctioning, non-usability of the internet network by LMH or the user.
- LMH is not liable for the content, functions, accuracy, legality, appropriateness or any other aspect of third-party sites linked in any manner whatsoever to its own.
Article 11 – The user’s obligations – Indemnification
- By proceeding with the purchase, the Client undertakes to guarantee the accuracy and truthfulness of all the data and information sent for purposes of entering into the agreement and to promptly acknowledge any request for additional information received from LMH.
- The user undertakes to use the Site and the service offered therein solely for lawful purposes allowed by such legal provisions as may be in force at any one time, by customary use and practice, in accordance with the rules governing the duty of care and the user accepts all liability as to the use of the Site, herewith undertaking to indemnify LMH and hold it harmless from and against any and all claims or requests for compensation for loss or damage/indemnification raised by any other party and in any venue.
- By using the Site, the user undertakes to comply with the Conditions set forth in this document.
- Without prejudice to any other obligation laid down by law or under the agreement, the user also undertakes to act in accordance with regulatory provisions safeguarding programs, data, IT systems, IT and data transfer communications.
- By accepting this Agreement, the user also declares that he or she has understood and accepted the purposes of the Site and undertakes not to use it for unlawful acts and/or acts which may give rise to any type of loss or damage for LMH and/or from third parties.
Article 12 – Intellectual Property
- The Site, including – by way of non-limiting example, all the information and contents thereof such as the wording, software, script, graphic layout, photos, sounds, music, video, interactive functions (“Content”) belong to LMH or to those licensing such to LMH for use of same.
- Use of the Site by the user does not entail the acquisition of any intellectual and/or industrial property rights to same and/or software connected thereto and the user undertakes not to use automatic or manual mechanisms to copy the pages of the website or the content without obtaining LMH’s express written authorisation.
- The Content may not be downloaded, copied, reproduced, distributed, sent, viewed, sold, licensed or used for any other purpose without LMH’s prior written consent or the consent of the respective owners or licence holders.
Article 13 – Applicable Law and Law Court
- These Conditions are deemed to have been determined in Italy and are regulated by Italian law. In the event of any dispute relating to this agreement or connected or linked in any way to same, the court in the place where the Client is domiciled or has residence in accordance with applicable law, shall exercise exclusive jurisdiction, namely Milan law court. This is without prejudice to the possibility of seeking out-of-court settlement of disputes, as provided for under article 66 and 141 of the Consumer’s Code.
Article 14 – Final Provisions
- LMH may share non-personal information with its partners, such as for example data processing companies or sites connected to ours. It may share non-personal or anonymised information (for example statistical information) publicly in order to show the service usage data.
- Should one or more clauses of these Conditions, the recitals or annexes be found partially or totally ineffective and/or invalid, this shall not render the remaining clauses ineffective/invalid and such clauses shall continue to be fully valid and effective.
Article 15 – Updates and amendments
- These Conditions are amended in accordance with LMH’s business requirements or in accordance with any legislative amendments. Any update to the Conditions shall be published on the Site and shall be immediately affective from the date of publication.
- The agreement entered into with each user is to be considered finalised in accordance with the Conditions in force at that time and as published on the Site.
Last updated June 2021