Terms & Conditions
General conditions for use of the Site
1. Company information
2. Age requirements
3. Registration and subscription to the Services
4. Term and Termination
5. Protection of industrial and intellectual property rights
6. User Materials
7. Links to other sites
8. Disclaimer of warranty
9. Limitation of liability
10. Indemnity
11. Applicable law
12. Protection of personal data
Welcome to the website: www.lbm1911.com (the “Site”).
BEFORE USING THE SITE, PLEASE CAREFULLY READ THE FOLLOWING GENERAL CONDITIONS WHICH GOVERN ITS USE (THE “TERMS OF USE”).
These Terms of Use govern access to the Site and the services available through the Site (the "Services") and regulate their use.
Use of the Site and its Services implies full acceptance by the user (the “User”) of all the Terms of Use, guidelines and other applicable provisions, the User acknowledges the binding nature of which. If the User does not intend to accept the Terms of Use and comply with applicable law, the User is asked not to register or use the Services.
The Site owner may periodically modify the Terms of Use if it deems it appropriate. In such case, Lubiam will publish the updated version of the Terms of Use on the Site. Users are encouraged to consult the Terms of Use regularly. Use of the Site and its Services after the date on which such changes were made constitutes acceptance by the User of the updated version of the Terms of Use. If the User does not accept such changes, he or she is asked not to use the Site.
1. Company Information
1.1 The Site and its contents are designed, managed and administered by Lubiam Moda per l'Uomo SpA (“Lubiam”) with registered office in Viale Fiume 55, 46100, Mantua, VAT number 01221630203, Registration in the REA MN-144079subject to the management and coordination of the Holding Industriale GB spa, a company with registered office in Viale Fiume 55, 46100, Mantua.
1.2 Sales on the Site are managed by Lubiam.
2. Age requirements
The Services are intended for persons who are at least eighteen (18) years of age (or in any case of legal age according to the law of their country). Users who have not reached the required age are requested not to proceed with registration and not to subscribe to any Services. If Lubiam becomes aware that the User is under eighteen (18) years of age or the legal age of majority in his or her country (or has intentionally misrepresented his or her age during the registration process), Lubiam may immediately cancel the User's registration or subscription, interrupting the provision of the Services.
3. Registration and subscription to the Services
3. 1 When registering or subscribing to the Services, the User is required to provide accurate and truthful information. The User undertakes to promptly update his or her data and/or inform Lubiam in the event of any changes to the information provided at the time of registration or subscription.
3. 2 If the User is registered for a Service that requires prior authentication (for example, an Account or a Wishlist), the User undertakes to immediately inform Lubiam if he or she suspects that there has been unauthorized access to his or her account or that his or her password has been violated. Responsibility arising from the use of the account remains solely with the User.
3. 3 Without prejudice to any other remedy provided by applicable law and the Terms of Use, in the event of a violation by the User of the provisions contained in the Terms of Use, Lubiam shall have the right to cancel the User's registration or subscription, block the User's account and/or deny, limit, suspend or revoke the User's access to the Site and the Services.
4. Term and Termination
4.1 The User's registration on the Site, or his/her subscription to one or more Services, will be effective upon completion of the relevant registration or subscription procedure.
4.2 The User has the right to freely withdraw from the Site registration or subscription to a Service at any time, without having to provide a reason; to exercise this right, the User must send an email to support@lbm1911.com or call +39 0376 309 202. Lubiam undertakes to confirm to the User that the User has cancelled their registration or subscription.
4.3 Lubiam has the right to terminate or suspend the User's registration or subscription to a Service at any time, with immediate effect and at its sole discretion, in the event of serious breach by the User of the provisions contained in the Terms of Use, without prejudice to any other legal rights. Lubiam will inform the User of the termination or suspension, as applicable, by communication sent by email or by post. The User's registration or subscription will be disabled.
5. Protection of industrial and intellectual property rights
5.1 The term "Site" means, respectively and by way of example and not limited to, the software, the implementation and use of the Site, the layout, the structure and the organisation of the contents of the Site, while the term “Materials” means any material reproduced therein and/or made available to the public, including, in particular, the collection and organisation of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, distinctive signs, logos, trademarks, distinctive elements defined as trade dress or other materials reproduced and/or made available through the Site.
5.2 The Materials present on the Site, including - by way of example and not limited to - trademarks, domain names, designs and models, patents and copyrights, trade names, logos, designs and other distinctive signs reproduced on the Site, even if not registered, are protected and are the property of Lubiam . All rights thereto, worldwide, are reserved. Unauthorized reproduction of the Materials is strictly prohibited.
5.3 The Site is intended for private use, for personal and non-commercial purposes; the Materials on the Site are meant for informational and/or promotional purposes only.
5.4 Users may not, in any form and/or by any means and for any purpose, even in part, carry out any of the following operations involving the Site, the Materials, or the related software: reproduce (except for reproduction for personal and non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and/or use derivative works or works inspired by them, sell or participate in any way in the sale. Downloading or copying, where authorized in writing by Lubiam , does not imply the acquisition by the User of any right, title, or interest in the Materials or the software.
6. User Materials
6.1 The User acknowledges and accepts that any proposal, project, idea, concept, photograph, contribution or any other content and material (with the sole exception of personal data) communicated or transmitted to Lubiam via the Site or by any other means, including social media (hereinafter the “User Materials”) are not to be considered confidential. By sending User Materials, the User grants Lubiam the non-exclusive and international right to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, the User Materials, for the entire duration of the protection period recognized by law, for advertising, promotional or product development purposes.
6.2 Lubiam is not required to:
(i) keep the User Materials confidential;
(ii) pay compensation for the use of the User Materials or in any way in relation to it;
(iii) provide feedback on the transmission of the User Materials and/or confirm receipt thereof.
6.3 The User represents and warrants that the User Materials do not violate any third-party rights arising from laws and/or contractual relationships, such as – by way of example and not limited to – copyright, trademarks, patents, trade secrets, privacy rights, or any other proprietary or personal right.
6.4 By submitting User Materials, the User acknowledges Lubiam 's right (but not obligation) to copy, reproduce, publish, communicate, distribute, or otherwise use, in whole or in part, the User Materials for any purpose, including, but not limited to, advertising, promotion, product development, or other commercial purposes, without this implying any right of the User or any third party to receive any compensation. The User is, and remains, entirely and exclusively responsible for all content of the User Materials.
6.5 Lubiam reserves the right to refuse or delete the User Materials, even without providing a reason, including if it deems the User Materials to violate the Terms of Use or to be offensive, illegal, or likely to violate the rights of third parties, cause harm to third parties, or threaten the safety of third parties.
7. Links to other sites
7.1 The Site may contain links to other websites. Lubiam has no control over such websites and is not responsible, nor can it be held liable, for the accessibility of third-party websites or their content.
7.2 The presence of links to other websites, as well as the presence of references to third-party information, products, or services in links to the Site, does not constitute, in any way and under any circumstances, an endorsement by Lubiam of such websites, information, products, or services, nor can it be interpreted as such. Any questions or comments regarding such websites should be directed to the operators of such websites.
7.3 Unless Lubiam has given prior written consent , Users may not frame the Site on any other website or create links to any part or page of the Site and/or to the Materials or any part thereof.
8. Disclaimer of Warranties
8.1 To the maximum extent permitted by law, the Site, its contents and the Services are provided free of charge on an “AS IS” basis and subject to availability. Lubiam does not provide any guarantees in relation to the Site, its contents or the Services, such as - by way of example and not limited to - any guarantees of continuity and absence of interruptions or errors in operation, protection against harmful programs (such as viruses, bugs, malware or similar), suitability for certain purposes, and indeed expressly excludes any such guarantee.
8.2 Lubiam cannot in any case guarantee the accuracy of the information shared through the Site or that such information is free from errors or omissions and expressly excludes any such guarantee or liability. Lubiam reserves the right to update and/or modify the content of the Site at any time without notice and without incurring any liability.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the User agrees to exonerate Lubiam from any liability, of any kind, for any damages, including, but not limited to, any direct or indirect damages of any kind, losses or expenses, that are due to, or in any way consequential to, the use of the Site, the Services, the contents of the Site or related to it, any linked sites or their use, as well as the inability of anyone to use them, or connected to any malfunction, error, omission, interruption, defect, delayed operation or transmission, computer virus or malfunction of the line or system, even if the user was aware of the possibility of such damages, losses or expenses.
10. Indemnity
To the maximum extent permitted by applicable law, you agree to indemnify and hold Lubiam , each of its subsidiaries or affiliates, and their respective officers, representatives, partners and employees, harmless from any and all losses, liabilities, claims or demands (including reasonable legal fees) made by a third party due to or arising from your use of the Site and the Services in violation of the Terms of Use, your violation of the aforementioned Terms of Use, your breach of your representations and warranties under these Terms of Use and/or your Materials provided through the Services giving rise to liability for Lubiam towards third parties.
11. Applicable Law
The Terms of Use are governed by Italian law.
12. Protection of personal data.
Before sharing personal data through the Site, Users should please carefully read Lubiam 's privacy policy regarding the protection of personal data, available here .
General Conditions of Sale
1. General provisions
2. Information on the Products and their availability
3. Prices
4. Conclusion of the contract of sale
5. Payment Methods
6. Transport and delivery
7. Right of withdrawal
8. Defects of conformity (statutory guarantee)
9. Guarantee of authenticity and intellectual property rights
10. Applicable law
11. Contacts
1. General provisions
1.1 These general conditions of sale (the “General Conditions”) govern all sales of Lubiam products (the “Products”) concluded remotely on the website www.lbm1911.com (the “Site”).
1.2 The seller is Lubiam Moda per l'Uomo Spa, with registered office at Viale Fiume 55, 46100 Mantua, Italy, VAT number and Fiscal Code no. 01221630203, REA MN-144079, (“Lubiam”).
1.3 Sales are reserved exclusively to customers acting as consumers (“Customers”). ‘Consumers' means natural persons over the age of 18 who are making purchases for purposes outside of their commercial, entrepreneurial, artisanal or professional activity.
1.4 The languages used for the conclusion of sales contracts through this Site are Italian and English. In the event of discrepancies between the two language versions, the meaning attributable to the texts written in Italian will prevail, and the Italian version of the General Conditions will be the only one to be authoritative in the event of disputes.
1.5 Customers are invited to carefully read the General Conditions and to check periodically for any updates.
2. Information on the Products and their availability
2.1 Information relating to the Products, together with the Product codes and their price, are available on the Site.
2.2 The graphic representation of the Products displayed on the Site is merely illustrative and, therefore, the images of the Products viewed through users' devices may appear slightly different from the actual characteristics of the Products, also for technological reasons.
2.3 The nature, variety, and quantity of the Products displayed on the Site are constantly changing. Lubiam cannot therefore guarantee the availability and permanence of all types, sizes, colors, and colors of the Products. It is possible that Products ordered by Customers may be unavailable at the time Lubiam processes the order. In this case, the Customer will be automatically informed by email that the Products are out of stock. Lubiam cannot be held liable in any way to Customers or third parties for the absence of Products displayed on the Site from the catalog.
3. Prices
3.1 Product prices are indicated on the relevant product pages, in the cart during checkout, and in the order confirmation email.
3.2 Product prices indicated on the Site are expressed in EUR or USD. For shipments to the European Union, prices already include all applicable taxes.
3.3. For shipments to the United States of America, prices already include duties but do not include any applicable local taxes or duties.
3.4 For shipments to other geographical areas, prices do not include any customs duties and any local taxes or duties applicable in the territory where the shipment is delivered. These costs will be indicated separately during checkout and in the order confirmation email.
3.5 Lubiam constantly checks the accuracy of the prices indicated on the Site; however, it cannot guarantee the absence of errors. If, after the Customer has placed an order, an error is discovered in the price of a Product, Lubiam will not accept the order, but will offer the Customer the opportunity to purchase the Product at the correct price. Any incorrect prices published on the Site are not binding on Lubiam.
4. Conclusion of the contract of sale
4.1 Before submitting an order on the Site, the Customer is invited to carefully read these General Conditions and any other document.
4.2 To purchase the Products, the Customer should (i) insert the selected Products into the shopping cart by clicking on the appropriate link, (ii) complete the order proposal, (iii) select the payment method and (iv) submit the order proposal to Lubiam via the Site.
4.3 Before completing an order, the Customer may make any corrections/modifications to the data entered by following the specific procedure indicated on the Site (by way of example, the Customer can modify the quantity of the Products he intends to purchase by adding or eliminating one or more Products from the shopping cart).
4.4 The data included in the order proposal and the Customer's data relating to the order will be stored by Lubiam for the period of time allowed by the applicable law, as more thoroughly described in the Privacy Policy.
4.5 Lubiam may, at its sole discretion, refuse an order proposal. In this case, no payable amount will be owed by the Customer to Lubiam. Lubiam may refuse an order proposal, by way of example and not limited to, in the following cases: (i) in the event of unavailability of the Products; or (ii) in the event of a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are being made for commercial purposes; or (iii) in the event of failure by the Customer to fulfill its obligations arising from a previous contract of sale concluded with Lubiam.
4.6 The contract of sale between Lubiam and the Customer is concluded when the Customer receives confirmation from Lubiam of acceptance of the order proposal (“Order Confirmation”), which occurs at the same time as the shipment of the Product. Lubiam 's acceptance (or otherwise ) of the order proposal will be sent to the Customer at the email address indicated by the Customer in the order proposal.
4.7 The Customer will be informed by email in the event of unavailability of one or more Products. In this case, the order proposal will be cancelled or accepted only for the available Products. In the event of partial acceptance, the Customer is required to pay only the price relating to the available Products.
4.8 The Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed price, information regarding delivery costs, if applicable, an address to which complaints can be submitted, and a link to the General Conditions.
4.9 After receiving the Order Confirmation, the order can no longer be cancelled or modified. Returns of Products already shipped must be made in accordance with the procedure set forth below.
4.10 The risk of loss or damage to the Products is transferred to the Customer when the Customer (or a third party designated by the Customer and other than the carrier) physically takes possession of the Products.
5. Payment methods
5.1 The Customer can pay the price of the Products included in the order proposal and shipping costs, if applicable, by using one of the payment methods expressly indicated on the Site.
5.2 The order will be charged to the Customer only after Lubiam has confirmed the availability of the Products .
5.3 No charge will be made to the credit card upon submission of the order proposal, except for any temporary charge necessary to verify the validity of the credit card. It is understood that, following the order processing, this temporary charge will be cancelled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be cancelled in the event of an order cancellation.
5.4 If, for any reason, the payment procedure fails, the contract of sale cannot be considered finalized.
6. Transport and delivery
6.1 The Products purchased will be delivered via a courier selected by Lubiam (the “Courier”) on weekdays. The Products will be delivered to the address indicated by the Customer in the order proposal. Delivery requests to PO boxes are not accepted.
6.2 Except in the event of force majeure or unforeseeable circumstances, deliveries will be made within 30 (thirty) days from the date indicated in the Order Confirmation. In the event of failure to deliver within the aforementioned deadline, the Customer may terminate the contract and Lubiam shall promptly reimburse all expenses incurred under the contract.
6.3 Lubiam will send the Customer a shipping confirmation email and subsequently a delivery confirmation email.
6.4 Upon delivery, the Customer (or a designated representative) must (i) check that the number of packages delivered corresponds to that indicated on the delivery note; (ii) check that the packaging and its seals are intact, undamaged, not wet or altered in any way; (iii) sign the delivery note; and (iv) if requested by the Courier, show an identity document. Any damage to the packaging and/or Products or discrepancies in the number of packages or information must be immediately contested in writing on the Courier's delivery note. Where permitted by applicable legislation, once the Courier's document has been signed without the Customer having raised any objections, the Customer may not raise any objections regarding the external characteristics of the delivered package; it is understood that the Customer may also raise objections subsequently, in accordance with the provisions of Article 8 below, where such objections concern the Products included in the package.
7. Right of Withdrawal
7.1 The Customer has the right to withdraw from the contract of sale, without specifying the reason, within 30 (thirty) days from the date on which the Customer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or, in the case of multiple deliveries, from the date of delivery of the last Product. Withdrawal is not permitted for customized products or in other circumstances of exclusion provided for by law.
7.2 Within this deadline, and in the presence of all additional requirements set forth by applicable law, the Customer can initiate the return process by completing the appropriate return form: https://returns.itsrever.com/lubiam/
7.3 Within 14 (fourteen) days of the notice of withdrawal, the Customer must return the purchased Products to Lubiam. Lubiam will arrange for collection of the Products from the Customer's delivery address. Should the Customer prefer to take care of the shipment of the Products autonomously, they must contact their chosen courier directly and bear the return shipping costs.
7.4 Unless otherwise indicated on the Site, the costs of returning the Products to Lubiam shall be borne by the Customer. The Products must be returned intact, unused, and undamaged, with the labels still attached and the security seal intact. The Customer is liable for any diminution in the value of the Product resulting from handling the Product in a manner other than what is necessary to establish its nature, characteristics, and functioning.
7.4 Lubiam will issue a full refund of the amounts paid by the Customer, including any standard shipping costs, within 14 (fourteen) days of the date on which Lubiam receives the Products returned by the Customer. This refund will be made by Lubiam using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and provided that the Customer does not incur any additional costs as a result of such refund.
8. Defects of conformity (statutory guarantee)
8.1 Should the Products present manufacturing defects or any other alleged defect of conformity, the Customer is invited to contact support by email at support@lbm1911.com .
8.2 From a legal standpoint, to be compliant with the sales contract, each Product must:
• correspond to the description, quantity, quality and other characteristics provided for in the contract of sale; and
• be suitable for any particular use desired by the consumer and accepted by the seller,
• be supplied with accessories and instructions;
• be suitable for the purposes for which goods of the same type are normally used,
• correspond to the quality (including safety) and description of a sample made available by the seller;
• be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the consumer can reasonably expect.
8.3 In the event of a lack of conformity, the Customer has the right to obtain full restoration of the Product's conformity through, at their discretion, repair or replacement, at no cost to them. If one of these remedies is objectively impossible or excessively costly compared to the other, the Customer may obtain an appropriate reduction in the price of the Product or, alternatively, the termination of the contract.
8.4 In the event that the Customer requests the repair or replacement of the Products due to an alleged lack of conformity within the terms set forth in this article, the delivery costs for returning the Products to Lubiam to be repaired or replaced, as well as all costs for returning the repaired or replaced Products to the Customer, will be borne solely by Lubiam.
9. Guarantee of authenticity and intellectual property rights
9.1 Lubiam guarantees the authenticity of all Products purchased on the Site. The “LBM1911” branded Products are made with selected materials of the highest quality and created according to the principles of high-quality Italian tailoring. The fabrics are the subject of constant research and come from prestigious weavers who respect the highest standards.
9.2 All “LBM1911” trademarks, figurative and/or shape trademarks, present on the Products, on the related accessories and/or packaging, as well as all illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products, are and will remain the exclusive property of Lubiam .
10. Applicable law
10.1 These General Conditions and, consequently, the contracts of sale concluded with the Customers are governed by Italian law.
10.2. Disputes arising from the interpretation, validity and/or execution of these General Conditions will be devolved to the jurisdiction of the court of the place of residence or domicile of the Customer.
11. Contacts
For further information and assistance on the Site or on the online purchasing methods, the Customer can contact Lubiam directly:
Lubiam Moda per l'Uomo Spa
Viale Fiume, 5546100 Mantova Italy
Tel. +39 0376 309 2 02