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Table of Contents
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE GENERAL CONDITIONS OF SALE
General Terms and Conditions of Use of the Website
Updated to June, 2015
2. User Age
3. Registration and Subscription to the Services
4. Duration and Termination
5. Electronic Services
6. Intellectual property rights
7. Submitted material
8. Links to other sites
9. Authenticity of products branded ”Lubiam”
10. Exclusion of warranties
11. Limitation of liability
13. Governing Law
Welcome to www.lbm1911.com website (hereinafter the ”Website”).
1.1 The Website and its contents are designed, operated and administered by Lubiam Moda per l’Uomo S.p.A, an Italian incorporated sole ownership, with registered office in Viale Fiume 55, 46100, Mantova, VAT and Fiscal Code 01221630203, REA number MN-144079, share capital Euro 16,000,000 fully paid-in, subject to the management and coordination of Holding Industriale G.B. Spa, with registered offices in Viale Fiume 55, 46100, Mantova (hereinafter ”Lubiam”).
1.2 Purchases made through the Website by customers in Italy are processed by Lubiam Moda per l’Uomo S.p.A. with registered office in Viale Fiume 55, 46100, Mantova, VAT Fiscal Code 01221630203, REA number MN-144079, share capital Euro 16.000.000 fully paid-in.
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
4.3 You may terminate your registration for, or subscription to, the Website at any time at your sole discretion, without reason, by sending an e-mail to email@example.com or calling the number +39 0376 309 230. We will confirm to you the cancellation of your registration or subscription.
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
6.1 The terms ”Website” and ”Material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any Material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other Material reproduced and / or made available through this Website (”Material”).
6.2 All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Lubiam. All rights are reserved, worldwide.
6.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Lubiam. All domain names used on the Website and / or connected to it are owned – or used with permission - by Lubiam, which manages them on a worldwide basis.
6.4 This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
6.5 It is not permitted to reproduce (except where the reproduction is made for personal 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 from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the Material in this Website or related software , in whole and / or in part, in any form and / or manner, and for any purpose.
If the downloading or the copying should be permitted by Lubiam in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Lubiam through this Website or by other means (”Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to Lubiam a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
7.2 Lubiam is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
7.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
7.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Lubiam to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
8.1 This Website may contain links to other websites. Lubiam has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Lubiam of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
8.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Lubiam.
9. Authenticity of products branded ”L.B.M.1911”
9.1 The products branded ”L.B.M.1911” promoted through the Website are made with the finest materials, and they are all sourced from selected suppliers and Lubiam guarantees their authenticity. The production of the garments respects the values of high Italian tailoring and is characterised by strong innovation and attention to detail. The in-depth study of materials has led to a specialisation in the use of exclusive dyeing treatments, processing and washing, carried out on the finished garment. With its expertise, L.B.M.1911 is today an international reference point in high-end menswear and can define itself as a leader in this sector.
10.1 To the maximum extent permitted by law, this website, its contents and services are provided free of charge on an ”as is” and ”as available” basis. Lubiam provides no warranty or guarantee in connection with this website, its content or services, including, by way of example, that it will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), or that it is suitabile for any particular purposes, and expressly declines any such warranties.
10.2 Lubiam works to ensure that the information made available through the website is accurate and up to date. However Lubiam cannot guarantee the accuracy of such information or that such information is free from errors or omissions and Lubiam makes no warranty, and shall have no liability, in respect of the same. Lubiam reserves the right to update and/or correct the contents of the website at any time without notice and without any liability.
11.1 Some countries do not allow all or part of the following limitations or exclusions of liability and, if required by applicable law, the contents of this section may not apply to you.
11.2 As the service is provided free of charge, you are responsible for evaluating the information and content obtained through the website. by using the website you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the website.
11.3 To the maximum extent permitted by applicable law, you also undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages including without limitation direct or indirect damages of any kind, losses or expenses arising or resulting from the use of this website, the services, its contents or related to it, or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.
General Conditions of Sale
As of July 2021
1. General Dispositions
2. Identification of the seller
3. Information about products and their availability
5. Conclusion of the contract
6. Payment methods
7. Trasport and delivery
8. Shipping and delivery confirmation
9. Right of withdrawal
10. Conformity defects
11. Guarantee of authenticity and intellectual property rights
12. Applicable law and competent court
1.1 These general terms and conditions of sale (hereinafter, "General Terms and Conditions") govern all sales of Lubiam products (hereinafter, "Products" or "Product") concluded at a distance on the website www.lbm1911.com (hereinafter, the "Site").
1.2 The distance sales service governed by the General Conditions is reserved exclusively for consumers for personal use (hereinafter, "Customers" or "Clients"); "consumers" means natural persons, over 18 years of age, acting for purposes unrelated to their trade, business, craft or professional activity. Accordingly, by placing an order on the Site, the Customer accepts and warrants that the relevant purchase is not made in connection with any relationship or transaction with entities or individuals subject to United Nations, United States or EU sanctions or to be reported to North Korea or Syria.
1.3 The languages used for the conclusion of sales contracts through this Site are English and Italian.
1.4 The Customers are required to read carefully the General Conditions, available on the Site, in order to become acquainted with them, to memorize and reproduce them. Lubiam (as defined below) will send a copy of the General Terms to the Customer pursuant to article 5.10 of these General Terms.
2.1 The seller is Lubiam Moda per l’Uomo Spa, having its registered office in Viale Fiume 55, 46100, Mantova, VAT adn fiscal code 01221630203, REA MN-144079, shared capital of 16.000.000 Euro, fully paid-in.
3.1 Information about the Products, together with the Product codes and their prices, is available on the Site.
3.2 The graphic representation of the Products displayed on the Site may differ from reality; the Customer must therefore rely exclusively on the description of the Product and its characteristics shown on the Site.
3.3 Lubiam reserves the right to limit, at any time, the quantity and/or type of Products which can be purchased on the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchase procedure, should it not be possible to process the order due to the unavailability of the Product ordered, the Customer shall be notified by means of an automatic message. Lubiam shall not be liable towards the Customer in the event of non-availability of a Product if this occurs before the conclusion of the contract.
3.4 Lubiam is in no way responsible for any errors deriving from the failure of the Customer's connection to the Website.
4.1 The price of the Products indicated on the Site is expressed in EUR or USD.
For the territory of the European Union, prices already include all applicable taxes or duties.
For the United States of America, prices already include duties but do not include any applicable local taxes or duties.
For all other geographical areas, prices do not include any customs duties and any applicable local taxes or duties.
In all cases, delivery charges, if any, will be added to the price of the Products and will be indicated separately on the order form.
4.2 Lubiam constantly checks the accuracy of the prices indicated on the Website; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the indication of the price of a Product, Lubiam shall reject the order and offer the Customer the opportunity to purchase the Product at the correct price. Should the error be found only after acceptance of the order, Lubiam shall offer the Customer the opportunity to cancel the order.
5. Conclusione del contratto
5.1 The Site contains the essential characteristics and the price of each Product. The information on the Website does not constitute an offer by Lubiam.
5.3 In order to purchase the Products, the Customer must (i) insert the selected Products in the "Shopping Cart" by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method and (iv) send the order proposal to Lubiam via the Website.
5.4 The transmission of the order proposal constitutes a purchase proposal relating to the Products selected, governed by these General Conditions and binding for the Customer, without prejudice to the right of withdrawal provided for in Article 9 below. The transmission of the order proposal by the Customer entails the latter's obligation to pay the price of the Products ordered.
5.5 Before submitting the order proposal, the Customer has the opportunity to make any corrections/changes to the data entered by following the procedure indicated on the Site (by way of example, the Customer has the right to change the quantity of the Products he intends to purchase by adding or removing one or more Products from the "Shopping Cart").
5.7 Lubiam may, at its own discretion, refuse an order proposal within 30 days of receipt thereof. In such event, no amount shall be due by the Customer to Lubiam. Lubiam may refuse an order proposal, by way of example but not limited to, in the following cases: (i) in the event of non-availability of the Products (without prejudice to the provisions of Article 3.3); or (ii) in the event that there is a report, or suspicion, of fraudulent or illegal activities, including the suspicion that the purchases are made for commercial purposes; or (iii) in the event of non-fulfilment by the Customer of its obligations arising from a previous agreement entered into with Lubiam.
5.8 The contract between Lubiam and the Customer is concluded when the Customer receives confirmation from Lubiam of acceptance of the order proposal ("Order Confirmation"). Lubiam's acceptance (or rejection) of the order proposal shall be sent to the Customer at the e-mail address indicated by the Customer in the order proposal.
5.9 If one or more of the Products ordered are not available, the Customer will be notified by e-mail. In this case, the order proposal is cancelled, or accepted only for the Products available. In the event of partial acceptance, the Customer is obliged to pay only the price of the Products available (if payment is made by credit card, the Customer will be charged only the amount corresponding to the Products available).
5.10 The Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price, information on delivery costs, if any, an indication of an address to which complaints can be made and a link to the General Conditions.
5.11 Once the Order Confirmation has been received, the order cannot be cancelled or modified. Products already shipped must be returned in accordance with the procedure set out in Article 9 below.
5.12 The risk of loss of or damage to the Products transfers to the Customer when the Customer (or a third party designated by the Customer other than the carrier) takes physical possession of the Products.
6.1 The Customer may make payment of the price of the Products contained in the order proposal and of the delivery charges, if any, using only the credit cards and other payment methods expressly indicated on the Website. As the purchaser, you represent and warrant that you have lawfully obtained the funds used to pay the price of the Products included in the order proposal (and the relevant delivery charges, if any) and that you are not involved in any transaction intended to conceal the identity, origin or destination of the funds with which you pay the price of the Products ordered (and the relevant delivery charges, if any).
6.2 The transactions shall be charged to the Customer's credit card only after (i) the credit card details have been verified, (ii) the debit authorisation has been received from the company issuing the credit card used by the Customer, and (iii) the availability of the Products has been confirmed by Lubiam.
6.3 Your credit card shall not be charged at the time of transmission of the order proposal, except for the temporary charge that may be necessary to verify the validity of your credit card. It is understood that, once the order has been processed, this temporary charge will be cancelled and replaced by the charge corresponding to the amount owed by the Customer. The temporary debit shall also be cancelled if the order is cancelled.
6.4. If, for any reason whatsoever, it is not possible to debit the credit card with the amounts owed by the customer, it will not be possible to execute the contract and the order shall be deemed cancelled.
7. Transport and delivery
7.1 The purchased Products shall be delivered by a courier selected by Lubiam (hereinafter the "Courier") on working days. The Products shall be delivered to the address indicated by the Customer in the order proposal. Deliveries to post office boxes are not possible.
7.2 Except in the event of force majeure or unforeseeable circumstances, deliveries shall be made within 30 (thirty) days from the date indicated in the Order Confirmation. In the event of non-delivery within the aforementioned term, the Customer shall be entitled to terminate the agreement and Lubiam shall be obliged to reimburse, without any delay, all the expenses incurred by reason of the agreement.
7.3 At the time of delivery, the Customer (or his delegate) shall (i) check that the number of packages delivered corresponds to the number 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 document; and (iv) if requested by the Courier, present an identity document. Any damage to the packaging and/or Products or mismatch in the number of packages or indications must be immediately notified in writing on the Courier's delivery note. Where permitted by current legislation, once the Courier's document has been signed without the Client raising any objections, the Client may not raise any objection regarding the external characteristics of the package delivered; it is understood that the Client may raise objections even later, in accordance with the provisions of article 10 below, if such objections concern the Products.
7.4 Delivery costs, if charged to the Customer, will be highlighted separately in the order form.
8.1 Lubiam shall send the Customer an e-mail confirming dispatch and subsequently an e-mail confirming delivery.
9.1 The Customer is entitled to withdraw from the contract, without specifying a reason, within 14 (fourteen) days from the date of delivery of the Products or, in the case of a split delivery, from the date of delivery of the last Product.
9.2 Within the period provided for in Article 9.1 above, the Customer may begin the return process by filling in the appropriate form in the Customer Account section.
9.3 Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with article 9.2 above), the Customer shall return the purchased Products to Lubiam by sending them to the following address: Lubiam Moda per l'Uomo Spa, Viale Fiume 55, 46100 Mantova, Italy. To this end, Lubiam shall arrange collection at the Customer's delivery address. If the Customer prefers to manage the shipment of the products himself/herself, he/she shall contact the forwarding agent of his/her choice directly and pay the return costs directly to the courier.
Unless otherwise indicated on the Website, the costs for returning the Products to Lubiam shall be borne by the Customer. The Products must be returned intact, unused, undamaged, with the labels still attached and the security seal intact. The Customer is liable for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and operation.
9.4 Lubiam shall provide for the full reimbursement of the sums paid by the Customer, including any standard shipping costs, within 14 (fourteen) days from the date on which Lubiam has received the Products returned by the Customer. Such reimbursement shall be made by Lubiam with the same methods of payment used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and on condition that the Customer shall not incur any additional expenses for such reimbursement.
10.1 In the event that the Products sold by Lubiam should present production defects or in any case any alleged conformity defect, the Customer shall be required to contact the online assistance service, by e-mail, at firstname.lastname@example.org.
10.2 The Customer shall be entitled to obtain full restoration of the conformity of the goods by means of repair or replacement, at his or her choice, and at no cost to him or her. In the event that one of these remedies is objectively impossible or excessively onerous compared to the other, the Customer shall be entitled to obtain an appropriate reduction in the price of the Products or, alternatively, termination of the agreement. The Customer shall forfeit these rights if he fails to report the alleged conformity defect to Lubiam within 15 (fifteen) days from the date on which he discovered such defect.
10.3 In the event that the Customer requests the repair or replacement of the Products due to an alleged lack of conformity of the same under the terms of this article 10, the delivery costs for returning the Products to be repaired or replaced to Lubiam, as well as all the costs for returning the repaired or replaced Products to the Customer, shall be borne solely by Lubiam.
11.1 Lubiam guarantees the authenticity of all the Products purchased on the Website. The Products branded "L.B.M.1911" are made with selected materials of the highest quality and manufactured according to the principles of high Italian tailoring. The fabrics are the object of constant research and come from prestigious weavers who respect the highest standards.
11.2 All "L.B.M.1911" trademarks, figurative and/or shape trademarks, present on the Products, on the relevant accessories and/or packaging, as well as all illustrations, images and logos protected by copyright, and, more in general, all intellectual property rights relating to the Products, are and shall remain the exclusive property of Lubiam.
12.1 These General Conditions and, consequently, the contracts concluded with the Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree no. 70 of 9 April 2003, the "E-Commerce Decree") and must be interpreted in accordance with it.
12.2. Disputes arising from the interpretation, validity and/or execution of these General Conditions shall be referred to the jurisdiction of the judge of the place of residence or domicile of the Customer.
Alternatively, the Customer may choose to access the platform for out-of-court settlement of disputes provided by the European Commission, available at http://ec.europa.eu/odr.
13.1 For further information and assistance on the Website or on the online purchase procedures, the Customer may contact Lubiam at the following addresses:
Lubiam Moda per l'Uomo Spa
Viale Fiume, 55
Tel. +39 0376 309 230
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