Terms and conditions

FEUDO 1408 SRL VIA BRUGES 90/4, 59100 PRATO – Tax Code & VAT ID No. IT 02308190970

LATO A (BRAND DESIGNATION)

GENERAL TERMS AND CONDITIONS OF SALE (T&CS) FOR ON-LINE PURCHASES FROM WWW.LATOASHOP.IT

This document contains the general Terms and Conditions of Sale that govern purchases made on-line from the website www.latoashop.it.

Feudo 1408 Srl kindly invites all users to read these Terms and Conditions of Sale (T&CS) governing the purchase of products and the completion of orders made through the website.

If you use this website and submit an order here, you accept these conditions as well as the Data Protection Policies. Sending the order confirmation, therefore, implies your total acquaintance and acceptance of such conditions.

All purchases are governed by the provisions of Italian Leg. Decrees No. 206/2005 (Consumer Protection Act) and No. 21 of 21.02.2014.

Feudo 1408 Srl sells products in Italy and Europe.

1. CONCLUSION OF THE CONTRACT & DELIVERY OF PRODUCTS

1.1 ‘On-line Sales Contract’ means a remote contract, that is, a legal transaction which concerns products under the Lato A brand entered into between Feudo 1408 Srl, via the on-line service at www.latoashop.it, and the consumer-user of the site who is acting for purposes other than his business or profession.

1.2 In order to submit an order, the consumer-user shall follow the procedure for on-line purchases. Click on the ‘buy now’ button and send a binding offer for the items included in the virtual shopping cart opposite the brand. Within 24 hours after the order is submitted, the company will send an order confirmation email to the customer. Product(s) will be delivered within 2-3 working days afterwards. The contract between the company and the customer is entered into when the latter receives the confirmation of the order. If the customer does not receive the order confirmation within the above-mentioned term, the relevant order should be regarded as refused by the company, and therefore, should be void. Each order sent via www.latoashop.it means a contract of sales in Italian is entered into.

1.3 Where there is no stock of the product(s) in the order due to a cause beyond the control of the company, the latter shall duly and timely inform this. Should this occur, Feudo 1408 Srl shall have no obligation to make a delivery. However, the company undertakes to reimburse the delivery charges paid by the customer as soon as possible (and, in any case, within the time limit of 30 days).

1.4 The company shall send a courier of its choice all the products selected and order so that they are taken to the customer, thus implementing the delivery process.

1.5 Without prejudice to the provisions in point 1.3., the company undertakes to deliver goods within a time window ranging from 1 to 15 working days, a period that starts the day after the contract is entered into.

1.6 Delivery Terms Goods shall be delivered within 2-3 working days after they are received by the courier. Deliveries may be subject to delays depending on the courier.

The company shall not be held liable in any way if a delivery is delayed or missing as a result of unforeseeable circumstances or force majeure.

2. LIST OF PRICES. SHIPPING CHARGES

2.1 The customer shall pay the price that is published in the page of the product at the time the order is submitted.

The price shown in the website is inclusive of VAT and shipping charges. This does not apply to shipping services to Livigno, Venetian Lagoon, the Smaller Islands, and European countries; the cost will be communicated upon ordering.

If there is an evident error in the price of the product, the company undertakes to communicate this to the customer and to provide the option to confirm it at the right price or to cancel the order.

3. PAYMENT METHODS

3.1 Orders can be paid by credit cards, PayPal and Stripe.

3.2 When a payment is made using a credit card, the amount is debited when the contract is entered into.

3.3 By filling in the dedicated space in the payment system of the website, the customer confirms that she or he is the rightful holder of the card, and authorises Feudo 1408 Srl to use that credit card and debit the total amount showed for the on-line purchase to the favour of Feudo 1408 Srl.

3.4 Feudo 1408 Srl shall not be held liable for any fraudulent and unlawful use of credit cards or any other payment methods by third parties upon paying the products purchased.

4. CUSTOMER’S OBLIGATIONS

4.1 It is strictly prohibited to enter false and/or fictitious data when registering as a requirement to start for customers the process required to activate the process for the performance of this contract. Personal details, address, telephone number, and e-mail must be the customer’s actual personal data and should not be somebody else’s details.

4.2 The company reserves the right to start legal actions against any infringement and abuse with the aim of protecting consumers.

5. SELLER’S GUARANTEES

5.1 The company sells clothing items identified by the Lato A brand. These are top-quality garments. If the products ordered are faulty, the consumer shall inform such defect in writing (via mail) within 8 days after the product is received.

Feudo 1408 Srl may authorise a return of the items in order to check them. Transport-related risks of the goods shall be borne by the sender. In order to claim that an item be replaced, the consumer must follow the procedure specified for the right of withdrawal under point 6 herein below.

If the alleged defect is found, the company shall, within a reasonable period of time, remedy the problem as set forth under art. 130, paragraph 3, of Italian Consumer Protection Act, as well as refund shipping charge.

The company reserves the right to charge the customer for any costs incurred when checking the product and to return the product if it is intact and free of the defects alleged.

6. RIGHT OF WITHDRAWAL Art. 49, par. 1 h); art. 52, par. 1; art. 54 of Italian Consumer Protection Act

6.1 A consumer can exercise the right of withdrawal and return the items received if for any reason whatsoever they are not satisfied with the purchases.

6.2 The consumer has the right to withdraw within 14 days from the day on which the consumer or a third party, other than the seller and appointed by the consumer, acquires the material and physical possession of the ordinary goods to exercise the right of withdrawal. Feudo 1408 Srl must be informed (via postal address, fax, e-mail) of the decision to withdraw from this contract by means of an express written statement sent to the company (via certified mail letter, fax or e-mail).

7. EFFECTS OF WITHDRAWAL Articles 55, 56 & 57, Italian Consumer Protection Act

7.1 After withdrawing from this contract, the consumer shall return the goods (or consign them to the courier authorised by Feudo 1408 Srl to receive them) without undue delay, and in any case, within 14 days from the date the decision to withdraw from the contract is communicated, to:

Feudo 1408 Srl, Via Bruges No. 90/4-59100 – Prato.

The shipping charges incurred to return the returned product shall be borne by the consumer.

The items must be returned intact and in the same condition in which they were received, in their original packaging, with their sales tags attached. In addition, they must not be spoiled, damaged or soiled, and must be accompanied by transport document (present in the original packaging) so that Feudo 1408 Srl can identify the customer (order number, name, surname and address). They must not have any signs leading to suspect that they have been used; only signs compatible with a normal trying out of the article and such as not to permit reselling the article.

7.2 If the terms and the obligations of the consumer provided for herein above are not complied with, the company shall refund the sale price and the delivery cost, without undue delay and in any case, no later than 14 days from the day on which Feudo 1408 Srl is informed of the decision to exercise the right of withdrawal.

Such refund will be carried out by means of the same payment method used by the customer when the item(s) were purchased.

8. EXPRESS TERMINATION CLAUSE

The obligations assumed by the consumer referred to in point 4, Customer’s Obligations, of these T&CS as well as the successful completion of the payment are essential so that, by an express agreement, if the customer fails to meet only one of these obligations, the contract shall be terminated pursuant to art. 1456 of the Italian Civil Code, without the need for any court judgement, without prejudice to the right of Feudo 1408 Srl to take legal action for compensation.

9. APPLICABLE LAW, JURISDICTION, AND COMPETENT COURT

9.1 These T&CS and the sales agreements entered into on line are governed by Italian law (Italian Consumer Protection Act, Italian Legislative Decrees No. 70 of 09/04/2003, No. 206/2005 and 21/2014).

9.2 Any disputes shall be decided in accordance to the law of the Italian Republic.

9.3 For any disputes arising in connection with an on-line sales agreement, the judge of the place where the customer lives or is domiciled shall have territorial jurisdiction if such place is within Italy.

However, if the consumer lives abroad, the on-line agreement is subject to Italian legislation. The judge having territorial jurisdiction will be the one of the district in which the registered office of the company is located.

9.4 In any case, the consumer will be able to expedite an ADR procedure in accordance to articles 141 et seq of Italian Consumer Protection Act