1.2 If you do not agree to these Terms, you must not use the Website.
Use of Website
2.1 You may use the Website only for lawful purposes and in accordance with these Terms.
2.2 You must not use the Website:
- In any way that violates any applicable national, European or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate LARICCÔ or any LARICCÔ employee, agent, another user or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by LARICCÔ, may harm LARICCÔ or users of the Website or expose them to liability.
Intellectual Property Rights
3.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LARICCÔ, its licensors or other providers of such material and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
3.2 These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
4.1 The Website may allow you to upload, submit, store, send or receive content and data (“User Content”).
4.2 You grant LARICCÔ a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and LARICCÔ’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
4.3 You represent and warrant that:
- You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to LARICCÔ the rights in such User Content, as contemplated under these Terms; and
- Neither the User Content nor your submission, uploading, publishing or otherwise making available of the User Content nor LARICCÔ’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Disclaimer of Warranties
5.1 The content on the Website is provided for general information purposes only and does not constitute professional advice.
5.2 LARICCÔ does not warrant the accuracy, completeness, or usefulness of the content on the Website. Any reliance you place on such information is strictly at your own risk. LARICCÔ disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
5.3 The Website and its contents are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Limitation of Liability
6.1 To the maximum extent permitted by law, in no event shall LARICCÔ or its affiliates, directors, officers, employees, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to your use of the Website or inability to use the Website.
6.2 LARICCÔ assumes no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays or interruptions in the delivery of any content contained on the Website or any losses or damages arising from the use of the content provided on the Website.
7.1 You agree to indemnify, defend and hold harmless LARICCÔ and its affiliates, directors, officers, employees, agents or licensors from and against any and all claims, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with your use of the Website, your User Content, or your violation of these Terms.
8.1 LARICCÔ reserves the right to terminate or suspend your access to all or part of the Website at any time, with or without cause, with or without notice, effective immediately.
8.2 Upon termination, you must immediately cease all use of the Website.
Governing Law and Jurisdiction
9.1 These Terms shall be governed by and construed in accordance with the laws of Luxembourg.
9.2 Any dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Luxembourg.
11.2 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.3 LARICCÔ’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LARICCÔ in writing.
11.5 LARICCÔ may assign its rights and obligations under these Terms to any third party without notice to you.
11.6 You agree that any notices or other communications that LARICCÔ provides to you electronically satisfy any legal requirement that such communications be in writing.
11.7 LARICCÔ may provide notices or other communications to you by posting them on the Website or by sending an email to the email address you provide to us.
Conditions of Sale
This document establishes the conditions and general conditions of sale of products from the website www.laricco.com.
The purpose of these general terms and conditions of sale is to provide the customer with all the necessary information on the terms of purchase and sale of products and the provision of services remotely in Luxembourg, under the terms of the law of 2 April 2014 on consumer rights.
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
By using this website or placing an order on it, you agree to be bound by these Terms and our Data Protection Policies. Therefore, if you do not agree to all the Terms and Conditions and Data Protection Policies, please do not use this website.
These Terms are subject to change. It is your responsibility to review them regularly, as the applicable terms will be those in effect at the time of use of the Website or conclusion of the Agreement (as described below).
3. OUR DATA
The sale of products through this website is carried out under the trade name of “LARICCÔ” by Ana Margarida Marques Perpétua, a sole proprietorship under Luxembourg law whose registered office is located at 103, Route de Remich with postal code L-5530 Moutfort (Grand Duchy of Luxembourg), registered in the Trade and Companies Register under number B196834 and registered for VAT under number LU27754139.
Automatic registration systems are considered as proof of the nature, content and date of the order. LARICCÔ confirms the acceptance of its order to the customer at the email address that it will have communicated. The sale will only be concluded from the confirmation of the order with all the constituent elements of the contract. LARICCÔ reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. Any order paid by bank transfer will only be processed upon receipt of payment. In the absence of payment, the order is considered null and void. Availability and shipping times are to be recalculated from the date of receipt of payment. The customer must verify the completeness and conformity of the information he provides when ordering. This information binds the buyer: in the event of an error, in particular in the wording of the recipient’s contact details, the seller cannot be held responsible for these input errors and the consequences in terms of delay or error in delivery or impossibility of delivery. In this context, all costs incurred for the return shipment will be borne by the customer.
Orders for products made to measure and personalized, signed by the customer irrevocably bind him.
The images of the products available on our website aim to reproduce as faithfully as possible the product as it really is. Some products may differ slightly from each other due to the materials and manufacturing processes used, especially natural stone products, in which case the visual profile of the final product will vary due to its natural characteristics. The images of the products are supplemented with information about their relevant characteristics.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, LARICCÔ cannot be held liable in the event of an error or omission in one of these photographs, texts or graphics, information or product characteristics. The products are presented in photography sometimes with other products. The description will mention what is or is not part of the product.
LARICCÔ cannot be held responsible for the non-performance of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike including postal services and means of transport and / or communications, flood, fire.
LARICCÔ guarantees the buyer, in respect of hidden defects that may affect the products delivered, in the context of a replacement of defective products, or parts making them unfit for their use, or their refund without being able to be considered by the buyer as responsible for any harmful consequences that these hidden defects could have caused.
6.1 The prices of the products are those disclosed on our website in euros, which already include VAT at the legal rate in force.
6.2 The prices of the website may be updated, it being understood that the price displayed at the time of the order is the final price which includes the price of the products, transport costs and all taxes.
7.1 LARICCÔ offers a home delivery service, for stone coffee tables and bedside tables, the price of which is included in the value of the delivery available on the site.
7.2 For small parcels, delivery is made in Luxembourg by POST or by one of our transport partners.
7.3 The period of availability of each product will be indicated at the time of the order and later on the order confirmation sent by e-mail.
7.4 The indicated delivery time is only approximate. A delay in delivery can in no case give rise to a cancellation of the order, a refusal of delivery or any form of compensation.
7.5 Changes made to the order at the request of the Customer automatically result in the cancellation of the delivery times initially planned.
7.6 Once the total order is paid and the items are available, the after-sales service will set the delivery appointment to be made within a maximum period of 30 days. For stone coffee tables or bedside tables, If this date does not suit the customer, a new date will be agreed between both parties.
7.7 This service does not include deliveries that involve lifting through windows or balconies, fixing on walls and ceilings or electrical installations.
7.8 In any case and before placing the order, the customer must check the measurements of the products, since he assumes at his own risk the problems inherent in the passage or operation of the products through doors, elevators, stairs, corridors or at the place of delivery.
7.9 In the presence of a fair impediment, the agreed date for delivery may be subject to change without this constituting a responsibility of LARICCÔ.
IMPOSSIBILITY OF DELIVERY
7.10 Delivery is made with the customer by the direct delivery of the product to the announced recipient, or in case of absence, to another person authorized by the customer. In case of absence of the recipient at the time of delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer.
7.11 The products are delivered to the address indicated by the customer on the order form. The customer must verify the completeness and conformity of the information he provides to LARICCÔ. The latter cannot be held responsible for any input errors and their consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the order will be entirely borne by the customer.
7.12 LARICCÔ cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike, in particular of postal services and means of transport and / or communications). The products offered for sale are either available from stock or the availability period is specified on the product sheet and confirmed in the order description. In case of stock shortage or unavailability of the ordered product, LaRicco undertakes to inform the customer as soon as possible and to specify a period of availability. The customer will confirm by e-mail his choice either to wait for the availability of the product or to be refunded.
8. TRANSFER OF RISK AND OWNERSHIP
8.1 You will acquire ownership of the products at the time we receive full payment of all amounts due in this regard, including delivery charges.
8.2 The transfer of risks to the customer occurs as soon as the products are handed over by LARICCÔ to the carrier. In all cases, the product(s) ordered therefore travel at the risk and peril of the Customer. Delivery is made with the customer by the direct delivery of the product to the announced recipient, or in case of absence, to another person authorized by the customer. In case of absence of the recipient at the time of delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer. The products must be collected at the address and according to the modalities indicated by the carrier. In case of non-withdrawal within the time limits set by the carrier, the products will be returned to us and we reserve the right to refund the price of the products, the shipping costs remaining the responsibility of the customer. Any delays do not entitle the buyer to claim damages.
8.3 Upon delivery, the customer must, in the presence of the carrier, check the condition of the package, the contents, the conformity and the condition of the product (s) before signing the acknowledgment of receipt of the package. If he finds anomalies concerning the delivery (missing product compared to the delivery note, damaged package, broken product etc.), he must refuse the delivery of the products or issue handwritten reservations on the delivery note. These reservations must be precise, detailed, dated and accompanied by the customer’s signature (The mention “subject to unpacking” or “packaging in good condition” has no legal value: you must note on the delivery note “REFUSAL FOR DAMAGE”). These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three (3) working days of delivery of the product(s). A copy will be sent to LARICCÔ via email to the email@example.com address or by mail to the following address:
Margarida Perpétua, 4 Rue Heicht, L-6926 Flaxweiler
9. WITHDRAWAL AND RETUR POLICY
9.1 Right of withdrawal
As a consumer, you have the right to withdraw from the Contract (except for the products mentioned in clause 9.3 below, for which the right of withdrawal is excluded) within 14 days without giving any reason.
The withdrawal period expires after 14 days from the date on which you or a third party, other than the carrier, you have designated acquires physical possession of the products or, in the case of several products forming part of the same order but delivered separately, after 14 days from the date on which you or a third party other than the carrier you have designated acquires physical possession of the last product.
To exercise your right of withdrawal, you must inform us of your decision by email to firstname.lastname@example.org or by filling in the contact form available on our website or by sending an unequivocal statement to the following address:
4 Rue Heicht,
You also have the option of using the attached withdrawal form, although this is not mandatory.
The direct costs incurred following the return of the products will be at your expense.
Your right of withdrawal from the Contract will only apply to products that are returned under the same conditions as those in which you received them. No refund will be given if the product has been used after being opened, if it is not in the same condition as at the time of delivery or if it has been damaged. You are therefore requested to take care of the product(s) in your possession. Please return the products using or including their original packaging, instructions and any other documents, if any, accompanying these products.
9.2 Effects of withdrawal
If you decide to withdraw from this Agreement, we will refund all payments received, including delivery costs (with the exception of additional costs arising from the customer having chosen, where applicable, a delivery method other than the less expensive standard delivery method offered) without undue delay and, In any case, no later than fourteen days from the day on which we have been informed of the decision to withdraw from this contract (goods not delivered). If the goods have been delivered, this period runs from the day of recovery of the goods or upon receipt of proof of shipment of the goods. We will make this refund using the same means of payment that the customer used for the initial transaction, unless it is expressly agreed otherwise; in any case, this refund will not incur any costs for the customer.
You must return the products to LARICCÔ using the following address: Margarida Perpétua, 4 Rue Heicht, L-6926 Flaxweiler, accompanied by a printing of the E-ticket as soon as possible and, in any case, within 14 days from the date on which you have informed us of your decision to withdraw from this Contract.
For stone coffee tables, side tables, and bedside tables we can take care of recovering the product. It will be picked up at the place where it was delivered and will have an associated cost of 60 euros. In this case, you must indicate in the contract termination request that you want us to collect the product. We will contact you later to arrange product collection.
9.3 Products not covered by the right of withdrawal
You do not have the right to withdraw from the contract if it concerns the delivery of personalized or tailor-made products.
10. FORCE MAJEURE
LARICCÔ disclaims its liability for any breach of its contractual obligations in the event of a case of force majeure, i.e., an external, unforeseeable and irresistible event, as defined by national law governing these general conditions of sale and its jurisprudence, and making it impossible to perform the obligation.
LARICCÔ cannot be held liable for damages of any kind, whether material, immaterial or corporal, which may result from a malfunction or misuse of the products marketed. The same applies to any changes to the products resulting from the manufacturers. The responsibility of LARICCÔ will, in any case, be limited to the amount of the order and can not be questioned for simple errors or omissions that could have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association, a consumer association or any other counsel of his choice. It is recalled that the search for an amicable solution does not interrupt the “short period” of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that, as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the buyer honors his financial commitments to the seller. Complaints or disputes will always be received with kindness and attention, good faith being always presumed in the one who takes the trouble to expose his problem. In the event of a dispute, the Customer will first contact LARICCÔ to obtain an amicable solution.
LARICCÔ’s liability is systematically limited to the value of the product in question, value on its date of sale and without any possibility of recourse against the brand or the company producing the product. In any case, the customer benefits from the legal guarantee of eviction and hidden defects. Provided that the buyer proves the hidden defect, the seller must legally repair all the consequences.
In any case LARICCÔ cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception
If the customer believes that there is a defect in the product(s), he must inform us as soon as possible, via Customer Service – info@laricco. com, with the following documents: invoice number, date of purchase, name of owner and photo of defects.
The characteristics of the natural materials used in production, such as, for example, grain variations, stone veins, texture, knots and color, are not considered a defect of the products. Normal deterioration due to use is not considered a defect.
13. ELECTRONIC SIGNATURE
The validation “click” constitutes an electronic signature. Any purchase order signed by the consumer by “click” of validation constitutes an irrevocable acceptance that can only be called into question in the cases exhaustively provided for herein. The “double click” associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature. This electronic signature has the same value between parties as a handwritten signature.
14. DATA PROTECTION
The information or personal data you provide to us will be processed under the Data Protection Policies. By using this website, you agree to the processing of such information and data and you declare that all information or data you have provided to us is true and accurate.