Terms and Conditions of Sale
1. Subject Matter
1.1. These general terms and conditions of sale (hereinafter also the “Conditions”) apply to the purchase of “Our Films Spa” branded products (hereinafter “Products” or in the singular “Product”) carried out through the e-commerce site store.ligabue.com (hereinafter the “Site”) by users qualifying as “Consumers” under article 1.2 below. The Site, owned by Our Films Spa, with registered office in Rome (RM) at Via Giovanni Nicotera, 29, 00195, VAT no. 17506111008 (hereinafter “Owner”), is managed exclusively by Easyreplica International s.r.l. with registered office in Via Toscana 34, 61122 Pesaro (PU), VAT no. 02568220418 (hereinafter “Easyreplica”).
1.2. Easyreplica is responsible for the sale of Products through the Site. Purchases of Products carried out through the Site will involve as parties Easyreplica International s.r.l., as the seller (hereinafter the “Seller”), and the individual proceeding with the purchase of one or more Products for purposes not related to their entrepreneurial, commercial, artisanal, or professional activity, as the buyer (hereinafter the “Consumer”), (Seller and Consumer will hereinafter be collectively referred to as the “Parties”).
1.3. The Owner is not a party to these Conditions, as it is not a party to the sale and purchase of Products between the Seller and the Consumer, but is the holder of the rights to the domain name of the Site, the logos and trademarks related to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer connected and/or related to the purchase of Products – including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contact details and in the manner indicated on the Site and to the e-mail address info@easyreplica.com.
1.5. Every purchase is governed by the general terms and conditions of sale in the version published on the Site at the time the order is transmitted by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are invited not to place purchase orders. Should one or more sales be made to a party not qualifying as a Consumer, these Conditions shall apply but, notwithstanding what is provided therein:
- the buyer will not be granted the right of withdrawal referred to in article 10;
- the buyer may not benefit from the warranty on Products indicated in article 8;
- the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;
- the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of information relating to the order placed and these Conditions be sent via e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.8. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.9. Any costs for the Internet connection to the Site, including telephone costs, are the exclusive responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Characteristics of the Products and their availability in different geographical areas
2.1. Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its own discretion, without the need to provide any prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded starting from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. Such variations apply only to orders not yet confirmed at the date of the variation itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the States indicated on the Site.
3. Methods of purchasing Products and completion of each individual purchase contract
3.1. The presentation of Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their personal use. Furthermore, the Consumer will be asked to identify and correct any errors in the entry of their data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending the Consumer, to the e-mail address declared to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation, and the Conditions applicable to the relationship between the Parties will be archived electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at the address info@easyreplica.com.
3.4. Each purchase contract for the Products is considered concluded at the moment the Consumer receives the order confirmation from the Seller via e-mail.
4. Selection and purchase procedure for Products
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of Products is finished, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) log in, if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which they can modify the contents: then, the Consumer, after careful reading, must expressly approve these Conditions through the specific check-box present on the Site and finally, through the “Place order” button, the Consumer will be asked to confirm their order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method among those available. Should the Consumer decide on the immediate payment method (simultaneous with the purchase) by credit card or PayPal, they will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting Products on the Site referred to in point 4.1 above, the Consumer notices that the price of one or more of the Products they intend to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the Site, they are requested not to complete their purchase order and to report the aforementioned technical error to the Seller’s Customer Service by sending an e-mail to the e-mail address info@easyreplica.com.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that on which the Consumer transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or their non-conformity with the order placed, according to the procedure referred to in art. 8 of these Conditions below, otherwise the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reserve”.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable), while they do not include shipping costs, which are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price, as reported in the order and in the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (where applicable), is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country where the Products will be delivered. The Consumer is invited to check with the competent authorities of their country of residence or destination of the Products to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4. Any further costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered under these Conditions shall be the exclusive responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in the previous paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, shall not constitute cause for termination of this contract and that they may not in any way charge the aforementioned expenses to the Seller.
7. Payments
7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time the price of the purchased Product(s) is credited to the Seller’s bank account.
7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to PayPal (Europe) S.à r.l et Cie, S.C.A, the operator that handles payments on behalf of the Seller. The transmitted data will be sent in secure mode, via 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data is not accessible even to the Seller.
7.4. The Seller will promptly transmit to the Consumer, where required by applicable law, in electronic format via e-mail to the address declared by the same, the fiscal receipt relating to the purchase made, if the purchased Products are intended to be delivered within Italian territory, or attached in hard copy to the purchased Products in all other cases.
8. Seller’s legal guarantee of conformity, reporting of conformity defects and warranty interventions
8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter “Consumer Code”), the Seller guarantees to the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use or washing of the Product that does not comply with the Product’s intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the reference illustrative documentation, tags, or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months after discovery, by sending the correctly completed form to Customer Service via e-mail at info@easyreplica.com [click here to download the return form for defective products], indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the fiscal receipt).
8.3. Following receipt of the form and relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner’s assistance service and, after having carried out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback containing the “Return Code” via e-mail to the address provided by the latter during the registration process on the Site or during order transmission. The authorization to return the Products shall in no way constitute an acknowledgment of defects or non-conformity, the existence of which must be ascertained after the return. Products for which the Seller has authorized return must be returned by the Consumer, together with a copy of the return authorization communication bearing the “Return Code”, within 30 (thirty) days of reporting the defect or non-conformity, to the following address:
Easyreplica International srl
via Toscana, 34
61122 Pesaro (PU)
8.4. In case of defects or non-conformity, the Consumer will be entitled to have the conformity of the Product restored by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree no. 206/2005.
If the Seller has undertaken to refund the price paid to the Consumer, the refund will be made, where possible, using the same payment method used by the Consumer at the time of purchase. It will be the Consumer’s responsibility to communicate to the Seller, again via e-mail to info@easyreplica.com, the bank details to carry out the transfer in their favor and to ensure that the Seller is put in a position to return the amount due.
9. Liability for damage from defective products
9.1. Regarding any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, in its capacity as distributor of the Products through the Site, releases itself from any liability, none excluded and/or excepted, by indicating, upon request of the damaged Consumer, the identity and address of the relative manufacturer.
10. Right of Withdrawal
10.1 Without prejudice to the exceptions provided for in Article 59 of the Consumer Code and the case expressly provided for in paragraph 10.7 below, the Consumer is granted the right to withdraw from any contract concluded under these Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately in a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform Easyreplica, before the expiry of the term referred to in point 10.1 above, of their decision by accessing the “My Returns” page from My Account or, if not registered on the site, by accessing the dedicated page and entering the order number and the e-mail address used for the purchase. Alternatively, the Consumer may send an explicit statement to Easyreplica International s.r.l. via the contact form or to the e-mail address info@easyreplica.com, of their decision to withdraw using the model withdrawal form attached [link to the return form for exercising the right of withdrawal].
10.3 Following the provisions of point 10.2 above, the Consumer will receive a confirmation e-mail of the exercise of withdrawal, containing, in the event that they have already received the ordered product in the meantime, the return form to be included in the package, and instructions to proceed with the return of the product, to be sent no later than the following 14 days to:
Easyreplica International srl
via Toscana, 34
61122 Pesaro (PU)
10.4 If the Consumer has received the product, they are required to return it to Easyreplica International s.r.l. without undue delay and, in any case, within 14 days from the day they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as proof of this, shall be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the withdrawal request, they will be indicated the cost for returning the goods, should they wish to use the return service offered by the site.
10.5 In the event of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of supplementary costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs resulting from the different means of payment will be borne by the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that they have sent the goods back, whichever is earlier.
10.6 The Consumer is responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, scuffing, scratches, deformations, etc.), not complete with all their elements and accessories (including unaltered tags and labels attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and wrapping, and the warranty certificate, where present, the Consumer will be liable for the decrease in the asset value of the good, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning and to cover the original wrapping of the Products with other protective packaging that preserves its integrity and protects it during transport, including from writing or labels.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Our Films Spa, with registered office in Rome (RM) at Via Giovanni Nicotera, 29, 00195, VAT no. 17506111008 and/or its successors in title, without any right to the same deriving to the Consumer from access to the Site and/or the purchase of the Products.
11.2. The contents of the Site may not be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Easyreplica International s.r.l. with registered office in Via Toscana 34, 61122 Pesaro (PU), VAT no. 02568220418.
12. Consumer Data and Privacy Protection
12.1. In order to proceed with registration, placing the order, and therefore concluding the contract on the basis of these Conditions, some personal data from the Consumer are requested through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the regulations of Italian Law D.Lgs. n. 196/2003 as amended – Privacy Code, to execute each purchase made through the Site and, subject to their consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the specific section of the Site “My Account” accessible after authentication.
12.4. For any further information on the methods of processing the Consumer’s personal data, please access the Privacy Policy section and carefully read the General Terms of Use.
13. Security
13.1. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation, and improper use by third parties, due to the technical characteristics and limitations relating to the protection of electronic communications via the Internet, the Seller and the Owner cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has logged in, are not accessible or viewable by unauthorized third parties.
13.2. Regarding data relating to credit card payments, the Seller uses the services of the company PayPal (Europe) S.à r.l et Cie, S.C.A which adopts technological systems aimed at guaranteeing the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.
14. Applicable Law, Attempt at Conciliation, and Jurisdiction
14.1. Every sales contract concluded between the Seller and Consumers under these Conditions shall be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in their State of residence shall be preserved.
14.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in an attempt at an amicable conciliation that each Consumer may promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Pesaro, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on the RisolviOnline regulations or to send a request for conciliation, access www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the option of accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) entity that has joined it, selectable from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative dispute resolution procedure relating to this contract, access the following link: ec.europa.eu/odr. The Seller’s e-mail address to be indicated on the European ODR Platform is as follows: info@easyreplica.com.
14.4. If the conciliation attempt referred to in point 14.2 or 14.3 above is not joined or if such attempt should have a negative outcome, the dispute will be referred to the court of the place of residence or domicile of the Consumer.
Information regarding the online resolution of disputes pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission grants consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court agreements on disputes arising from online purchases and service contracts.