TERMS & CONDITIONS
TERMS & CONDITIONS
The present "General Conditions of Sale" of LUXURYOFHOMES.COM (hereinafter, "Luxuryofhomes.com" or "Site"), constitute the agreement between the User navigating the Site, also defined as "Customer" and Luxury of Homes srl (hereinafter also "Seller"). By adhering to our services of navigation on the Site and electronic commerce, the Customer is called to accept the General Conditions herein.
These General Conditions regulate, constituting an integral part, any quotation, offer, confirmation and agreement for the sale of goods stipulated between the Buyer on one side and the company itself, prevailing over any other agreement that may have been stipulated between the Parties.
- GENERAL CONDITIONS
1.1 Luxury of Homes Srl enables Users to purchase goods (hereinafter the “Goods”) on the Website pages. Any purchase on the Website is made available exclusively to the following Customers:
- a) any natural or legal person as lawfully represented, of age 18 or older, having read the Information about the handling of personal data and having fully completed the procedure stated in Article 3;
- b) having read and accepted the General Conditions before the purchase;
- c) not placing false or fraudolent orders. Should Luxury of Homes deem to have grounded justifications that a false or fraudolent order has been placed, it shall be empowered to cancel the order and report to the competent authorities;
1.2 Luxury of Homes shall reserve the right to inhibit the use of the Website to the users who violate these General Conditions;
1.3 Any amendments and/or new terms and conditions shall apply upon publication in the “General Conditions for e-commerce” section of the Site.
1.4 In the case of any amendments, the applicable General Conditions shall be the ones published in the Website upon the submission of the purchase order (hereinafter the “Purchase Order”). The User if therefore called upon to regularly check the “General Conditions for e-commerce” section to verify the most updated General Conditions.
1.5 Should the Customer refuse to accept the amendments to the General Conditions, the Customer shall refrain from making purchases on the Website and may request the cancellation of the subscription.
1.6 In order to make a purchase, no registration on the Website is required. The Customer shall provide the necessary information in a true and correct manner, in order to finalize the Purchase Order, and shall declare the liability over any false or misleading information, including information that can be criminally prosecuted under the Law. The Customer consents to withhold Luxury of Homes Srl from any claims for compensation arising from or in any way related to false or fraudolent information provided, and is considered liable for any consequent damage caused to or prejudice against the Website and/or by a Third Party. Should the Customer fail to provide all the necessary information to finalize the Order, the contract shall not be deemed concluded.
1.7 Luxury of Homes Srl delivers worldwide. Some products may not be available for delivery in all geographical areas. The availability for delivery in the geographical area indicated by the Customer shall be confirmed in the “Order Confirmation” together with the shipping costs.
- INFORMATION ON THE PRODUCTS FOR SALE
2.1 The Products on sale on the Website are not directly manufactured by Luxury of Homes but by producers of the furniture, architecture and building industry (hereinafter the "Producers"). The trademark of the Producer is indicated on the Site next to each Product sold.
2.2 The following information on the Products on sale are constitutive elements of the sale contract between Luxury of Homes Srl and the Client: these general conditions, the brand of the Product, the name of the Product, the variants of the Product, the price, the availability of the Product, the delivery methods and times, the delivery methods and costs, the forms of payment.
2.3 The descriptions and the images of the products provided on the Website are supplied directly by the Producers, who release Luxury of Homes Srl from any responsibility for the lack of correspondence between the ordered product and the description of the product supplied and present on the Website, it being understood that in case of evident difference the Client has the right to the resolution of the contract or to a reduction of the price.
2.4 Unless expressly indicated on the product sheet, all product prices are expressed in Euro (€) and are inclusive of VAT, while shipping costs are calculated according to the destination location and are highlighted separately or in the Order Confirmation. If additional costs are foreseen to ship the purchased product, which were not calculated in the order, these will be requested by email at a later time to the Customer. The Customer shall have the option not to accept them by cancelling the order. Delivery times are indicated in the form of a minimum-maximum delivery date and vary between 15 and 30 working days from the date of the Order.
2.5 Prices are also quoted net of any sales, use, operating and similar taxes, fees and charges of any nature imposed by any governmental authority on amounts owed by the Customer. Customer shall bear all such charges, costs and taxes.
2.6 Advertised Products for sale may be available in limited quantities and for limited periods of time, and Customers should always check the availability indicated next to the Product.
- PURCHASE PROCEDURE AND TRANSMISSION OF THE ORDER
3.1 The information referred to in the present Conditions and the details contained in this Site do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. No contract will exist between the Client and Luxuryofhomes Srl in relation to any products until the order has been explicitly accepted by the Seller by sending an email confirming the processing of the order, after the payment.
3.2 The Customer can proceed to the purchase of one or more products displayed on the Site by clicking on the "add to cart" button. Once the cart is filled with the selection of desired items, the customer can proceed to purchase them by clicking on the "proceed to payment" button. The order procedure that follows does not require mandatory registration to the Site. However, in order to be able to process the order, it is compulsory to complete the form with all the required data.
3.3 During the order procedure the customer will have the opportunity to enter their personal data, the shipping location of the products, the data for any invoicing, the means of payment chosen, the authentication credentials for payment. Upon completion of the form, the Customer will be able to check and modify the data entered. Once the data has been verified, the Customer can finally validate and transmit the order (hereinafter "Purchase Order") by clicking on the "Buy" button.
3.4 The transmitted order will be considered as a contractual proposal of purchase by the Customer for the single articles included in the order. The taking in charge of the order will be attested by an automatic email of "Order Confirmation" in case of payment by credit card or "Order Summary" in case of payment by bank transfer; in the latter case, the Order Confirmation will be sent only with the crediting of the amount. The above automatic emails do not constitute acceptance of the purchase proposal, which will be finalized only after verification of data and availability of products required. The purchase contract will be considered finalized only when the customer will receive an email confirmation of acceptance of the order.
In case of non-acceptance of the Offer by the Seller, the Customer will be refunded in its entirety of the amount which may have been paid.
3.5 The transmission of the Purchase Order constitutes an irrevocable commitment of the Customer to the purchase. This commitment may be contested only in the cases provided for by law and related to the "right of withdrawal", when provided for, as per point 7.
3.6 After clicking on the "Buy" button, the Customer will receive a communication via email - sent to the e-mail address indicated in the purchase procedure - in which all the elements of the Order will be summarized, such as: characteristics of the ordered product, price, selected payment method, shipping costs, delivery times. It is recommended to save the email received as proof of purchase, by memorizing it on a digital support.
3.7 Unless otherwise expressly agreed between the Parties, payment must be made at the same time as the Order and can be made by Credit Card .... or Bank Transfer.
3.8 In case of payment by Credit Card, the Customer will receive an email with the subject "Order Confirmation" attesting the acceptance of the order proposal and the successful receipt of payment by Luxury of Homes Srl. We remind you that the dispositions and the information for the payment inserted by the Client in the financial circuits (credit card number, security codes), are treated through connection using the SSL Protocol (Secure Sockets Layer) and will not be stored in any way on our systems.
3.9 In case of payment by Bank Transfer, the Customer will receive an email with the subject "Order Summary" with a list of items purchased and with instructions to proceed with the transfer. After the successful transfer by the customer and the subsequent verification by Luxury of homes Srl of the crediting of sums on the bank account of Luxury of homes Srl, the Customer will receive a further email of "Order Confirmation".
3.10 In case of payment through bank transfer the times of verification of the credit by Luxury of homes Srl will not exceed the 5 (five) days from the date of bank disposition made by the Customer. In order to speed up this phase of verification the Customer will have the option to send to Luxury of homes Srl a receipt of the effected bank transfer to the address info@luxuryofhomes.com.
3.11 In the absence of confirmation of the payment (either by Card or by Bank Transfer) after fifteen days from the date of transmission of the Purchase Order, Luxury of Homes Srl shall reserve the right to cancel the order.
3.12 Should the price indicated on the Website be lower than the correct selling price of a product, due to platform errors or inconveniences of other nature, Luxury of Homes Srl will contact the customer to check the possibility to proceed to the purchase at the correct price. In the event of negative answer, the order will be cancelled and a reimbursement will be made within 14 working days, through the method of payment chosen by the Customer at the moment of the order. If the correct price of a product is lower than the one indicated in the site, Luxury of homes Srl will charge the Customer only with the lower correct price, issuing a refund equal to the difference within 14 solar days from the date of the order made.
3.13 Luxury of homes Srl reserves the faculty to decline the Purchase Orders from whoever they come from, that appear to be unusual in relation to the price of the product, to the quantity of the purchased products or to the frequency of the purchases made.
3.14 It is understood that all the operations of execution of the purchase order by Luxury of homes Srl will take place only after Luxury of homes Srl has received full confirmation of payment from the customer.
- PRODUCTS AVAILABILITY
4.1All the orders for Products are subject to the availability thereof. In case of supply chain problems or if the items are not in stock, Luxury of Homes reserves the right to provide information on alternative products of equal or higher quality and value, which the customer may decide to order. If the customer does not wish to substitute the products, Luxury of homes Srl will refund any amounts already paid.
- INVOICING
5.1 The Customer is required to communicate the request for particular tax and accounting documents during the purchase process. In particular the legal persons will be able to indicate the VAT number and to request the invoice relative to the Purchase Order to be sent via email. For administrative reasons, the issuance of purchase invoices requested by the user after the moment of placing the order cannot be guaranteed. For the issuing of the invoice the information provided by the Customer in the section Purchase Data of the Website will be used, therefore Luxuryofhomes invites to always check, paying the maximum attention the accuracy of the data provided therein.
- TERMS AND MODE OF DELIVERY
6.1 Luxuryofhomes does not have its own warehouse. The Products present in the Website and purchased through it will be shipped by Luxury of Homes from the Producer's premises to the destination communicated by the Customer. In some cases the Product can be shipped by the Producer with whom Luxuryofhomes has made specific agreements. It is not in any case possible to pick up the Product at our offices.
The delivery times will vary between 15 and 30 working days from the receipt of the bank transfer or from the sending of the Order Confirmation. In any case, each Product in the description will report the delivery time. The illustrated delivery times could undergo variations according to the country of destination. Therefore, Luxuryofhomes will communicate the delivery times in the Order Confirmation.
Once the purchase has been made, the Product will be shipped directly from the warehouses of the Producer.
Once the shipping procedure is started, the Customer will be informed by email, in order to allow the tracking of the shipment.
We invite you to check that in the presence of the courier:
- The number of packages delivered corresponds to what is indicated on the waybill (delivered by the Courier)
- The packaging is not visibly damaged, or tampered with, or wet, or too light or otherwise altered in the closing materials (personalised adhesive tape, adhesive neck marker, etc.).
- The size and information contained on the Product packaging correspond to those of the item actually purchased.
Any external damage or mismatch in the number of packages must be immediately reported to the Courier in writing on the delivery note and also reported to Luxuryofhomes within 8 days at the following email address info@luxuryofhomes.com
Should it not be possible to verify the integrity of the product at the moment of the delivery, we invite you to write a signature "subject to verification" on the delivery receipt.
Once the transport document of the Courier is signed, the User will not be able to contest the quantity and quality of what has been received.
6.2 If the goods ordered on the Site were to be delivered outside of Italy, the Customer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be borne by the Customer. Luxuryofhome does not have control over such costs and cannot predict the amount. Customs policies vary considerably from country to country and therefore the Customer is encouraged to contact the local customs office for further information. Customers should also be aware that when placing an order on the Site, the Customer will be considered an importer and will be required to comply with all laws and regulations of the country to which the goods are destined. All customers should be aware that cross-border deliveries are subject to opening and inspection of products by customs authorities.
6.2 IMPOSSIBILITY OF DELIVERY
If the delivery cannot take place for causes not attributable to Luxury of Homes, after 30 days from the date on which the order is available for delivery, we will assume that the Customer intends to terminate the Contract which will therefore be considered terminated. As a result of the termination of the Contract, Luxuryofhomes will refund the price of the Product but the costs of delivery and any additional costs incurred by the Seller prior to termination will be borne by the Customer. The refund will be made without undue delay and, in any case, within 14 days from the date of termination of the Contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the Customer.
- WARRANTY AND NON-CONFORMITY OF PRODUCTS
6.1 The Producers of the Products present on the Site are required to declare the conformity of the same to the national and community legislation in force in Italy.
6.2 The description of the products offered on the Website is that communicated by the Producers, under their own responsibility, to Luxuryofhomes. The images and colors of the products published on the Website could differ from the real ones due to the local settings of the systems and/or tools used for their visualization. Luxuryofhomes is not responsible for the mismatch between the product ordered and the description of the product present on the Website, in the event that the mismatch derives from errors in the description attributable to the Producer and of which Luxuryofhomes was not and could not be aware with the use of normal diligence.
6.3 All the products sold on the Website are covered by the Legal Guarantee of Conformity provided by the Articles 128-135 of the Consumer Code ("Legal Warranty"). The Legal Warranty applies to consumers only.
6.4 In case of lack of conformity of the products purchased from the description displayed on the Website, the customer has the right to obtain the repair or replacement of the product, without any additional charge, if this is possible with respect to the number of products still available for sale and unless the replacement or repair would not be excessively expensive for Luxuryofhomes in consideration of the value that the goods would have, if there were no conformity defect, and of the entity of such defect. Alternatively, the user has the right to terminate the contract or to a reduction of the price, in accordance with the following provisions.
6.5 The Producer is responsible to the consumer for any conformity defect existing at the moment of the delivery of the product and manifesting itself within two years from such delivery. The defect of conformity must be reported to Luxuryofhomes under penalty of forfeiture of the warranty, within two months from the date in which it was discovered.
6.6 Without proof to the contrary, it is presumed that the conformity defects manifesting themselves within six months from delivery of the product already existed on that date, unless such assumption is incompatible with the nature of the product or the nature of the lack of conformity. In order to benefit from the Legal Warranty, the user must therefore provide proof of the date of purchase and delivery of the goods.
6.7 In case of termination of the contract, Luxuryofhomes will return the price paid by the Customer, in addition to the shipping costs and any additional costs within 14 (fourteen) days from the communication of the termination, with the same payment method used by the Customer.
In case of price reduction, Luxuryofhomes will return the amount of the reduction previously agreed with the Customer.
In any case, the amount of the refund will be communicated to the Customer by e-mail and credited to the means of payment used by the Customer for the purchase.
The customer shall agree with the Customer Service of Luxuryofhomes the modalities of shipment of the goods.
6.8 Excluded from the Legal Warranty are the products repaired, modified or in any way altered by the customer. Also excluded from the scope of the Legal Warranty are any failures or malfunctions or defects of any other type caused by accidental events or by the customer's responsibility, or by a use of the product that does not conform to its intended use and/or to what is provided in the technical documentation attached to the product, where existing, or in the instructions for use relative to the product.
6.9 The standard guarantees relative to the products sold are those provided directly by the producer.
In no case Luxuryofhomes shall be held responsible for failure to comply with any of its obligations deriving from the present General Conditions in the event that the failure is caused by fortuitous circumstances and/or force majeure, including, but not limited to, natural disasters, terrorist acts, network malfunctions and/or blackouts.
- RIGHT OF WITHDRAWAL
The withdrawal from the purchase contract is provided for in the aforementioned cases, with resulting reimbursement of the cost paid within 14 days from the exercise of withdrawal by the customer, using the same payment method. The Customer shall bear the cost of returning the purchased goods and the related risks deriving from transport, unless otherwise provided for.
The Products present on the Site, save in particular cases, are not manufactured in stock but made and produced to order by the Customer. Therefore, each Product is created only if ordered by the Customer and with the characteristics presented on the Website, constituting in itself a customization reserved to the Customers of Luxury of Homes, as a result of particular agreements reached with the Manufacturers.
Accordingly, Luxury of Homes reserves the right to exclude the right of withdrawal, or "of reconsideration", according to the Italian Consumer Code, for some types of Products duly reported in the Website. In this case, any withdrawal exercised by the Customer, outside the cases referred to in the preceding points, will result in the return of the Products at the Customer's care and expense, risks being assumed. The restitution of the price eventually paid by the Customer will not take place in such cases, and the price may be withheld in advance on the greater damage eventually suffered by Luxury of homes.
For the Products not signaled with the appropriate wording that rules out the recess, discipline of the articles from the 45 to the 67 of the D.Lgs 206/2005 (Code of the Consumption) will apply. This legislation stipulates the right of the consumer to withdraw from contracts or contractual proposals, guaranteeing the consumer the right to return the product purchased and to obtain a refund of the expense incurred.
Pursuant to art.59 of the Consumer Code, the right of withdrawal does not apply to audiovisual products or sealed goods that are not suitable to be returned for hygienic reasons or for reasons related to the protection of health having been opened after delivery, nor goods custom-made or personalized or which by their nature can not be returned or are subject to rapid deterioration or alteration.
The Customer shall be liable for any decrease in the value of the goods resulting from any handling other than that necessary for the nature, characteristics and functioning of the products, specifically:
- In the absence of the original packaging.
- In the absence of integral elements of the product (accessories, cables, instruction manuals, etc.)
- In the presence of signs of damage, wear or dirt;
The right of withdrawal is reserved exclusively for customers (individuals who purchase goods not for purposes related to their professional activity, trade or business). Therefore, it can not be exercised by legal persons and natural persons acting within the scope of any professional activity.
7.1 CONDITIONS GOVERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL (limited to non-customized products and to products not exempt from the right of withdrawal).
The Client who is intended to avail him/herself of this right, has to send withing 14 (fourteen) days after the delivery of the products or, in case of services 14 days within the conclusion of the contract, a written communication of the will to withdraw: request the form by email: info@luxuryofhomes.com
Notice must be sent by certified electronic mail (PEC) to luxuryofhomes@pec.it or by registered letter with return receipt together with the withdrawal form to the following address:
Corso Armando Diaz No. 96, Forlì (FC), 47121, Italy.
Within 3 (three) working days from the receipt of the written withdrawal notice, Luxury of Homes Srl shall send the Identification Code of the withdrawal application to the email address provided by the Customer in the order details or in the withdrawal request, as well as the address at which the Product shall be returned.
Compulsorily, within 14 (fourteen) days from the receipt of the Application Identification Code, the Customer shall proceed to ship the product carefully packed, at his own care and expense, indicating on the package the Application Identification Code.
All expenses and risks related to the return of the products shall be borne by the Customer.
Products must be returned in a state of substantial integrity (e.g. products must be clean, free of scratches, damages, dents, abrasions. Products must be returned in the original packaging with all accessories, components and illustrative materials contained in the original packaging). Should this not occur, Luxuryofhomes reserves the right to request that the customer reimburse the expenses with a reduction in the value at issue.
Luxuryofhomes shall reimburse the amounts paid to the customer, including the shipping costs incurred to send the products, with the exception of the additional costs deriving from the customer's choice of a delivery option different from the one offered by Luxuryofhomes.
As regards all the modalities of exercising the withdrawal right, the products must be returned intact and appropriately packaged, in their original packaging, accompanied by all accessories, if any.
According to art. 57, II paragraph, of the Consumer Code, the customer is responsible for the decrease in the value of the products resulting from a manipulation of the products themselves other than that necessary to establish the nature, characteristics and functioning of the goods. In such case Luxuryofhomes reserves the right to request the customer to reimburse the decrease of value found. To exercise the right of withdrawal, the goods to be returned are not required to be insured against theft and accidental transport damages. However, as the inherent risk of the return of the goods is borne by the purchaser, Luxuryofhomes invites the purchaser who intends to exercise the right of withdrawal to insure, at its own expense, the shipment for the value indicated in the e-mail Purchase Order.
According to the art. 56, III paragraph, of the Consumer Code, Luxuryofhomes will proceed, in the shortest time possible, to the reimbursement of the user, only once the products have been returned or only after having verified that the customer has proceeded to resend the goods.
The amount of the refund will be credited on the same payment method used for the purchase, unless otherwise agreed with the customer.
Luxuryofhomes will not be responsible for any possible delays in the crediting depending on the bank or the type of credit card used for the payment.
8) DISCLAIMER OF LIABILITY
8.1 Due to the nature of the Internet, Luxuryofhomes cannot guarantee uninterrupted access and the absence of errors in the transmission of services. In addition, access to the Site and/or the services offered by Luxuryofhomes may occasionally be suspended or restricted to allow for maintenance, repair work or the introduction of new products or services. Luxuryofhomes shall strive to limit the frequency and duration of such suspensions and/or limitations.
8.2 Luxuryofhomes shall in no event be liable for any delay or failure (including cancellation of the Purchase Document) to meet its obligations under these General Conditions of Sale.
8.3 In no case Luxuryofhomes shall be held responsible for damages and/or problems connected to defects of the purchased Product and/or to the transport, since the production and delivery of the Orders will be made by the Producer and/or Supplier, on whom will be incumbent any responsibility in case of delay or non-fulfilment, except those deriving from fortuitous event or force majeure.
8.4 This provision does not affect the rights of the Customer envisaged by the law and in particular the right of the Customer to receive the purchased products within a term determined in the estimate or to be refunded in case of non-delivery due to circumstances arising from fortuitous event or force majeure.
8.5 Luxuryofhomes is not responsible in case of damages, of any nature, deriving from the installation and/or use of the product in an improper way and/or not in accordance with the instructions provided by the producer as well as in case of damages deriving from fortuitous event or force majeure.
8.6 Luxuryofhomes will not be responsible in case of loss of revenue, profit, data or for any other indirect damage of any nature deriving from or however connected to the contracts subject to the General Conditions.
In any event, the Luxuryofhomes liabilities will not exceed the total value of the purchase order.
- INTELLECTUAL PROPERTY
9.1 The Customer acknowledges and accepts that all copyrights, trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are owned by Luxuryofhomes and by those who have granted it a license and/or authorization for their use. The Customer will be able to use such material only in the modalities for which he/she will receive express authorization from Luxuryofhomes or from those who have granted us a license for their use.
This will not prevent the Customer from using this website to the extent necessary to copy order information or Contact information.
- VIRUSES, PIRACY AND OTHER CYBER RISKS
10.1 Customer agrees to avoid any unauthorized use of this website and to avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If unauthorized, Customers shall not access the website or the server on which it is hosted or any other server, computer or database related to our website. Customers agree not to carry out DoS attacks against this website. Failure to comply with this clause may result in violations as defined in the relevant legislation.
10.2 In the event of non-compliance, we will inform the relevant authorities and cooperate with them to identify those responsible for the attack. Similarly, failure to comply with this Article will result in the immediate withdrawal of authorization to use the Website.
10.3 Within the maximum limits allowed by the regulations in force and respecting the fundamental rights of the consumers, Luxuryofhomes declines any responsibility in case of any damage or loss deriving from a DoS attack, virus or any other program or material that may cause technological damage to the Customer's computer, computer equipment, data or materials as a result of the use of our website or from the download of content from our website or that redirects the customer to it.
- LINKS FROM OUR WEBSITE
11.1 Whenever our website contains links to other pages or materials of third parties, such links are provided for informational purposes only and we have no control over the content or materials contained in such pages or sites. Therefore, we will not be liable for any damages or losses arising from their use.
- WRITTEN NOTICE
12.1 The applicable regulation stipulates that part of the information or of the notice sent to the Users shall be made in writing. By using this Website, Customers accepts that communications exchanged with Luxuryofhomes shall be in electronic format. Luxuryofhomes shall contact Customers solely by email, or provide information by posting due notice on this Website. For contractual purposes, Customers give their consent to this means of electronic communication by acknowledging that all contracts, notice, information and other communication provided by electronic means by Luxuryofhomes shall comply with the legal requirements. Such legal requirements stipulate that such communication shall be made in writing. This provision shall not, in any way, limit the rights under the existing law.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
13.1 The Contract between the Customer and Luxuryofhomes shall be binding on both Parties, successors and assigns.
13.2 Customers shall not transfer or assign the Contract or any of its rights or obligations under the Agreement without the prior written consent by Luxuryofhomes. Luxuryofhomes is entitled to assign, sub-contract or otherwise use the Contract or any of its rights or obligations at any time.
13.3 For the avoidance of doubt, any transfer, assignment, sub-licensing or any other use of the Contract shall not affect the rights of Customers as consumers, nor shall it diminish, reduce or limit in any way any of the warranties or liability provided by Luxuryofhomes, in any implicit or explicit manner.
- FORCE MAJEURE
14.1 Luxuryofhomes shall not be liable in any way for failures or delays in the performance of any of its obligations under the Contract caused by events that are beyond our reasonable control ("Force Majeure Events").
A Force Majeure Event is any act, event, failure to occur, omission or accident beyond our reasonable control, including but not limited to the following:
- Strikes, lockouts or other labor unrest.
- Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats of war.
- Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
- Inability to use railways, shipping, air, motor transport or other means of public or private transportation.
- Inability to use public or private telecommunications networks.
- Acts, decrees, laws, regulations or restrictions of any government.
- Any strike, disaster or accident by sea, mail or other relevant means of transport.
14.2 It is agreed that performance of our obligations under the Contract shall be suspended for the duration of the Force Majeure Event. We will be granted an extension of time for the performance of the Contract equal to the duration of such period. It is understood that, even during Force Majeure Events, we will endeavour to find a solution by which to comply with our contractual obligations.
- RIGHT OF MODIFICATION OF THE PRESENT CONDITIONS
15.1 Luxuryofhomes reserves the right to review and modify the present Conditions at any time. Please note that the General Terms and Conditions in force at the time of your order will apply to you, unless a modification of the General Terms and Conditions or of the Data Protection Policy is required by law or by request of a governmental authority (in which case it will also apply to orders already placed with us).
- APPLICABLE LAW AND JURISDICTION
16.1 The use of our website and the contracts for the purchase of products through this website are governed by Italian law.
16.2 For any dispute arising from or relating to the use of the website or such contracts the Court of the place of residence or domicile of the consumer will be competent. In the other cases, the Court of Forlì shall have exclusive jurisdiction to hear disputes arising from the interpretation and execution of this Contract.
16.3 If you are entering into the Contract as a consumer, this clause does not affect in any way the rights that the law recognizes you as a consumer.
- REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR THE RESOLUTION OF ONLINE DISPUTES WITH CONSUMERS (ODR)
17.1For any comments, suggestions, requests for information or complaints, please contact us using the customer service channels indicated on the Site.
The customer service will handle the requests and complaints received as quickly as possible and, in any case, in accordance with the terms legally provided. If Customers feel that their rights have been infringed, they may make a formal complaint through this email address info@luxuryofhomes.com in order to reach a settlement.
17.2 To this end and in accordance with Regulation No. 524/2013 of the EU, please be informed that Customers have the right to request an out-of-court resolution of disputes relating to orders placed through this website through the European platform ODR (Online Dispute Resolution) http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.