Terms and Conditions

TERMS OF USE

Art. 1 - Acceptance and modification of the Conditions of Use

1.1 Access to and use of the LA LUDOSFERA website is governed by these conditions of use (the "Conditions of Use"). Access, search and use of our website implies having read, understood and accepted, without reservations, these Conditions of Use.

1.2 LA LUDOSFERA may modify or update, in whole or in part, these Conditions of Use and they will be binding as soon as they are published on the website without the need for further notice. We therefore invite you to regularly access this section to verify and consult any updates.

1.3 The online shop is hosted on the Shopify Inc. platform. The latter provides LA LUDOSFERA with the e-commerce platform and the source code that allows the sale of products. Any disruptions, even temporary, of the platform will not be attributable to LA LUDOSFERA.

Art. 2 - Copyright and intellectual property

2.1 The contents of our website and in particular, by way of example and not limited to, the texts, photographs, videos, sounds, music, layouts, designs, layouts and procedures are the exclusive property of LA LUDOSFERA, or are used with the authorization of the owners, and are consequently protected by copyright, trademarks, patents and all other existing intellectual or proprietary rights, in accordance with applicable laws.

2.2 Any use of the Contents in violation of these Conditions, or in any case contrary to the law, is unlawful and will therefore be prosecutable by LA LUDOSFERA.

Art. 3 - Registration on the website

3.1 Registration on the website, for the purposes of completing purchase orders, is reserved exclusively for users over the age of 18.

3.2 The user undertakes to provide the Personal Data requested during registration, ensuring that these are updated, complete and truthful and to update them promptly.

Art. 4 - Use of the website

4.1 The website may contain text links to other websites that are not managed or controlled by LA LUDOSFERA. LA LUDOSFERA does not control or monitor such websites, their contents and their rules, and may therefore be exempt from any responsibility or obligation in relation to their content, legality, accuracy or functions, and may not be considered responsible for these sites.

4.2 The Sites may contain "cookies" in order to allow users to better use the Site. Users who prefer not to receive cookies can set their browser to decide whether or not to accept them. The browser can also be set to automatically refuse all cookies; in this case, however, the user may not be able to access all the services available on the Site.

4.3 You may download, display or print the content of our Websites for your personal, non-commercial use only. Any other use is strictly prohibited, except with the prior written consent of LA LUDOSFERA.

4.4 LA LUDOSFERA does not guarantee or declare that the use of any content published on its websites does not violate the rights of third parties.

4.5 LA LUDOSFERA does not guarantee that its website is timely updated, secure and free from errors or that access will not be interrupted. The content of our website may contain incorrect data or errors. LA LUDOSFERA reserves the right to make changes, corrections and/or improvements to such content at any time without notice, but does not assume the obligation to do so.

Art. 5 - Non-confidential information

5.1 All personally identifiable data or information that you submit will be treated in accordance with our Privacy Policy, which you are expressly referred to for careful reading before submitting any personally identifiable data or information.

5.2 Any other information or material transmitted to LA LUDOSFERA (questions, comments, suggestions, ideas, etc.) are and will be treated as non-confidential and non-proprietary documents, thus becoming the property of LA LUDOSFERA and can be used freely for any purpose, including reproduction, disclosure, transmission, publication, etc. This will not give rise to any right to compensation or to any claim or indemnity.

Art. 6 - Limitation of liability

6.1. The user acknowledges and agrees that his/her access to and navigation of the website is entirely at his/her own risk and under his/her exclusive responsibility.

6.2. The user also acknowledges and agrees that the website may be temporarily inaccessible or may contain defects or present delays.

6.3. LA LUDOSFERA shall not be liable for any loss or damage arising out of or in any way connected to the use or operation of the website, including, by way of example and not limited to, direct, indirect or consequential damages for loss of business, loss of profits, interruption of business, loss of commercial information and/or any other type of pecuniary loss.

6.4 All materials downloaded or otherwise obtained during the use of our websites are obtained at your own risk and under your sole responsibility. LA LUDOSFERA assumes no responsibility for any damage, hackers or viruses that may damage your computer.

6.5 LA LUDOSFERA reserves the right to cease or interrupt any and all functions on its website at any time, without notice.

Art. 7 - Applicable law

7.1 The Terms of Use are governed by Italian law.

Art. 8 - Exclusive competent court

8.1 For any disputes arising from the interpretation, validity and/or execution of these Conditions of Use, the territorial jurisdiction will be exclusively that of the Court of Macerata.

Art. 9 – Final provisions

9.1 The fact that LA LUDOSFERA tolerates a violation of one of the obligations established in these Conditions of Use, or that it does not enforce the application of a right granted by this document or by law, cannot be interpreted as a waiver to request and enforce the application of such rights.

9.2 If any clause of the Terms of Use is found to be unlawful under any law or regulation in force in your country, such clause will be considered null and void, but this will not entail the nullity of the entire Terms of Use.

GENERAL CONDITIONS OF SALE

Art. 1 - Application of the General Conditions of Sale

1.1 Any purchase order of products made on the site www.giocheriacivitanova.com (hereinafter also the “Site”) and any contract concluded therein is governed by these General Conditions of Sale (hereinafter also “GCS”).

1.2 LA LUDOSFERA reserves the right to modify these GTC at any time by publishing a new version on the website. Each modification will be effective after publication on the website.

1.3 The Customer is required to carefully read these GTC which have been made available to him on the Site, in order to allow their storage and reproduction in compliance with art. 12 of Legislative Decree 70/2003.

1.4 Contracts concluded through the Site are governed by the Civil Code and by Chapter I of Title III of Part III of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), with particular reference to contracts negotiated outside commercial premises and to distance contracts.

1.5 The applicable GTC are those in force at the time the order is placed.

Art. 2 - Contracting parties

2.1 The seller is ACME SRL, with registered office in Civitanova Marche (MC), Corso Umberto I n. 207, fully paid-up share capital of Euro 10,000.00, CF and registration in the Macerata Company Register number 02014950436, REA MC 258965 (hereinafter also “LA LUDOSFERA”).

2.2 The contact details of LA LUDOSFERA are as follows:

- ordinary mail: LA LUDOSFERA, 62012 - Civitanova Marche (MC), Corso Umberto I n. 207;

PEC: acmetoys@pec.it
email: info@laludosfera.com
Customer Service: 0733 470 005

2.3 The purchasers of the remote selling service (hereinafter also “the Customer”) are Consumers , understood as natural persons acting for purposes outside of their commercial, entrepreneurial or professional activity, if any, and Professional Customers , understood as legal persons, entrepreneurs and any other person holding a VAT number.

Art. 3 - Product information

3.1 The information relating to each individual product and the essential characteristics, provided in compliance with current legislation, are available on the website and made known to the Customer.

3.2 The information relating to the products provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors. LA LUDOSFERA reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update the information at any time without prior notice to the Customer

3.3 The images of the products published on the site and those sent to the Customer may not be perfectly representative of the characteristics of the products themselves but may differ in colour and/or size.

Art. 4 – Sending the order

4.1 Orders are placed on the website following the following procedure:
The Customer, having read and accepted the Privacy Policy, must fill in all parts of the order form in electronic format containing the elements necessary for the identification of the Customer and the products ordered; he/she must select the desired payment method, the type of shipping chosen by following the instructions contained on the Site, all under penalty of nullity of the order.

4.2 Before confirming and sending the purchase order, the Customer will have the opportunity to correct, in the appropriate verification screen, any errors in the order or in the data entry, following the appropriate modification procedure contained in the Site. After reading and accepting these GTC, the Customer must choose the “send order” option. This sending is equivalent to a proposal.

4.3 By sending the order, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully and unconditionally accepts these GTC.

4.4 Promotional codes and discount codes, where applicable, are valid only for the products and during the period indicated from time to time. Promotional codes and discount codes are non-refundable and are not cumulative. To use promotional codes or discount codes, they must be entered in the appropriate space when validating the order on the site. If forgotten, the order cannot be cancelled or renewed in order to take into account the promotional code or discount code.

Art. 5 - Confirmation of receipt, Order acceptance and conclusion of the contract

5.1 Upon receipt of an order, LA LUDOSFERA will send a confirmation of receipt and Order Acceptance by email (hereinafter also “Order Acceptance”), which will contain a summary of the order and the type of shipping chosen.

5.2 The Order Acceptance will also contain a link to these GTC and the information that they may also be consulted on the LA LUDOSFERA website, all in compliance with current legislation.

5.3 The Customer is responsible for immediately verifying the data contained in the Order Acceptance and for reporting any anomaly therein to LA LUDOSFERA by contacting Customer Service.

5.4 If the Customer does not receive the Order Acceptance within 24 (twenty-four) hours of sending the order, he/she must contact Customer Service for the necessary checks.

5.5 Acceptance of Order entails the conclusion of the contract between the parties, except in the cases referred to in the following articles 6 and 7.

Art. 6 - Refusal of the Order

6.1 LA LUDOSFERA reserves its unquestionable right to refuse an order or to set purchase limits.

6.2 In particular, by way of example and not limited to, LA LUDOSFERA may refuse the order in the event of non-payment of the order, unpaid invoices or risk of insolvency, in the event that the Customer does not act on the basis of an effective and genuine interest in purchasing the products ordered or abusively exercises the right of withdrawal recognized by the following art. 12 and/or, in any case, any other fact or act that undermines the execution in good faith and the correctness in the execution of the relationship.

6.3 Should LA LUDOSFERA not accept orders in whole or in part, in that case the Customer will not have any legitimacy to request sums of any kind, compensation for damages or indemnity, nor any liability of LA LUDOSFERA of a contractual or extra-contractual nature, even for direct or indirect damages to persons and/or things caused by the failure to accept an order.

6.4 In the event of refusal of an order, LA LUDOSFERA will refund any sums already paid by the Customer, which will not in any case be subject to interest or revaluation.

Art. 7 – Temporary unavailability of products

7.1 In particular circumstances, LA LUDOSFERA may not be able to ensure the availability of all the products offered and ordered, and in such cases cannot be held responsible in any way.

7.2 Without prejudice to the right of withdrawal, by sending the order the Customer accepts, by giving consent in accordance with the provisions of the Consumer Code, also a possible partial delivery, limited to the products available within those ordered, as well as renounces to request any compensation and/or indemnity or to take any judicial or extrajudicial, contractual or extra-contractual liability action, including for direct or indirect damages to persons and/or things caused by the failure to accept an order.

7.3 LA LUDOSFERA also undertakes, in accordance with current legislation, to promptly inform the Customer of any unavailability of the ordered product and will refund the corresponding sums already paid by the Customer, unless otherwise agreed with the same, which will not in any case be subject to interest or revaluation of any kind.

Art. 8 – Delivery of products

8.1 The products will be delivered by express courier to the address indicated in the Order Acceptance.

8.2 Delivery costs and any customs and/or import taxes and charges required by the legislation in force in the territory of destination of the products are the responsibility of the Customer.

8.3 We do not ship to PO Boxes.

Art. 9 – Shipping of products by courier

9.1 The delivery of the products will take place within the estimated delivery times and indicated directly by the courier in the email that will be sent to the Customer at the time of shipment of the products.

9.2 Delivery may take place from Monday to Friday, excluding holidays and national holidays. The Customer hereby indemnifies LA LUDOSFERA from any delay or failure to deliver not attributable to the latter.

9.3 The risks of loss and damage to the goods are transferred to the carrier upon delivery to the latter, without prejudice to the Customer's rights against the carrier.

Art. 10 - Verification of goods and complaints

10.1 The goods are delivered as seen and liked. By signing the courier's document, the Customer certifies the external integrity of the product and the conformity of the delivery.

10.2 It is the Customer's responsibility to verify, at the time of delivery, any damage or tampering with the packaging and/or the product or any discrepancy in the number of packages. Without prejudice to the provisions of the previous art. 3, the Customer must also promptly communicate any evident differences between the product and the one ordered.

10.3 In the event of anomalies, the Customer must immediately contest the goods, expressly specifying that the collection takes place "subject to verification" of the contents.

10.4 Furthermore, the Customer must inform LA LUDOSFERA of any anomalies found – via email – within and no later than 3 (three) days, to be understood as an essential and non-waivable deadline, starting from the date of receipt, keeping the invoice and the courier's waybill.

10.5 The Customer is also required to return the product affected by anomalies in its original packaging intact in all its parts, packaging materials, documentation and/or other objects, under penalty of non-replacement of the product.

10.6 In case of replacement of the product, the shipping costs are borne by the Customer. Without prejudice to the provisions of the previous art. 3, in case of exhaustion of stocks and upon agreement with the Customer, the product will be replaced with one of equivalent value.

10.7 After having followed all the indications in the previous points, LA LUDOSFERA, having ascertained the anomalies, in agreement with the Customer, will supply replacement products of equal commercial value or will issue a refund of the sums paid by the Customer.

Art. 11 - Right of withdrawal for the Consumer and methods of exercising it

11.1 The Consumer has the right to withdraw from the contract, without giving any reason, within 14 days.

11.2 The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and the designated Consumer, acquires physical possession of the goods.

11.3 To exercise the right of withdrawal, the Consumer is required to inform us, by contacting LA LUDOSFERA at the email address acmetoys@pec.it, of his decision to withdraw from this contract by means of an explicit and written declaration by registered mail with return receipt or certified email, under penalty of the ineffectiveness of the right of withdrawal.

11.4 To comply with the withdrawal deadline, as evidenced by the date of the postmark or the date of delivery of the PEC, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

11.5 The Consumer must deliver the goods directly to LA LUDOSFERA, at the registered office, or to the courier authorised by the latter to receive the goods, without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to LA LUDOSFERA his withdrawal from the contract.

The deadline is met if the Consumer returns or delivers the goods before the 14-day period expires. The date on which the goods are handed over to the courier or the date on which the goods are delivered to the LA LUDOSFERA premises will be considered as the date of compliance with the return deadline.

11.6 The direct costs of returning the goods will be borne by the Consumer.

11.7 The Consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

11.8 In the event that the Consumer returns damaged products, not returned within the above-mentioned deadline, partially used, not packaged properly or completely, or in which certain parts are missing or have been damaged, such as elements, packaging materials, boxes, documentation and/or other objects, the right of withdrawal lapses entirely. In the cases indicated above, LA LUDOSFERA reserves the right to refuse the return and refund of the products by returning the purchased item to the Consumer and charging the latter for the shipping costs.

Art. 12 - Effects of withdrawal

12.1 In the event that the Consumer withdraws from the contract within the timeframes and methods set out in the previous article and without prejudice to what LA LUDOSFERA may object according to the provisions of the previous article, the Consumer will be reimbursed for the payment made to LA LUDOSFERA, with the exception of delivery costs, without undue delay and, in any case, no later than 14 (fourteen) days from the day on which LA LUDOSFERA is informed of the decision to withdraw from this contract. The date of receipt of the withdrawal form will be considered valid for the purposes of having informed LA LUDOSFERA.

12.2 The obligation to return may also be suspended in the event that LA LUDOSFERA has had to raise objections as provided for in the previous article.

12.3 The Consumer, in derogation of the provisions of art. 56 of the Consumer Code, expressly agrees that said refunds will be made by bank transfer to the current account indicated by the same in the Withdrawal Form .

12.4 In accordance with current legislation, LA LUDOSFERA reserves the right to suspend the refund until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.

12.5 In any case, the Consumer will not have to bear any costs as a consequence of such reimbursement.

Art. 13 - Legal guarantee of conformity for the Consumer

13.1 To benefit from the guarantee, the Consumer must keep the invoice and contact Customer Service.

13.2 Without prejudice to the provisions of the previous art. 3, all products sold by LA LUDOSFERA to the Consumer are covered by the legal guarantee of 24 months for defects of conformity pursuant to Legislative Decree 24/2002 and subsequent amendments and articles 129, 130 and 132 of Legislative Decree 206/2005.

13.3 Without prejudice to the provisions of the previous art. 3, LA LUDOSFERA, after having ascertained the lack of conformity, will, where possible, repair the product or replace it with one of equivalent value, unless the requested remedy is objectively impossible or excessively expensive compared to the other. In the event of replacement or repair of the product, the repair, replacement and shipping costs are borne by LA LUDOSFERA.

Art. 14 – Price of products, costs charged to the Customer and invoicing

14.1 The prices invoiced are those in force on the day the purchase order is sent.

14.2 The prices of the Products are inclusive of VAT at 22%, which will be indicated in detail in the invoice for the purchase of the product.

14.3 The prices of the Products do not include transport and delivery costs, taxes and customs and/or import charges provided for by the legislation in force in the territory of destination of the products which are the responsibility of the Customer and which are indicated in the final summary section of the order, in the Order Acceptance and in the invoice.

14.4 All products may be subject to price changes without notice by LA LUDOSFERA.

Art. 15 - Payment

15.1 The Customer may pay the price, the related delivery costs, taxes and customs and/or import duties by credit card, debit cards and bank transfer.

15.2 LA LUDOSFERA accepts payments made with the types of credit cards expressly provided for on the site and through a specific payment platform. The credit card data will be encrypted during the transaction for security reasons. The order amount will be charged at the time of purchase.

15.3 Payments by bank transfer must be made (value date) within and no later than 5 (five) days following, to be understood as an essential deadline, the date of receipt of the Order Acceptance, indicating the order number in the reason for payment, all under penalty of cancellation of the order itself. Any bank charges will be borne by the Customer. Only after the payment has been credited, LA LUDOSFERA will process the order.

15.4 Payments made via Scalapay allow you to receive your order immediately and pay in the number of installments chosen by the Customer. The Customer acknowledges that the installments will be assigned to Incremento SPV Srl, to related parties and to their assignees, and authorizes such assignment.

Art. 16 - Data Protection

16.1 The Customer consents to the data provided being used for orders.

16.2 Pursuant to Legislative Decree no. 196/2003 and Article 13 of EU Regulation 679/2016, we inform you that the processing of personal data will be carried out in accordance with lawfulness and correctness following an obligation arising from a contract to which the interested party is a party or from laws and regulations, from the performance of economic activities both on computer and paper media by our representatives and that within the limits of the applicable Regulations, the interested party has the right to request, at any time, access to the Personal Data, the rectification or cancellation of the same or to oppose their processing, the limitation of the processing as well as to obtain in a structured format, commonly used and readable by automatic device the data concerning him. The interested party also has the right, at any time, to revoke his freely given consent.
Pursuant to the Applicable Regulations, you have in any case the right to lodge a complaint with the competent supervisory authority (Guarantor for the Protection of Personal Data) if you believe that the processing of your Personal Data is contrary to current legislation.
Please refer to the full privacy policy.
Pursuant to Legislative Decree no. 196/03 and EU Regulation 679/2016, the Data Controller is ACME SRL, with registered office in Civitanova Marche (MC), Corso Umberto I no. 207, fully paid-up share capital of €10,000.00, CF and registration in the Macerata Company Register number 02014950436, REA MC 258965.

16.3 Please refer to the LA LUDOSFERA Privacy Policy for details.

Art. 17 - Applicable law

17.1 These GTC are governed by Italian law and must be interpreted in accordance with the same.

Art. 18 - Competent court for the Consumer.

18.1 In contracts with the Consumer, for disputes arising from the interpretation, validity and/or execution of these GTC, the exclusive and mandatory territorial jurisdiction will be that of the judge of the Court of Macerata.