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TERMS OF SALE

TERMS OF SALE

Date of last revision: October, 2020

 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING YOUR PRODUCTS ONLINE FROM THE LIVONETTI PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.   

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a LIVONETTI website named as "livonetti.com", digital platforms, social media platforms, mobile app or one of our other products or services, all of which are part of LIVONETTI’s Platform (“Platform”,"livonetti.com"). These Terms of Sale create a legally binding agreement between you and LIVONETTI and its affiliates (which we may refer to as “LIVONETTI,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. Livonetti may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us: ask@livonetti.com. Livonetti’s Terms of Use and Privacy Policy are incorporated herein by this reference. 

PLACING ORDERS ON THE PLATFORM 

ELIGIBILITY TO ORDER

To place an order on the Platform, you must be of legal age in the United States of America and a consumer - not a reseller. 

NO PURCHASE FOR RESALE

The Platform is intended solely for LIVONETTI to sell LIVONETTI products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of LIVONETTI product by someone who resells our products, or intends to resell, the LIVONETTI product to others (consumers, businesses or any other third party).  If LIVONETTI believes you are involved in purchase for resale, LIVONETTI reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel all of your orders, and/or suspend or close your account.  

HOW TO ORDER

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of our website, which includes adding items to your shopping cart and submitting your order. 

When you submit an order we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. 

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • the product is not available / in stock;
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • your bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • you are under the legal age in the USA (we believe);
  • that you are a reseller (we believe);
  • there was an error in the price displayed on the Platform;
  • we could not deliver to the address that you provided ;
  • due to an Event Outside of Our Control (see below); or
  • in the event of misspelling, pricing or other errors or mistakes in the Platform

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted. 

TITLE TRANSFER

The risk of loss and title for products purchased from Livonetti pass to you upon our delivery to the carrier.

PRICE | PAYMENT

PAYMENT METHODS

You can find the available payment methods for livonetti.com when you click to “Payment Options”. We do not accept any method of payment other than those listed in the section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. 

PAYMENT PROCESSING

Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as you order your product(s).  Payments can only be processed if the billing information can be verified. 

PRICES AND CURRENCY

The product prices displayed on the Platform are inclusive of sales or other taxes, as applicable. Shipping rates are applied per order, too. We provide to all of our customers and products “Standard FREE SHIPPING”. Orders for $500 and above have "FREE EXPRESS SHIPPING". All of our products have “Standard FREE SHIPPING” until we say otherwise.

Prices are quoted in "American Dollar", "USD" and payments can be made with stated credit and debit cards. Please note that “we” can not accept any currency other than “American Dollar”, ”USD” and "Banknote or Paper Note" not a "Coin", as we also “Only ship to the USA”.

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. 

If your local currency is different than the USD, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

PRICE CHANGES

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

SHIPPING | DELIVERY

DELIVERY | WHERE AND WHEN

We do not ship on certain public holidays. Please refer to the support section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or an office address in the USA.

SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that some products are manufactured at different factories, an order for multiple products may result in split shipments. 

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs. 

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

SHIPPING RATES | TAXES

FREE SHIPPING

All of your purchases shipping are free which you will receive them with "FREE SHIPPING" with "Standard Shipping" on "ALL" orders. Purchases $500 and above is "FREE" for "Express Shipping". Other conditions may also qualify you for free shipping.

TAX INCLUDED

We will collect all of your purchases from our site, "Federal, State, County or City" or any other related taxes that the United States of America, The Internal Revenue Service and related local authorities want us to do so. Then we will remit those taxes to respective authorities.

We also will not pay all of your taxes. Every U.S citizen (or other country citizen) is responsible from their personal taxes for their federal, state or related taxes to the IRS. (other country citizens to their own respective governmental institutions)

RETURNS | CANCELLATIONS

CANCELLING ORDER BEFORE DELIVERY

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store in 24 hours and our suppliers start to process the orders came from us to them between 2-5 days. If you wish to cancel your order, please send as a message as soon as possible or at least 24 hours at ask@livonetti.com and we will confirm your cancellation if it is not shipped to your address.

Our client service will request a cancellation of your order at our or our supplier partner’s warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below. 

RETURNING ORDERS AFTER DELIVERY | DEFECTIVE PRODUCTS

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price will be refunded. For practical information on how to return, see “Returns” section of the website.

REFUND INFORMATION

Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to client service when you initiate the return so that we can refund the money directly to your account. For practical information on how to return and for refund timelines, see “Returns”.

CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS

Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products: 

Delivery: Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our or our supplier partner's warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our or our supplier partner's warehouse. This information is best estimates only, timelines are not binding. 

Payment: Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above. 

Product launch date: The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website. 

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, personal or group invasion, terrorist attack or threat of it, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disasters, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:

a)     We will contact you as soon as reasonably possible to notify you; and

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above. 

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. 

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing. 

Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.

 

Livonetti