Terms and conditions

GENERAL CONDITIONS OF USE AND SALE & Cookie Policy

PREMISE

These General Conditions of Use and Sale (General Conditions) are applicable to all the Products and Services available on the “lucabrogi.com” property sites; unless expressly stated otherwise, any improvement of one or more existing services or any new service promoted by “lucabrogi.com” will be subject to the following General Conditions.

“Lucabrogi.com” by Luca Brogi

Via Dei Lippi Bassi 359/B

55100 Lucca(LU) Italy

tel +393334289139

fax +3905831929444

mail: contact@lucabrogi.com

“Luca Brogi” warranty since 1995

Cookie Policy

GENERAL TERMS AND CONDITIONS

This document reports the general terms and conditions on the basis of which users are offered the use of the website www.lucabrogi.com which offers photographic printing services from digital files.

DEFINITIONS

To allow for complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, will have the meaning indicated below:

Owner: Luca Brogi Via Dei Lippi Bassi 359/B Lucca 55100 (LU)
Website: www.lucabrogi.com
Products: photographic prints from digital and analog files
User: any person who accesses and uses the site
Consumer User: the adult natural person who concludes a contract for purposes unrelated to his/her entrepreneurial, commercial, artisanal or professional activity possibly carried out
Non-Consumer User: the adult natural person or legal person who concludes a contract for the performance or needs of his entrepreneurial, commercial, artisanal or professional activity
Conditions: this contract which governs the relationships between the Owner and the Users and the sale or supply of the Products offered by the Owner through the site.

INFORMATION ABOUT THE SITE OFFERING

The site provides Users with photographic prints on paper or other supports via Inkjet, laser or other technologies.

SCOPE OF APPLICATION OF THE CONDITIONS

Use of the site implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the site or the related services.
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the site, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time even after the User’s registration, the graphic interface of the site, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the site , communicating to the User, where necessary, the relevant instructions.

PURCHASE OR SUPPLY REQUEST VIA THE WEBSITE

All the Products offered via the website are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the site and the actual product. Furthermore, any images of the products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more products through the site are permitted to both Consumer Users and Non-Consumer Users.
The offer of the Products via the website constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and/or supply request, subject to confirmation and/or acceptance by the Owner as described below . Therefore, the Owner will have, at his sole discretion, the right to accept or not accept the User’s order without the latter being able to object or complain about anything for any reason and/or reason.
The contract of sale or supply of the products is considered concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the email address indicated by the User, which will contain the date of the order, the User’s data, characteristics and availability. of the Product, the price or method of calculating the price, any additional charges and taxes, the delivery address, delivery times and any costs.
The contract of sale or supply of the products is not considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the product is not available, the Owner will inform the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner. And the order is confirmed upon receipt of payment.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the relevant confirmation and the Conditions.

PRICES AND PAYMENTS

The price including VAT is indicated for each Product. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary depending on the destination, the chosen delivery method and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated on the site and to communicate all the necessary data requested.
The site uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, owner’s name, password, etc.).
If these third-party tools deny authorization for payment, the Owner will not be able to supply the Products and cannot be held responsible in any way.

BILLING

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be considered as valid, which he declares and guarantees to be truthful, granting the Owner any indemnity in this regard.

DELIVERY METHODS OF MATERIAL PRODUCTS

The material Products and/or digital goods supplied on a material support will be delivered to the address indicated by the User, in the manner and within the deadline chosen or indicated on the site and reported in the order confirmation at the time of payment, which will not exceed 7 days. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified by e-mail, indicating when they are expected to be delivered or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid which will be promptly credited to the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event that there is evident damage to the packaging and/or to the Product, the User can refuse delivery of the Product and can return it without any cost to him. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the Products delivered.
The Owner will not be liable to any party or third party for damages, losses and costs suffered as a result of failure to perform the contract due to force majeure.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

The User accepts that, even if he is a Consumer, he cannot exercise the right of withdrawal for the Products purchased on the site as it concerns the “supply of goods packaged on request or clearly personalized on a choice of image from those in the archive, the printing of author is upon request” pursuant to art. 59, first paragraph, letter. c) Legislative Decree 206/2005 (Consumer Code).
For further clarifications contact the email address info@lucabrogi.com.

PRODUCT WARRANTY FOR NON-CONSUMER USERS

In relation to material Products, non-Consumer Users will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relevant terms, forfeitures and limitations (articles 1490 and following civil code).

PRODUCT WARRANTY FOR CONSUMERS

The legal guarantee of conformity is recognized, provided for by the articles. 128-135 of the Consumer Code, for all Products sold through the Application that fall into the category of “consumer goods”, as regulated by art. 128, 2nd paragraph of the Consumer Code: any movable good, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by the judicial authorities, also by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specific quantity, iii) electricity.

THE LEGAL GUARANTEE OF CONFORMITY IS RESERVED FOR CONSUMER USERS ONLY.

The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:
are suitable for the use for which goods of the same type are usually used
they conform to the description made by the Owner and possess the qualities of the goods that the seller presented to the Consumer User as a sample or model
present the usual quality and performance of a good of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public declarations on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, in particular in advertising or on labelling
they are also suitable for the particular use desired by the Consumer User and which was brought to the attention of the Owner at the time of conclusion of the contract and which the Owner also accepted for conclusive facts.
Any failures or malfunctions caused by accidental events or the responsibility of the Consumer User or by use of the Product that does not comply with its intended use and/or as provided in the attached technical documentation are therefore excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within the following 2 months from the date of discovery of the defect. Unless proven otherwise, it is presumed that defects of conformity which appear within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity.
After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to have the Product restored to conformity, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous.
Furthermore, the Consumer User has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not repaired or replaced it within a reasonable time; iii) the replacement or repair caused significant inconvenience to the Consumer User. If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address info@lucabrogi.com.
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the website and/or the Contents available on the site. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the site are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
The Conditions do not grant the User any license to use the site and/or individual contents and/or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and contents of the site, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

WARRANTY DISCLAIMER

The website is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the site, nor does it provide any guarantee that the site will be able to satisfy the needs of the Users or that it will never have interruptions or will be free of errors or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the website is available uninterruptedly 24 hours a day, but cannot in any way be held responsible if, for any reason, the site is not accessible and/or operational at any time or for any period. Access to the site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely outside the control of the Owner or for events of force majeure.

LIMITATION OF LIABILITY

The Data Controller does not carry out any verification of the data entered and therefore cannot in any way be held responsible for any violation of third party rights.
The User will therefore indemnify and hold the Owner harmless from any liability towards third parties who may complain about violations of intellectual property rights, damage to the image, honor, decorum or in any case any pecuniary or non-pecuniary damage resulting from the printing of the images and contents uploaded by the User himself.
In any case, the Owner reserves the right to block any order that:
-involves a clear violation of the intellectual property rights of third parties or in any case whose contents are defamatory, violent or otherwise contrary to public order and morality.
-The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its suppliers.
-The Owner will also not be responsible for damages, losses and costs suffered by the User following failure to execute the contract for reasons not attributable to him, the User having the right only to a possible full refund of the price paid and any charges supported accessories.
-The Data Controller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, owner’s name, password, etc.).

The Owner will not be responsible for:
– any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the violation of the contract by the Owner
– incorrect or unsuitable use of the site by Users or third parties
– the issuing of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion
In no case can the Owner be held responsible for a sum greater than the cost paid by the User.

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FORZA MAGGIORE

Il Titolare non potrà essere considerato responsabile per il mancato o ritardato adempimento delle proprie obbligazioni, per circostanze al di fuori del controllo ragionevole del Titolare dovuti ad eventi di forza maggiore o, comunque, ad eventi imprevisti ed imprevedibili e, comunque, indipendenti dalla sua volontà.
L’adempimento delle obbligazioni da parte del Titolare si intenderà sospeso per il periodo in cui si verificano eventi di forza maggiore.
Il Titolare compirà qualsiasi atto in suo potere al fine di individuare soluzioni che consentano il corretto adempimento delle proprie obbligazioni nonostante la persistenza di eventi forza maggiore.

PRIVACY

La tutela e il trattamento dei dati personali avverranno in conformità all’Informativa Privacy, che può essere consultata alla pagina https://www.lucabrogi.com/cookie-policy/

LEGGE APPLICABILE E FORO COMPETENTE

Le Condizioni sono soggette alla legge italiana.
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MAJOR FORCE

The Data Controller cannot be held responsible for failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.
The Data Controller will carry out any action in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

PRIVACY

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://www.lucabrogi.com/cookie-policy/

APPLICABLE LAW AND JURISDICTION

The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the site, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the civil procedural code.
The site reserves the right to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
For non-Consumer Users, any dispute relating to the site, execution and interpretation of these Conditions will be referred to the court of the place where the Owner is based.

ONLINE DISPUTE RESOLUTION FOR CONSUMER USERS

The Consumer User resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and supply of services stipulated online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

NEWSLETTER REGISTRATION – AND CANCELLATION

The registered User can stop using the newsletters at any time and request their cancellation through the site interface, if possible, or by sending a written communication to the e-mail address info@lucabrogi.com.
In case of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

lucabrogi.com
Website for the dissemination of art and the visibility of artists.

Presidency and National Secretariat
City of Lucca – Registration and Services Division
(Italy)
Email info@lucabrogi.com