Art. 1 - Introduction

The terms and conditions of sale herein (hereinafter referred to as “terms of sale” for the sake of brevity) govern the sale of products marketed by LV8 (hereinafter referred to simply as the “seller” for the sake of brevity), Via Peppone Don Camillo 11, Brescello (RE), on its website: www.shop.LV8.it 

Art. 2 - Definition

2.1 The expression “on-line sale contract” means the contract for the sale of products or services offered by the Supplier, entered into between the latter and the Buyer as part of a remote sales system using computerised tools, organised by the Supplier. 

2.2 The expression "Buyer" means the Customer, a natural or legal person, who following the acceptance of these terms of sale purchases products or services offered by the Supplier.

2.3 The expression "Supplier" means the subject specified in the epigraph i.e. the subject selling or providing the products or services concerned by the offer.

Art. 3 - Scope

3.1 The General Terms and Conditions of Sale concern the remote purchase of products using the Internet via the website www.shop.lv8.it belonging LV8 (in the Italian province of Parma), brand registered under Ferrari Sergi Metalmeccanica S.r.l. Via Peppone Don Camillo 11, postcode 42041 Brescello (RE), VAT registration no. 02422880340, Reggio Emilia Companies Register – 282331. 

3.2 All prices di include VAT.

3.3 The delivery service is available in the European Community, Switzerland, Norway and UK.

3.4 All purchase transactions made by the Buyers will be governed by the provisions referred to in Italian Legislative Decree no. 206/2005 (Consumer Code) and Italian Legislative Decree of 21 February 2014, no.21 implementing Directive 2011/83/EU on consumer rights.

3.5 Protection of privacy will be subjected to the GDPR 679/2016. To this end, the Buyer should read the disclosure (referred to as the "Privacy Policy") found on the website and provide consent to data processing in order to proceed with the order. 

Art. 4 – Acceptance of the General Terms and Conditions of Sale 

4.1 The General Terms and Conditions of Sale and the Privacy Policy herein are made available to the Buyer on the website www.shop.lv8.it before the order is processed. Continuation with the processing of the order by the Buyer implies the full knowledge of the same and their acceptance in full.

4.2 By placing the order, the Buyer declares to have read and accepted all the general terms and conditions of sale and payment specified therein and also declares to have read the Privacy Policy carefully and completely, to be fully aware of its contents and to have expressed consent to data processing; by sending his/her purchase order the Buyer therefore unconditionally accepts and undertakes to observe them in full, together with the terms of payment and the related price.

4.3 The Buyer undertakes to send LV8 his/her data for the full performance of the contract herein and the related additional communications; the personal data transmitted by the buyer must correspond to their actual personal data and not to that of any third persons or imaginary persons.

It should be noted that for the purposes of fulfilling the order, personal data may be communicated to suppliers and freight forwarders in charge of delivery. The data collected are also used solely for the purposes of the service and will not be published nor sold to third parties

4.4 The buyer is not entitled to any compensation for damage or indemnity, nor any contractual or non-contractual liability for direct or indirect damage to people and/or property, caused by the non-acceptance, even partial, of an order by the Supplier. The Customer undertakes and is obliged, once the purchase process is complete, to print and keep the General Terms and Conditions of Sale herein, in respect of articles 52 and 53 of Italian Leg. Decree no. 206/2005. 

Art. 5 - Purchasing method

5.1 By sending the on-line order, the buyer transmits to LV8 a purchase order for the product and/or products or services included in the basket. When the buyer places an on-line order for the products or services placed in his/her basket, (s)he agrees to buy them at the price and terms specified in the General Terms and Conditions of Sale herein.

5.2 All prices on the website are VAT included.

 5.3 Once the purchase order has been submitted, the buyer will receive an e-mail from LV8 to confirm receipt of the purchase order and containing the information relating to the main features of the item purchased, a detailed indication of the price, of the delivery costs and of the charges applicable and the means of payment, and containing a reference to the general terms and conditions of the contract and the information about the possible existence of the right of withdrawal (subsequent Art. 8 and 9).

Art. 6 - Payment method      

Customers may pay for the merchandise by choosing one of the following methods:

1. INSTANT BANK TRANSFER
2. CREDIT OR DEBIT CARD
3. GOOGLE PAY
4. APPLE PAY

Once the payment is done, the buyer will receives an email with all the details of the payment and with the order confirmation.

Art. 7 – Goods guarantee

LV8 guarantees that products identical to those specified and described on the website will be delivered, as well as the observance of all the regulations concerning product packaging to ensure they remain intact until the moment of delivery at the location specified in the order. The supplier’s responsibility applies to all products sold. 

All products on sale are covered by a guarantee against any defect or flaw inherent in the product itself, to be reported at are client service through an e-mail at info@LV8.it within two years of delivery of the product (the liability period). The complaint must always be made within a reasonable period of time from when the defect should have been noticed. The right to complain ends once the two-year liability period has expired.

Materials and parts subject to normal wear and tear and parts whose lifespan cannot be determined a priori are excluded from the warranty. The warranty is not recognized for those parts whose breakage or wear is due to:•          Failure to comply with the assembly instructions.•          Negligence of the user regarding the operation of the product.•          Use of tools unsuitable for assembly.•          Modifications or tampering carried out or caused to be carried out without specific approval from LV8.•          Use of non-original spare parts. Once the product that is the subject of the complaint has been evaluated and LV8 has determined that the complaint is valid, the buyer will get refunded in accordance with applicable law. This means that the fault will be eliminated or that we will replace the defective product with a new one. If neither option is possible, the buyer will instead have the right to request a price reduction corresponding to the defect or to cancel the purchase in accordance with applicable law.

In the event of transport being borne by the Buyer, once the goods have been taken over by the buyer or by the carrier appointed by him, LV8 will not be liable for any discrepancies in the products resulting from incorrect storage and/or transport of the goods, which cause damage or tears to the packages or exposure of the same to environmental conditions unsuitable for preserving the contents.

Art. 8 - Right of withdrawal

Pursuant to the provisions of Italian Legislative Decree of 21 February 2014 no.21, if the buyer is an end consumer (i.e. a natural person who buys the goods for purposes not related to his or her professional activity, or does not make the purchase indicating a VAT registration no. on the order form to LV8) (s)he has the right to withdraw from the contract, without specifying the reason, within 14 days. 

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

For some products, the right of withdrawal or return does not apply. All customizable products on the web site are excluded from the right of withdrawal and return.

The Customer may exercise their right of withdrawal before the expiry of the relevant period by using the dedicated withdrawal form available on our website, accessible via the footer. Upon receipt of the form, the Customer will receive a confirmation email.
LV8 will subsequently provide the Customer, by email, with the necessary instructions for returning the product.

Art.9 Effects of withdrawal 

If the buyer withdraws from the contract herein, (s)he will be refunded all payments made in the favour of the seller, including shipping costs (with the exception of the additional costs arising from his or her choosing a different type of delivery service from the standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the seller is informed of his/her decision to withdraw from the contract herein. The said refunds will be made using the same method of payment used for the initial transaction, unless the buyer has expressly agreed otherwise; in any case, (s)he will not incur any costs as a result of such refund. From the notification of authorisation of his/her decision to withdraw from the contract herein, the Supplier denies all responsibility in the case of failure to comply with the terms of refund that depend on third-party intermediaries of the payment, such as in the case of transactions made by credit card and the time frames required by banks for the refund. It is understood that the refund will be suspended until the goods concerned by the withdrawal have been received and checked as set out below.

The buyer is requested to return the goods or to deliver them to LV8 without undue delay and in any case no later than 14 days after having communicated his/her withdrawal from the contract herein. The deadline is considered met if the goods are returned before the 14 days are up.

The right of withdrawal is subject to the following inviolable conditions:

• The right applies to the product purchased in its entirety; withdrawal cannot be exercised on only part of the product purchased;
• The goods purchased must be intact and returned in its original packaging, complete in all its parts. Since the buyer is responsible for any damage or loss during the return shipment if such damage or loss was caused by his negligence, for example in the packaging of the product.
• The goods concerned by the right of withdrawal must be returned in normal state of preservation, and must have been guarded with due diligence.
• Shipping, until certification of acknowledgement of receipt from the warehouse of LV8 lies under the sole responsibility of the buyer;
• In the event of damage to the goods during transport, LV8 will provide notification of this occurrence (within 5 working days from receipt of the goods in our own warehouses), to allow the buyer to lodge a prompt complaint with the carrier and obtain a refund for the damage; in this case, the product will be placed at the buyer’s disposal for collection and the withdrawal request will be considered cancelled;
• LV8 will not be held in any way liable for damage or theft or loss of the goods during the return.

Art. 10 - Policy 

Privacy - Law regarding the protection of personal data and subsequent amendments and addenda

The personal data required are collected by the supplier and processed, using hard-copy and/or electronic format, in order to comply with the obligations under the contract entered into with the buyer.

The supplier guarantees its buyers compliance with the regulations on the subject of personal data processing, governed by the Privacy Code referred to in GDPR 679/2016 and subsequent amendments and addenda.

The Data Controller and Data Coordinator is Ferrari Sergio Metalmeccanica S.r.l. Via Peppone Don Camillo 11, postcode 42041 Brescello (RE), VAT registration no. 02422880340, Reggio Emilia Companies Register – 282331.

The buyer is entitled at any time to revoke consent to the processing of personal data by written communication to be sent the supplier’s registered office.

The buyer is also entitled to have the data updated, supplemented and rectified, where inexact or incomplete, as well as to request their cancellation or blockage should these prove to be processed breaching the law.

These rights can be exercised by the buyer directly with the supplier, Data Controller and Data Coordinator, by sending any requests to Ferrari Sergio Metalmeccanica S.r.l., Via Peppone Don Camillo 11, postcode 42041 Brescello (RE).

Marketing communications will only be sent upon the buyer’s explicit consent provided together with the data processing authorisation.

Art. 11 – Limitation and exemption from responsibility

The responsibility of LV8 is excluded:

1. a) for any damage from the use of the service provided ON-LINE;
2. b) for errors or omissions possibly present in the website or any other website referred and/or linked to it;
3. c) for any inaccuracies of any kind or typing errors which may derive from the update of the website herein at any time;
4. d) for any interruptions in the services provided by the website, which in the event of their occurrence will be declared in advance, except for reasons beyond the control of LV8 (accidents and/or causes of force majeure);
5. e) for service inefficiencies caused by force majeure such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events which would prevent the performance of the contract within the agreed time frames in full or in part. In such cases, LV8 will not be responsible towards any party for the damage, losses and costs incurred following failure to perform the contract barring the buyer’s sole right to obtain the refund only of the price paid.
6. f) Without prejudice to cases of wilful misconduct or gross negligence by LV8, in the event that the responsibility of the same is ascertained for any reason towards the buyer, including the case of non-fulfilment, in full or in part, of the obligations taken by LV8 towards the Customer as a result of the fulfilment of an order, the responsibility of LV8 cannot be more than the price of the Products purchased by the buyer and for which the complaint has arisen.

Art. 12 - Complaints

Any possible complaint must be lodged, using a registered letter with advice of receipt, with Ferrari Sergio Metalmeccanica S.r.l. Via Peppone Don Camillo, 11postcode 42041, Brescello (RE).

Art. 13 - Jurisdiction and Applicable law

The sales contract between the buyer and the supplier is understood to be entered into in Italy and governed by Italian Law. To resolve any civil and/or criminal disputes ensuing from the entering into of the sales contract herein, the court with jurisdiction will solely be the Court of Reggio Emilia.

Art. 14 - Conditions

The conditions contained in the document herein may be amended by the supplier without notice and will apply from the date they are posted on the website www.shop-lv8.it.

Art. 15 – Shipments

The delivery service is available in the whole European Community, Switzerland, Norway and UK. The shipment price it is calculated at the check-out. Delivery times vary depending on destination:·         Italy 1-3 working days;·         EU and extra-EU 2-7 working days.  If several items have been added to the order, with deferred delivery or shipping times, the shipping date will be determined by the item with the longest delivery time. The delivery or sending times of the product are indicative. In any case, a delay in delivery compared to the indicated day will not give the right to compensation. PLEASE NOTE: No shipments are made on Saturdays, Sundays and holidays.