Termini e condizioni del servizio

TERMS AND CONDITIONS OF SALE
Lorena Milano – www.lorenamilano.com

GENERAL TERMS AND CONDITIONS OF SALE

These Terms and Conditions govern all purchases made online through www.lorenamilano.com. Depending on the Customer's country of residence, specific provisions apply as indicated below.

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions of Sale (hereinafter, "Terms") govern all sales of Lorena Milano products (hereinafter, "Products") concluded remotely through the website www.lorenamilano.com (hereinafter, the "Website").

1.2. The remote sales service is reserved exclusively for individuals aged 18 or over acting for purposes outside their trade, business, craft or profession ("consumers"), as well as professional buyers who accept these Terms.

1.3. The language used for the conclusion of sales contracts is Italian. Any translations are provided for informational purposes only. In the event of any discrepancy, the Italian version shall prevail.

1.4. Customers are required to read these Terms carefully before placing an order. Contracts concluded with Customers will be archived by Lorena Milano for the period required by applicable law.

1.5. Lorena Milano reserves the right to modify these Terms at any time. Any modifications apply exclusively to orders placed after their publication on the Website. The version applicable to each order is the one in force at the time the order is submitted.

2. APPLICABLE LAW AND JURISDICTION

2.1. Customers resident in the European Union: These Terms are governed by applicable EU consumer protection legislation, including EU Directive 2011/83/EU on consumer rights, EU Directive 2000/31/EC on electronic commerce, EU Directive 2019/771 on the sale of goods, and EU Regulation 2016/679 (GDPR). Any dispute shall be subject to the jurisdiction of the courts of the Customer's place of habitual residence within the EU, in accordance with Regulation (EU) No. 1215/2012 (Brussels I Recast).

2.2. Customers resident in Hong Kong and other non-EU countries: These Terms are governed by the law of the Hong Kong Special Administrative Region (HKSAR), including the Sale of Goods Ordinance (Cap. 26), the Control of Exemption Clauses Ordinance (Cap. 71), the Trade Descriptions Ordinance (Cap. 362), the Electronic Transactions Ordinance (Cap. 553) and the Personal Data (Privacy) Ordinance – PDPO (Cap. 486). Any dispute shall be subject to the exclusive jurisdiction of the courts of Hong Kong (HKSAR).

2.3. Regardless of the law chosen to govern these Terms, consumer Customers may not be deprived of the mandatory protections afforded by the law of their country of habitual residence, pursuant to Article 6 of Regulation (EC) No. 593/2008 (Rome I).

2.4. Alternative Dispute Resolution (ADR): Before initiating legal proceedings, the parties undertake to attempt an amicable resolution of any dispute. EU customers may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Hong Kong customers may contact the Consumer Council Hong Kong or the Hong Kong International Arbitration Centre (HKIAC).

3. PRODUCT INFORMATION AND AVAILABILITY

3.1. Information about the Products, including descriptions, codes, materials and prices, is available on the Website. Lorena Milano undertakes to ensure that such information is accurate, complete and not misleading, in accordance with applicable law, including the Trade Descriptions Ordinance (Cap. 362) for HK customers and EU Directive 2005/29/EC on unfair commercial practices for EU customers.

3.2. Product images are for illustrative purposes only. Colours, textures and proportions may vary from reality due to differences in screen settings and calibration. Customers should refer to the written Product description.

3.3. Lorena Milano reserves the right to modify at any time the availability, models and prices of Products without prior notice. In the event of unavailability following an order, the Customer will be promptly informed by email or phone and may choose between: (i) waiting for the Product to become available, (ii) replacement with an equivalent product, or (iii) a full refund of the amount paid.

4. PRICES

4.1. Prices are expressed in the currency indicated on the Website and include any applicable taxes in the relevant country. Hong Kong does not apply VAT or sales tax. For EU customers, prices include VAT where applicable.

4.2. Any customs duties, import fees or taxes applicable in the Customer's country of destination are the sole responsibility of the Customer.

4.3. Shipping costs are shown separately in the order summary and are included in the total amount before the Customer confirms the purchase.

4.4. In the event of an obvious and material pricing error on the Website, Lorena Milano reserves the right to: (i) cancel the order and issue a full refund, or (ii) contact the Customer to propose the purchase at the correct price. In the absence of the Customer's express written acceptance, the order shall be deemed cancelled and the full amount refunded without delay.

5. CONTRACT FORMATION

5.1. Information and prices published on the Website do not constitute a binding offer, but an invitation to treat. The contract is formed according to the procedure described below.

5.2. To place an order, the Customer must:
- Add the desired Products to the cart;
- Complete the order form with the required personal details;
- Select a payment method;
- Read and accept these Terms and Conditions;
- Submit the order by clicking the confirmation button on the Website.

5.3. Submission of the order constitutes a binding contractual offer by the Customer. Before submitting, the Customer has the opportunity to review and correct any errors in the data entered.

5.4. The contract is concluded when Lorena Milano sends an order confirmation email to the address provided by the Customer. This confirmation constitutes acceptance of the Customer's offer.

5.5. Lorena Milano reserves the right to decline an order in the following cases:
- Unavailability of the ordered Product;
- Failed or unauthorised payment;
- Reasonable suspicion of fraudulent activity;
- Previous violations of these Terms by the Customer;
- Incomplete or inaccurate information provided by the Customer.

5.6. In the event of partial availability, Lorena Milano will promptly inform the Customer. Payment will be charged exclusively for Products that are available and dispatched.

5.7. Risk of loss or damage passes to the Customer upon physical delivery of the Products:
- For EU customers: upon delivery to the Customer or to a third party designated by the Customer, other than the carrier, pursuant to EU Directive 2011/83/EU, Article 20;
- For HK customers: pursuant to the Sale of Goods Ordinance (Cap. 26), s. 20.

6. PAYMENT METHODS

6.1. Lorena Milano accepts the following payment methods:
- Credit and debit cards: Visa, Mastercard, Maestro;
- PayPal;
- Any other methods indicated on the Website at the time of ordering.

6.2. All transactions are processed through secure, encrypted payment systems. Lorena Milano does not store Customers' card details. Payment data is processed by third-party providers certified to PCI-DSS standards.

6.3. Payment is charged only after: (i) verification of the data entered, (ii) authorisation by the relevant financial institution, and (iii) confirmation of Product availability.

6.4. If payment is not successfully completed within 10 working days of order submission, the order will be automatically cancelled and the Customer will be notified by email.

7. SHIPPING AND DELIVERY

7.1. Products are delivered to the physical address indicated by the Customer at the time of ordering. No deliveries are made to P.O. Boxes. The Customer is solely responsible for the accuracy of the delivery address provided.

7.2. Estimated delivery times are indicated on the Website and in the order summary. Lorena Milano cannot guarantee delivery times in cases of force majeure, customs delays or carrier disruptions. The Customer will be promptly informed of any foreseeable delay.

7.3. A purchase receipt will be sent by email together with the order confirmation or shipping notification.

7.4. In the event of the recipient's absence, the carrier will make a second delivery attempt. The parcel will be held for a maximum of 7 working days, after which it will be returned to Lorena Milano. Return and re-shipping costs will be borne by the Customer.

7.5. Upon receipt, the Customer must inspect the outer packaging for visible damage. In the event of obvious damage, the Customer must: (i) accept the parcel with a written reservation on the carrier's delivery document, or (ii) refuse delivery. Damage not reported at the time of delivery cannot be subsequently disputed, except in cases of hidden defects in the Product.

7.6. Orders already dispatched to the carrier cannot be modified or cancelled. The Customer may initiate a return in accordance with Article 9 once the Product has been received.

8. PACKAGING

8.1. Products are packaged according to Lorena Milano's standard, with packaging designed to preserve the integrity of the Product throughout transit.

9. RIGHT OF WITHDRAWAL AND RETURNS POLICY

9.1. EU Customers – Statutory right of withdrawal: Pursuant to EU Directive 2011/83/EU, Article 9, consumer Customers resident in the European Union have the right to withdraw from the contract within 14 calendar days of the day on which the Customer, or a third party designated by the Customer (other than the carrier), takes physical possession of the Product, without providing any reason and without incurring any liability beyond those set out in Articles 13 and 14 of the Directive. To exercise this right, the Customer must notify Lorena Milano of the decision to withdraw before the 14-day period expires, by sending a clear statement to assistenza@lorenamilano.com. EU Customers may use the standard withdrawal form provided under Annex I of Directive 2011/83/EU, available on request.

9.2. Hong Kong and non-EU Customers – Voluntary returns policy: Hong Kong law does not provide a statutory right of withdrawal or return for online purchases of non-defective goods. Lorena Milano nonetheless offers, as a commercial courtesy, the option to return Products within 14 calendar days of the date of receipt, under the conditions set out below. This policy is entirely voluntary on the part of Lorena Milano and does not constitute a legal obligation.

9.3. Conditions for return (applicable to all Customers): The Product to be returned must be:
- Intact, unused and undamaged;
- In its original packaging with all tags and labels still attached;
- Accompanied by proof of purchase;
- Not a personalised Product (see Article 10).

9.4. Return procedure: Customers wishing to exercise their right of withdrawal or request a return must:
- Send an email to assistenza@lorenamilano.com;
- Include: order number, Product description (item, size, colour) and reason for the return;
- Wait for written confirmation from customer service;
- Follow the return instructions received by email.

9.5. Return shipping costs: Return shipping costs are borne by the Customer. The return address will be communicated by email upon approval.
Exception for EU Customers: where Lorena Milano has failed to inform the Customer of the return shipping costs prior to the conclusion of the contract, such costs will be borne by Lorena Milano, pursuant to Article 14(1) of Directive 2011/83/EU.

9.6. Returns handling fee:
For non-EU Customers: Lorena Milano applies an administrative returns handling fee equivalent to €14.00 (or equivalent in the billing currency), which will be deducted from the refund amount.
For EU Customers: no administrative handling fee is charged for the exercise of the statutory right of withdrawal. Lorena Milano may however deduct from the refund an amount reflecting any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning, pursuant to Article 14(2) of Directive 2011/83/EU.

9.7. Refund: The refund will be processed within 14 calendar days of:
- For EU Customers: receipt of the returned Product, or proof of its dispatch, whichever is earlier, pursuant to Article 13(3) of Directive 2011/83/EU;
- For non-EU Customers: receipt and verification of the returned Product.
The refund will be issued using the same payment method used for the original purchase, unless otherwise expressly agreed in writing. For bank transfer refunds, the Customer must provide their bank details (IBAN / SWIFT / HK bank code).

9.8. Lorena Milano reserves the right to withhold the refund for EU Customers until the returned Product has been received, or until the Customer has provided proof of return shipment, pursuant to Article 13(3) of Directive 2011/83/EU. For non-EU Customers, the refund will be processed only after physical receipt and verification of the returned Product.

9.9. Products not accepted for return: The following Products will not be accepted for return:
- Used, washed or damaged Products;
- Products missing tags, labels or original packaging;
- Personalised Products (see Article 10);
- Products returned without prior written approval from Lorena Milano.

10. PERSONALISED PRODUCTS

10.1. Products made to measure or personalised at the Customer's request (for example, with engravings, monograms or initials) are excluded from the returns policy in Article 9:
- For EU Customers: pursuant to Article 16(c) of Directive 2011/83/EU, which excludes from the right of withdrawal contracts for the supply of goods made to the consumer's specifications or clearly personalised;
- For non-EU Customers: the voluntary returns policy does not apply to personalised Products.
This exclusion does not apply in cases of non-conformity or defects attributable to Lorena Milano (see Article 12).

10.2. The personalised nature of a Product is clearly indicated in the Product description on the Website and/or confirmed at the time of ordering.

11. PRODUCT REPLACEMENT

11.1. Lorena Milano does not accept requests for voluntary Product replacement (for example, a change of size or colour), except as provided under the returns policy in Article 9.

11.2. In the event of delivery of an incorrect Product (wrong model, size or colour) due to an error attributable to Lorena Milano, the Customer must contact customer service at assistenza@lorenamilano.com within 48 hours of delivery, providing a photograph of the Product received and the order number. In such cases, Lorena Milano will arrange free replacement and reimbursement of documented return shipping costs.

11.3. Where an error in the order is attributable to the Customer, all return and re-shipping costs are borne solely by the Customer.

11.4. Products to be replaced must be returned intact, unused, in their original packaging with all tags attached, and accompanied by documentation showing the order number and reason for the return.

12. LEGAL WARRANTY AND DEFECTIVE PRODUCTS

12.1. EU Customers: Pursuant to EU Directive 2019/771 on the sale of goods, Lorena Milano warrants that Products are in conformity with the contract. EU Customers are entitled to a minimum warranty period of 2 (two) years from the date of delivery. In the event of a lack of conformity, the Customer is entitled to: (i) repair or replacement of the Product, free of charge; (ii) a proportionate reduction in price; or (iii) termination of the contract and a full refund, where repair and replacement are impossible, disproportionate or have not been carried out within a reasonable time.

12.2. Hong Kong and non-EU Customers: Pursuant to the Sale of Goods Ordinance (Cap. 26), all Products are subject to the following implied conditions by law: (i) satisfactory quality, having regard to the price and nature of the goods (s. 16); (ii) correspondence with description (s. 15); (iii) fitness for any particular purpose made known to Lorena Milano by the Customer (s. 16); (iv) the seller's right to sell (s. 14).

12.3. In the event of a defect or lack of conformity, the Customer must contact customer service at assistenza@lorenamilano.com within a reasonable time of discovering the defect, providing photographic evidence and the order number.

12.4. Available remedies in the event of a confirmed defect include: free repair or replacement; a proportionate price reduction; or a full refund where repair and replacement are not possible or are not carried out within a reasonable time.

12.5. All shipping costs related to defective Products, both for return to Lorena Milano and re-delivery to the Customer, are borne by Lorena Milano.

13. LIMITATION OF LIABILITY

13.1. To the maximum extent permitted by applicable law (including the Control of Exemption Clauses Ordinance Cap. 71 for HK customers and applicable EU law for EU customers), Lorena Milano excludes liability for: (i) indirect, consequential or purely economic loss; (ii) delivery delays caused by force majeure or events outside Lorena Milano's reasonable control; (iii) inaccuracies in information provided by third parties.

13.2. Nothing in these Terms limits or excludes Lorena Milano's liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability that cannot lawfully be excluded or limited under applicable law, including mandatory consumer protection provisions applicable to EU customers.

14. PERSONAL DATA PROTECTION AND PRIVACY

14.1. EU Customers – GDPR: The personal data of customers resident in the European Union is processed in compliance with EU Regulation 2016/679 (GDPR). Data is collected and processed exclusively for the following purposes: performance of the sales contract (Article 6(1)(b) GDPR); compliance with legal obligations (Article 6(1)(c) GDPR); and, subject to prior explicit consent, commercial communications (Article 6(1)(a) GDPR). Data is not disclosed to third parties except as strictly necessary for contract performance (carriers, payment processors). Data is retained for the minimum period necessary for the stated purposes and in any event no longer than required by applicable law. EU Customers have the right to access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to lodge a complaint with the competent national data protection supervisory authority in their country of residence.

14.2. Hong Kong Customers – PDPO: The personal data of customers resident in Hong Kong is processed in compliance with the Personal Data (Privacy) Ordinance (Cap. 486) of the HKSAR. Data is collected and used exclusively for contract performance, order management and fulfilment of legal obligations. Hong Kong customers have the right of access to and correction of their personal data pursuant to the PDPO. To exercise these rights, contact: assistenza@lorenamilano.com.

14.3. For full details on the processing of personal data, please refer to the Privacy Policy available on the Website.

15. INTELLECTUAL PROPERTY

15.1. All content on the Website, including trademarks, logos, images, texts and designs, is the exclusive property of Lorena Milano or the respective rights holders and is protected under applicable intellectual property law. Any unauthorised reproduction, distribution or use is strictly prohibited.

16. CONTACTS

For any enquiry, complaint or information request, Customers may contact Lorena Milano:
Email: assistenza@lorenamilano.com
Website: www.lorenamilano.com

Lorena Milano undertakes to respond to all communications within 5 working days.