Terms and General Conditions

This Website www.lumierevebrand.com (the “Website”) is published by Lumiereve Srl, a company incorporated under the Italian law with a share capital of €15,000, as reported in the Italian business Register with the number 11750670967, with its registered office at address Piazza San Pietro in Gessate, 2 – 20122 Milan (MI), Italy. The Website hosting is entrusted to the company SiteGround Spain S.L., having its registered office at Calle de Prim 19, 28004 Madrid, Spagna. For access to the Website and the use of its content, the terms of use described below apply. The fact of accessing and browsing the Website constitutes by the user the unreserved acceptance of the following terms.

2.1 Ownership

Lumièrêve is the owner of the domain name of the Website. The whole Website (included of texts, structures, software, animations, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) constitute intellectual property protected by the articles of the Italian Intellectual Property Code. The Website and its elements are the exclusive property of the company Lumiereve Srl is the owner of contents and as such, the only company authorized to exercise intellectual property rights and related personality rights, in particular trademarks, models, intellectual property, software, databases, interpretations and images of people, either as creator or through formal authorization or license.

2.2 Sanctions

The use of the Website or part of it is strictly prohibited, in particular by downloading, reproduction, transmission, representation or dissemination for purposes other than the personal and private use of the user. The person responsible for the violation of the rights of Lumiereve Srl incurs the sanctions established both by the Italian Code of intellectual property and by the Italian Civil Code.

2.3 Hypertext links

It is forbidden to create any type of hypertext link to any of the web pages or components of the Website without the prior written authorization from Lumiereve Srl, which can be revoked at any time. All external Websites that contain hypertext links to the Website or to any of its components, are not under the control of Lumiereve Srl, which consequently declines any responsibility (in particular editorial) regarding the access and content of such Websites.

Lumiereve Srl will ensure the accuracy of the information published on its Website, whose content can be updated at any time and without notice. However, it is not always possible to guarantee information accuracy and completeness, hence Lumiereve Srl will not take any responsibility in this regard.

In particular, Lumiereve Srl will not be responsible for all the below:

– for any imprecision, inaccuracy or omission in relation to the information available on the Website;

– for any damage deriving from computer intrusion by third parties that has led to a modification of the information made available on the Website;

– and, more generally, for any damage, direct or indirect, regardless of its causes, origins, nature and consequences, caused by anyone’s access to the Website or the inability to access it, as well as by the use of the Website and / or credit granted to any information coming directly or indirectly from it.

Lumiereve Srl implements measures to ensure the security of documents created from the personal data collected on the Website. However, Lumiereve Srl does not have any control over the risks associated with the operation of the Internet and, therefore, reminds to the users the existence of potential risks in terms of confidentiality of data transmitted through the network.

Lumiereve Srl informs users who consult the Website that these notes can be changed at any time. These changes will be made known through their online publication and will be considered accepted without reservation by any user who accesses the Website.

The Italian jurisdictions are territorially competent to deal with any dispute relating to the use of the Website, unless otherwise provided by the Regulation n° 44/2001 of 20th December 2000 on judicial competence, the recognition and execution of decisions in civil and commercial matters (Brussels I). For any doubts regarding the use of the Website and / or these notes and for any question that the user wishes to address to Lumiereve Srl, it is possible to send a message from the “CONTACTS” page of the Website and / or an e-mail to the following address: info@lumierevebrand.com.

These are the General Conditions of Sale of Lumiereve Srl, a company incorporated under the Italian law with a share capital of €15,000, as reported in the Italian business Register with the number 11750670967, having its registered office at Piazza San Pietro in Gessate, 2 – 20122 Milan (MI), Italy.

Lumiereve Srl creates, designs, produces and sells high fashion items for men and women through its Website identified by the domain “www.lumierevebrand.com” (hereinafter the “Website”).

The Items are sold to end users who act for strictly personal purposes not related to any commercial activity, with the exception of all resellers and intermediaries acting on behalf of resellers (hereinafter the “Customer / s” or “You”) .

The Customer therefore confirms that he is acting as a consumer and that he does not intend to resell the Items for commercial purposes.

The Customer also declares to have the legal capacity to stipulate these General Conditions of Sale.
Each time the Customer purchases one or more Articles on the Website, he must indicate that he accepts the applicable General Conditions of Sale and the Privacy Policy of Lumiereve Srl (hereinafter the “Privacy Policy”) by clicking on “Pay”. It is possible to view these documents before and at the time of confirmation of the purchase.

Lumiereve Srl may update and modify these General Conditions of Sale, and will inform its Customers of such changes via e-mail. The terms that apply to the sale of the Items are those in effect at the time of the conclusion of the sales contract.

For more information on how Lumiereve Srl processes personal data collected on the Website, Customers are invited to read the Privacy Policy.

Article 2 – Information on orders

Selection of Items by Customers

On the Website, Customers select, enter and validate the designation and quantity of the Items they wish to order and the Items will be added to their “Cart”.

Online, Customers can freely modify the content of their Carts, delete Articles or change the quantities ordered, or add other Articles to the Cart by clicking on the appropriate buttons.

2.2 Identification

Once the selection is complete, the Customer can validate the contents of the Cart, alternatively:

– by accessing the Customer’s account (hereinafter the “Account”), or

– or continuing as a “guest”..

The Customer can also login before selecting any Article.
If the Customer already has an Account, he must log in using his e-mail address and password.

If the Customer does not have any account yet, he/she can create one by entering his/her name, address, e-mail address and telephone number when placing the order.
The Account will be operational once confirmation is received from Lumiereve Srl by e-mail.

The Account will be operational once confirmation is received from Lumiereve Srl by e-mail.

Once the order has been placed, the Customer will not be able to change his/her address. If so, it will be necessary to appeal to his/her right of withdrawal as per article 11 and place another order indicating the new address.

For more information on how customers’ personal data are processed, please consult the Privacy Policy.

The login credentials and password are strictly personal. Therefore, the Customer undertakes to keep them safe and not to disclose them to third parties.

In addition, the Customer agrees to immediately inform Lumiereve Srl in case of loss or theft of their login credentials and / or password or in the event of fraudulent use of the Account.

Within the limits set by applicable law, Lumiereve Srl cannot be considered liable for any direct or indirect damage caused by fraudulent access to the Account or the Website, or in the event of the Customer being unable to access the Account or the Website.

2.3 Orders Validation

The Customer must choose the delivery method and provide all the information necessary for the shipment of the order, in particular:

–email address;

– name and surname;

– address;

– Postal code;

– city;

– telephone number;

– delivery method;

– country of dispatch;

– billing address;

– delivery address; and

– payment methods and payment information.

The Customer can use the delivery address as a billing address or enter another one.

Once all this information has been entered and validated, the price of the Items (as defined in Article 5 below), as well as any shipping costs, the expected delivery date and the link to be able to print and archive the copy of these conditions , will be automatically viewable. The Customer must verify that the selection is correct before confirming the order.

To help its customers identify any errors, Lumiereve Srl provides means of technical verification in the form of a standard summary with completeness verification (which checks if all the required fields have been filled in).
By clicking on “Proceed to payment” you place a final order for the Item or Items contained in the Cart.

It will not be possible to place an order unless the Customer has read and accepted these General Conditions of Sale and the Privacy Policy by clicking on “Validate my payment and confirm my order”.

2.4 Order Confirmation by Lumiereve Srl

Once the procedure described in article 2.3 above has been completed, an order confirmation will be sent to the Customer by e-mail. The Customer agrees to the use by Lumiereve Srl of the e-mail address for confirming the content of the order. Unless expressly indicated otherwise, the confirmation of receipt of the order does not constitute acceptance of the order

The sales contract is considered stipulated when the Item or Items ordered is/are sent and the Customer receives an e-mail confirming shipment of the order from Lumiereve Srl.

In the case of payment by credit card, the sales contract is finalized when the credit card is charged in accordance with the provisions of Article 6, even if this charge is made before the shipment of the order or before the acceptance is expressed in another way.

In the case of payment via PayPal, as provided for in Article 6.2, the sales contract is finalized when the Customer confirms the order on the PayPal Website.

In the case of payment via Klarna, as provided for in Article 6.3, the sales contract is finalized when the credit card is charged in accordance with the provisions of Article 6, even if this charge is made before the shipment of the order or before the acceptance is expressed in another way.

The confirmation receipt of the order includes the order number, the total amount of the order, information relating to shipping costs and the delivery date, as well as the main characteristics, quantity and price of the purchased Item (s).

When the ordered Item /s is / are sent to the delivery address indicated by the Customer, Lumiereve Srl will send an e-mail confirming the shipment and payment of the price as provided for in Article 5 below. The sales contract will therefore be considered definitively stipulated.

2.3 Order Evidence

We suggest the Customer to keep a copy (electronic or paper) of the information relating to the order.

Article 3 – Items Availability

Lumiereve Srl has the right to modify the Articles offered on the Website at any time and without notice. These changes will not affect orders already placed. Before placing an order, the information page of the Website containing the description of each Article will indicate:

– whether the Article is available or not; or

if the Article is temporarily unavailable, if it is possible to order it for future delivery within the foreseen time frame.

If the Customer, despite the efforts of Lumiereve Srl in this regard, orders Items that are no longer available, he will be informed by Lumiereve Srl as soon as possible by any means (telephone or e-mail). Exceptionally, if an ordered Item is out of stock, Lumiereve Srl will cancel the order and the Customer will not pay anything.

Article 4 – Unacceptable order

Purchases made on the Website are intended exclusively for the personal use of Customers (or for gifts) and not for resale. Lumiereve Srl may refuse any order (i) placed by a Customer with whom there is a dispute relating to the payment or delivery of a previous order, or (ii) that does not comply with these General Conditions of Sale.

If Lumiereve Srl deems that an order does not comply with these General Conditions of Sale, it will notify the Customer directly on the Website or via e-mail.

If the Customer fails to rectify any information that is incorrect or contrary to these General Conditions of Sale contained in the order within fourteen (14) calendar days after receiving such notification, Lumiereve Srl may cancel the order and the corresponding payment.

Article 5 – Item Prices – Invoicing

The prices are shown on the Website in euros (€) and include all taxes, with the exception of shipping costs which are shown separately before placing the order.

The invoicing prices are the prices in effect on the date of the order, provided that the Item (s) ordered is/are available at that time. Lumiereve Srl has the right to change the prices of the Items at any time and without notice; such changes will not apply to orders already placed by the Customer.
The Customer will receive written confirmation of the price paid for each Item and of the shipping costs no later than the time of delivery.

The order will be shipped only after the verification of the payment method, the receipt of authorization to charge the card or the confirmation from PayPal, as well as the verification of compliance of the order with these General Conditions of Sale and availability of the Article/s.

Article 6 – Terms of Payment

6.1 Payment by Credit Card or Debit Card

The customer can pay for their purchases by credit or debit card. Visa, MasterCard and Maestro cards are accepted.

The Customer’s transaction will be carried out in accordance with banking security standards. Authentication is specific to each bank. By providing the credit or debit card number and/or bank details to Lumiereve Srl on the Website, the Customer accepts without conditions and in advance that Lumiereve Srl can proceed with the transaction. The Customer also authorizes their bank to charge their account as soon as this has received the relevant documentation from Lumiereve Srl, even in the absence of the receipts signed by the cardholder.

The sales contract is finalized at the time of charging the Customer’s credit card if the charge occurs before the shipment of the Item/s, or if the Item/s has/have been expressly accepted in another way.

In case the payment method chosen is bank transfer, it should be noted that only payments sent no later than five (5) days from the order being placed will be accepted, and that after this deadline the order will be considered canceled.

6.2 Payment via PayPal

Lumiereve Srl accepts payment via PayPal.
In this case, the Customer will be automatically redirected to the Paypal platform.

The Customer must then login to his/her PayPal account using his/her login credentials and password. If the Customer does not have a PayPal account, he/she can create one at the moment. After validating the order with PayPal, the Customer will be redirected to the confirmation page of the Website.

6.3 Payment via Klarna

Lumiereve Srl accepts payments in partnership with Klarna. (The service is currently available only in: Italy, France, Spain, Netherlands, Portugal, Ireland, United Kingdom). At checkout, the customer can pay for their purchases by choosing “Pay in 3 installments with Klarna” from the payment options. He will be therefore able to split his payment into 3 equal monthly installments, without interests or additional commissions.The order will be shipped only after the verification of the payment method, receiving the authorization to charge the card or the confirmation from Klarna, as well as the verification of compliance of the order with these General Conditions of Sale and that the Article/s are available.

Important notes

Klarna is an independent payment service provider, therefore Lumiereve Srl cannot decide if the chosen payment method will be accepted by Klarna or not. In case of trouble with the service, it will be necessary to contact Klarna directly at klarna.com.

For further information, please refer to our “Pay in 3 installments with Klarna” page.

You must be of legal age to use Klarna’s payment options.

Article 7 – Delivery

After confirming the payment of the order, the Items will be delivered to the delivery address indicated by the Customer at the time of the order. The Customer must provide Lumiereve Srl with the correct delivery address.

The purchased item(s) will be delivered:

– on the date or within the term that Lumiereve Srl indicated to the Customer before confirming the order or, if no term has been indicated, no later than thirty (30) days from the date of the order, unless justified delay; or

– if the Article is temporarily unavailable, within the time period communicated and accepted by the Customer at the time the Article was added to the Cart on the Website, before accepting the order.

Depending on the option selected, Lumiereve Srl will ship the items ordered by ordinary mail or express courier. Customer will be informed of the delivery cost before the order is validated.

In case of delay in the delivery of the Items due to the occurrence of an event beyond the control of Lumiereve Srl, the Customer will be contacted as soon as possible and measures will be taken to mitigate the effects of the delay. Provided that Lumiereve Srl has done everything possible to reduce the delay, Lumiereve Srl will not be responsible for the delay caused by the aforementioned event. However, if there is a risk of significant delay and in accordance with the provisions of the Italian Consumer Code, the Customer may contact Lumiereve Srl to withdraw from the contract and obtain a refund for the Items he/she paid for and not yet received.

If the courier is unable to deliver the package (after 2 failed attempts) and this returns to the Lumiereve Srl warehouse with the indication “No longer resident at this address”, Lumiereve Srl will attempt to contact the Customer twice in the four (4) following weeks. If the Customer does not reply or does not contact Lumiereve Srl within the aforementioned four (4) weeks, Lumiereve Srl will refund the order and send to the Customer a confirmation e-mail to the address provided at the time of the order.

If the Customer does not reply or does not contact Lumiereve Srl within the aforementioned four (4) weeks, Lumiereve Srl will refund the order and send to the Customer a confirmation e-mail to the address provided at the time of the order.

Article 8 – Data Protection

For further information about how personal data collected through the Website is used, please consult our “Privacy Policy”.

Article 9 – Ownership

Lumiereve Srl will keep ownership of the Articles until (a) the Customer, or (b) the person designated by the Customer, does not physically take possession of them. The Customer will not be able to resell the delivered Items for which Lumiereve Srl has the ownership, unless the latter agrees to such resale in advance and through a written authorization.

Article 10 – Intellectual Property Rights

The Customer must not, directly or indirectly, reproduce, represent or adapt the Website, in its whole or in part, in any form.

The intellectual property rights relating to all Lumiereve Srl products or elements (including Lumiereve Srl Articles), such as trademarks, illustrations, photos, videos, images, designs and logos, registered or not, are and will remain of exclusive property of Lumiereve Srl.

Any total or partial reproduction, download, modification or use of the trademarks, illustrations, images, photos, logos or drawings of Lumiereve Srl, for any reason and through any medium, is strictly prohibited without the prior written approval of Lumiereve Srl.

Likewise, any use that does not comply with the license to use the Website and, in particular, the use of any component of the Website (articles, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use, is strictly prohibited without the express written approval of Lumiereve Srl.

Article 11 – Right of withdrawal

11.1 Right of withdrawal

According to articles 52nd and following of the Italian Consumer Code, as a consumer the Customer has the right to withdraw from the contract within fourteen (14) days without reason.

The withdrawal period ends after fourteen (14) days from the date on which the Customer or the designated third party (other than the courier) has acquired possession of the last Article ordered.
To exercise the right of withdrawal, the Customer must communicate the decision to cancel the purchase clearly indicating his intention. To observe the cancellation deadline, it is sufficient for the Customer to send the relevant communication before the deadline indicated above expires.

In accordance with Article 59th of the Italian Consumer Code, the right of withdrawal does not apply to purchases of goods that have been made to measure or that are clearly personalized, nor to sealed goods that the Customer has opened and which cannot be returned for sanitary or hygienic reasons.

11.2 Effects of withdrawal

In case of withdrawal, the goods must be returned to Lumiereve SRL, via Bruno Buozzi 34, CAP 70029, SANTERAMO IN COLLE (BA), Puglia, ITALY.

The goods must be returned intact, unused, in the original packaging, complete in all its parts (including any documentation and accessory equipment). Goods that have not been returned in perfect condition, as above mentioned, will not be replaced or refunded.

After verifying the goods compliance with the above, Lumiereve Srl will refund the value of the products subject to withdrawal within a maximum period of thirty (30) days from the date on which the Customer communicates his/her decision to withdraw from the contract.

Lumiereve Srl will refund the Customer through the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. In case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide Lumiereve Srl with the bank details: IBAN, SWIFT and BIC necessary for the refund by Lumiereve Srl.

Regardless of how the refund is made, the direct costs of returning the products are up to the CUSTOMER.

As established by art. 56th paragraph 3rd of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Lumiereve Srl may suspend the refund until receiving the goods or until the CUSTOMER proves that he has returned the goods to Lumiereve Srl.

Article 12 – Returns Policy

In addition to the right of withdrawal (Article 11), Lumiereve Srl grants the Customer fourteen (14) days to cancel the purchase and return the Items purchased on the Website.

However, it will not be possible to return:

– Personalized or made-to-measure items (article 59th of the Italian Consumer Code);

– Items that have been sealed for sanitary or hygienic reasons and that the Customer has opened after receiving them.

In any case, the Customer must return the Item or Items:

– within fourteen (14) days from the delivery;

– by filling out the online form for returns and exchanges;

– in their complete original packaging.

The direct costs of returning the products are charged to the CUSTOMER.

Items that are not returned or that are returned incomplete, damaged, without the label, and without including all related accessories (tags, tickets, complete and perfectly intact packaging), altered, dirty or in any other condition that can reasonably suggest that have been used or worn, will not be refunded or exchanged and will be returned to the Customer (where applicable). We therefore suggest the Customer to try Lumiereve Srl shoes on a carpet. We therefore suggest the Customer to try Lumiereve Srl shoes on a carpet.

If the Customer returns an Item (s) after the deadline of fourteen (14) days from the date of receipt or collection, Lumiereve Srl may refuse the return and resend the Article (s) to the Customer.

The Customer may return the Items within fourteen (14) days from the purchase by communicating to Lumiereve Srl the intention to return one or more Items filling in the online form of returns and exchanges. Lumiereve Srl will therefore proceed by sending to the Customer a return confirmation email.

The price paid for the returned Item (s) will be refunded through the same payment method used by the Customer to pay for the order, unless the Customer has expressly agreed otherwise, within a reasonable time and in any case no later than thirty (30) days from the receipt of the Article or Articles by Lumiereve Srl.

In case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide Lumiereve Srl with the bank details: IBAN, SWIFT and BIC necessary for the refund by Lumiereve Srl. Regardless of how the refund is made, the direct costs of returning the products are up to the CUSTOMER.

The goods must be returned to Lumiereve SRL, via Bruno Buozzi 34, CAP 70029, SANTERAMO IN COLLE (BA), Puglia, ITALY.

As required by art. 56th paragraph 3rd of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Lumiereve Srl may suspend the refund until the receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to Lumiereve Srl.

Article 13 – Exchanges

In addition to the right of withdrawal and return of the Articles (articles 11 and 12), the Customer has the right to change his mind and request the replacement of an Article within fourteen (14) days, in accordance with the terms provided for in articles 11 and 12 .
Within fourteen (14) days of receipt of an Item, the Customer may request a replacement. The Customer must return the Item or Items:

– within fourteen (14) days from the delivery;

– by filling out the online form for returns and exchanges;

– in their complete original packaging.

The direct costs of returning the products are up to the CUSTOMER.

The goods must be returned to Lumiereve SRL, via Bruno Buozzi 34, CAP 70029, SANTERAMO IN COLLE (BA), Puglia, ITALY.

Altered or damaged items and sealed items (such as swimwear) which have been opened by the Customer after delivery and which cannot be returned for health or hygiene reasons cannot be replaced.

Lumiereve Srl, in accordance with its replacement policy, may refuse to replace more than two (2) subsequent orders. The number of Items to be replaced must match the number of Items returned.

It is not allowed to make two substitutions for the same order. Replacements are subject to the availability of the Article or Articles on the Website. If an Article is not available, the return procedure must be followed as indicated in Article 12.

13.1 Replacement with Items Sold at a Lower Price

The Customer will receive a credit for the price difference.

The credit will be valid for one (1) year from the issue date and can only be used on the Lumiereve Srl webWebsite.

Replacement with Items Sold at a Higher Price

The Customer will have to pay the difference in accordance with the applicable General Conditions of Sale.

Article 14 – Information relating to Article – Limitation of Liability

Information relating to all items offered for distance selling is available on the Website and through Customer Service.

14.1The photos, graphics and descriptions of the Items offered for distance selling have to be taken for information only and are not binding for Lumiereve Srl. You can get more information by contacting our Customer Service. While every effort has been made to ensure that the color and pattern of items photographed on the Website accurately reflect the original Items, variations may occur, particularly due to technical limitations relating to the Customer’s computer’s ability to display colors. Lumiereve Srl cannot therefore be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Articles that appear on the Website.

14.2Lumiereve Srl will be responsible, within the limits established by law, only for those losses or damages suffered by the Customer that are the foreseeable result of the neglicence of Lumiereve Srl. Always within the limits established by the applicable law, under no circumstances Lumiereve Srl will be liable for unpredictable loss or damage. The foreseeable losses or damages are those that it seems obvious that they will occur or those that, at the time of stipulation of the contract, the Customer and Lumiereve Srl were aware of the fact that they could have occurred since, for example, they had been the subject of discussion between the Customer and Lumiereve Srl during the sales process.

14.3 Lumiereve Srl cannot be held liable by the Customer – except for the cases of willful misconduct or gross negligence – for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

14.4 Lumiereve Srl cannot be held liable for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other payment method used for the payment of the products, if it proves to have adopted all the possible precautions and followed the ordinary diligence required.

15. Termination of the contract

15.1 If one Party fails to comply with the other with regard to any of the obligations under this contract, the other Party may request its termination according to art. 1453 and following of the Italian Civil Code, without compromising in any case the right to being refunded for damage.

15.2 According to art. 1456 and following of the Italian Civil Code, the party intending to rescind the contract, will have to notify the counterparty by sending a certified e-mail (certified e-mail), indicating the reason. 1456 and following of the Italian Civil Code, the party intending to rescind the contract, will have to notify the counterparty by sending a certified e-mail (certified e-mail), indicating the reason.

Article 16 – Disputes – Applicable law

These General Conditions of Sale are subject to Italian law, unless otherwise required by Regulation (EC) no. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I). The aforementioned choice of law has no effect on the Customer’s right to the protection provided by the laws applicable in the country of residence regarding consumer protection.

The European Commission handles an online out-of-court dispute resolution platform (ODR platform), accessible at https://ec.europa.eu/consumers/odr.