Terms and conditions

Company details:

Lato S.r.l.
Fraz. Pantalla – Via Tiberina Sud, 191
06059 Todi (PG)
Italia
VAT NO: 03813560541
REA NO: PG-353764
Tel : +39.05.8880118
Email: info@latohome.com

The Customer, by signing the Order Proposal, declares that he/she has read and approved all the information and general terms and conditions stated in this section.

If the Customer has any questions regarding the above, he/she is invited to contact the customer service team by email at info@latohome.com, or by phone at (0039) 075-8880118, Monday through Friday, 8:30 am to 1:00 pm and 2:30 pm to 6:00 pm.

Lato S.r.l. reserves the right to modify latohome.com and to correct or update information, including product details, at any time and without notice.
This section specifies the terms and conditions of sale of products offered by Lato S.r.l.

All contracts of sale of Products between Lato S.r.l. and customers (Customers) are governed by these General Conditions, which form an integral part of every proposal, order and purchase order confirmation. The conditions of sale applicable to orders are those in force on the date of order confirmation.

1. Products: prices and characteristics

Unless otherwise indicated, the prices of Products published on Lato S.r.l.’s site are in Euros.

The prices of the Products published on the site by Lato S.r.l. cancel and replace the previous ones and are subject to the actual availability of the Products. Shipping costs are calculated during the quotation phase based on Customers’ requests.

Prices provided on quote request may be quoted with or without VAT, depending on the requested country of delivery, and may or may not include freight, taxes or duties, depending on the Customer’s requests. All details are specified in the quote itself. If the Customer has any questions about the quote received, he/she should contact the customer service team by email or by phone at (0039) 075-8880118, Monday through Friday, 8:30 am to 1:00 pm and 2:30 pm to 6:00 pm.

The technical and functional characteristics of the Products are those communicated by the respective manufacturers. Lato S.r.l. assumes no responsibility for the truthfulness and completeness of such information.

Product images are indicative and not binding. Lato S.r.l. assumes no responsibility for differences due to the graphic resolution of the Customer’s monitor, as the color displayed on a PC or tablet screen may differ slightly from that of the actual product.

Once the order has been confirmed, at the Customer’s request, we can send small samples of the chosen finishes. However, these samples may differ slightly from the items ordered, as the products are not mass-produced, but custom-made according to the specifications requested by the customer. Differences may result from different batches of materials (e.g., different color baths for fabrics or different batches for leathers), or of the characteristics of the raw material used (e.g., in the case of wood grain and marble). Lato S.r.l. assumes no responsibility for these possible differences, which may not be grounds for dispute.

The responsibility for the choice of the Products ordered and the conformity of the specifications indicated by each manufacturer with respect to its own requirements lies with the Customer.

2. Orders – invoicing

Each Order Proposal sent to the Customer by Lato Home represents a Contract Proposal. The submission to Lato Home of the signed Order Proposal by the Customer constitutes confirmation and acceptance of the order and conclusion of the contract as of the date of receipt of said signed Proposal.

Tax documentation relating to the Products ordered will be issued by Lato S.r.l. upon receipt of payment and shipment of the Products to the Customer. The Customer is required to provide all data necessary for invoicing and order processing.

3. Order execution and timing

Delivery timeframes are specified in the Order Proposal from time to time; on average, the timeframes characterizing an order, barring unforeseen events or delays, are as follows:

• 8-10 weeks for PRODUCTION of Products: from the time of order confirmation until the goods are available in our warehouse (excluding August and December);
• 1 week for QUALITY CHECK: at this stage we check the conformity and integrity of the goods, preparing the shipment to the address indicated;
• 1-2 weeks for DELIVERY in the countries of the European Union;
• 2-6 weeks for DELIVERY to countries outside the European Union.
  Any delays in production or caused by the transportation company are not the responsibility of Lato Home.

4. Acceptance of the order

The contract will be considered concluded only upon receipt by Lato Home of the Order Proposal signed by the Customer with its attachments.
The Customer will receive an order confirmation notification by email containing all details of the contract (Products ordered, prices, delivery/collection dates, shipping costs, etc.).

From the moment of receipt of the Order Proposal signed by the Customer with its attachments, the order shall be deemed irrevocable.
An order shall be confirmed by Lato Home only after receiving from the Customer the Order Proposal signed for acceptance on each page and a bank transfer of down payment equal to 70% of the total amount of the purchase; the Customer shall attach to the signed Order Proposal the documentary evidence of payment of the said down payment.

Lato Home reserves the right not to formulate an Order Proposal for reasons related to problems with the supply of the Products, or problems related to the Customer’s requests. In such a case, Lato Home will refund to the Customer only the amounts, if any, already paid as down payment, without any further obligations.

5. Delivery of the Products

The Products are delivered to the address provided by the Customer, or made available at the Lato Home warehouse if an ex-works purchase has been agreed upon.

Shipments will be made only after confirmation of payment, which will be made by bank transfer and we will wait for the credit to our bank account.
For international orders, unless otherwise specified, budgeted and confirmed, there is no installation or assembly of products. All international deliveries, as well as standard deliveries in Italy, take place exclusively at street level, and only in areas accessible to medium/large trucks (feasibility and costs for limited traffic zones and historical centers must be confirmed and budgeted); if the delivery address is not accessible according to these conditions, the Customer will have to bear any extra costs for stops or redeliveries by suitable means, unless otherwise agreed upon when drafting the order.

Transportation within the building, to upper or lower floors, removal of packaging, and assembly are not included. It is necessary for the Customer to provide assistance in unloading bulky items.

If the order includes multiple items, unless otherwise agreed and subject to different operational requirements of Lato Home, a single shipment will be made, which will occur after all items have arrived in the warehouse and quality control has been completed.

The costs of the aforementioned ancillary services must be agreed upon in advance between the parties and will be indicated in the Order Proposal to be signed for acceptance by the Customer.

6. Delivery Times

Deliveries shall be made in accordance with the times specified in 3. Execution of the order or as specified in the offer.

The times indicated are not binding, nor peremptory and the Customer may not in any case revoke the order, or claim compensation for any direct or indirect damages for delayed deliveries.

Lato S.r.l. reserves the right to divide the delivery of the Products into several successive shipments, if deemed necessary.

Delivery shall be considered made from the moment the Product is delivered to the Customer. The delivery document, dated and signed by the Customer upon receipt of the product, will constitute proof of transport and delivery.

We work only with leading freight forwarders, with branches all over the world, specializing in furniture transportation. All orders are covered by cargo insurance with a carrier policy for domestic shipments. For all shipments, both domestic and international, all-risk insurance can be requested to cover any damage during transport, thus ensuring maximum security for buyers. The amount is calculated according to the value of the goods.

7. Delivery to the floor and assembly

Delivery including assembly is available and to be arranged in writing at the customer’s request and with costs to be quantified. It provides for delivery by appointment, assembly and installation of the furniture in the chosen room, and removal/disposal of packaging. The costs of the above ancillary services must be agreed upon in advance between the parties and will be indicated in the Order Proposal to be signed for acceptance by the Customer.

8. Receipt of goods

Upon delivery, the Customer must check the content, conformity and condition of the Products received. Lato S.r.l. recommends checking the following before signing the acknowledgement of receipt:

• The number of packages delivered must correspond to the number indicated in the transport document attached to the shipment;
• The packaging must be intact, undamaged or otherwise altered, and verify the integrity of the contents.

If the Customer finds anomalies, he must refuse delivery of the Products or note in writing his reservations, detailed, dated and signed, to be forwarded immediately to Lato Home. If the courier’s document is signed without reservation, the Customer may not subsequently dispute the external characteristics of the delivered Products. Any problems with the physical integrity, correspondence or completeness of the Products received must be reported no later than 8 (eight) days after delivery, without prejudice to the application of the regulations on hidden defects and in the matter of Consumer Rights.

Any special delivery terms and conditions must be agreed in advance in writing between the Customer and Lato S.r.l. and accepted in writing by Lato S.r.l.

9. Acceptance of delivery and disputes

The Customer must accept delivery of the ordered Products to the address and in the manner specified by the carrier, as agreed (delivery and conditions) at the time of purchase. In case of failure to collect within the time limit set by the carrier, additional costs may be applied and, in extreme cases, the products will be returned to Lato S.r.l.

If the purchase is not made expressly under the Door To Door (DTD) formula, i.e., to the specific address indicated by the Customer, international deliveries do not include customs charges, taxes, duties or costs arising from quarantine or fumigation (e.g., for Australia), which must be paid by the customer prior to delivery. Failure to pay the aforementioned charges may result in delays (for which Lato S.r.l. assumes no responsibility) and, in some cases, the return of the goods to our warehouse resulting in additional charges to be borne by the Customer for transportation and/or storage costs.

In case of failure to collect the Products by the deadline, or in case of unjustified refusal of delivery by the carrier, Lato Home reserves the right to apply additional costs charged to the Customer to cover the costs of transport and / or storage.

After 30 (thirty) days have elapsed without the Customer arranging for the pick-up/delivery of the Products, the contract shall be considered terminated and the Products shall be definitively retained/returned to Lato Home, which shall also retain any sums already received by the Customer, without prejudice to the right to compensation for greater damages_.

If the Product received does not comply with what is stated in the order form, the Customer agrees to return it to Lato Home within 8 (eight) days of receipt, with the unopened, undamaged and unaltered, and otherwise resalable package, in its original condition and packaging with accompanying documents.

Only after receiving the Product in the manner indicated, Lato Home will send, at its own expense, the Product in accordance with the order.

10. Force majeure

In addition to normally recognized cases (but not limited to: natural disasters including floods, earthquakes, storms, hurricanes, fires, infestation or contamination; utility service shortages, interruptions or failures; events of an accidental nature such as, for example, the explosion or collapse of a building; war, acts of terrorism, riots, attacks, existing and/or threatened armed conflicts; governmental, legal, regulatory restrictions, including embargo; pandemics, epidemics, global health emergencies or health crises or any other cause, similar in nature to the above), the following events are also considered as force majeure:

• Total or partial strikes, internal or external to the company, blockage of means of transportation or supply for any reason, computer failures, telecommunications blockage and, in general, any cause beyond the reasonable control of the parties.

In case of force majeure, the execution of the order will be suspended as of right. If, after 3 (three) months have elapsed, the force majeure situation persists, the order will be automatically cancelled, unless the parties agree otherwise.

11. Product warranties – Technical assistance

Except for the legal warranties (2 years for the Consumer Customer and 1 year for the Business Customer) Lato Home does not provide any additional warranties beyond those provided by the individual manufacturers. Technical assistance and warranty work on the Products are carried out, where applicable, by the individual manufacturers, in accordance with the terms and conditions set out in the documentation accompanying the Products. In particular, Lato Home does not guarantee the compatibility of the Products with other Products or equipment used by the Customer, nor the suitability of the Products for the specific use intended by the Customer.
Without prejudice to cases of willful misconduct or gross negligence on the part of Lato S.r.l., it is agreed that if Lato S.r.l.’s liability to the Customer is established, including cases of total or partial non-fulfillment of obligations assumed as a result of an order, Lato S.r.l.’s liability shall not exceed the price of the Products purchased by the Customer and for which the dispute arose.

12. Right of Withdrawal

In accordance with Legislative Decree No. 206 of September 6, 2005 (“Consumer Code“), the Customer (if legally qualifying as a “consumer“) has the right to withdraw from the contract and return the Products ordered, without penalty and without having to specify the reason, within 14 (fourteen) days from receipt of the Products.

The withdrawal period ends 14 days after the day on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the Products.

To exercise the right of withdrawal, the Customer must inform Lato Home of its decision to withdraw from the contract through an explicit statement (registered letter with return receipt, or PEC in advance by email) to the following contacts:

• Mail: Lato Home – via Tiberina Sud n. 191 – 06059 fraz. Pantalla, Todi (Pg), ITALY
• PEC: latosrl@arubapec.it

To comply with the withdrawal period, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

In case of withdrawal from the contract, all payments made, including delivery costs, will be refunded to the Customer without undue delay and in any case within 14 (fourteen) days from the day Lato Home became aware of the decision to withdraw from the contract. Refunds will be made using the same payment method used for the initial transaction, unless otherwise specified by the Customer; in any case, no refund fees will be charged.

Refunds may be suspended until receipt of the Goods, or until the Customer provides proof of return of the Goods.

Goods to be returned must be shipped back or delivered to the following address:

Lato S.r.l. – Via Tiberina Sud, 191- 06059 Fraz. Pantalla, Todi (PG) – ITALY

without undue delay and in any case within 14 days from the day on which the Customer has notified us of his withdrawal from the contract. The deadline is met if the goods are returned before the expiration of the 14-day period. The direct costs of returning the goods will be borne by the Customer.

The Customer is only responsible for the decrease in the value of the Goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. The returned goods must be intact and in a condition suitable for resale.

The right of withdrawal referred to in Article 9.1 above may not be exercised by the Customer in the event that the purchased Products have been customized and manufactured according to specific requests of the Customer.

13. Payments

Payments of the agreed price shall be made in the following manner, unless otherwise specifically agreed with the Customer:
– payment of 70% of the price at the time of the forwarding of the order confirmation signed by the Customer, attaching documentary evidence of the payment;
– payment of the balance of the price at the time of notification of ready shipment by Lato Home.
The accepted methods of payment are:
– BANK TRANSFER

The Customer undertakes to pay the agreed price for the Product ordered (price of the Product and any ancillary costs for transportation, assembly, etc.) as well as to pay, or have paid, if necessary and unless otherwise agreed in writing, the VAT or other taxes, levies, duties related to the import of the Products in the country where delivery will take place.

In the event of Lato Home’s failure to receive the balance payment (when the goods are ready to be shipped) within 30 (thirty) days following the notice of ready shipment, or in the event of failure to pay the VAT and/or the aforementioned taxes, duties and duties, Lato Home reserves the right to terminate the contract and definitively retain the Products and the amount paid by the Customer, without prejudice to Lato Home’s right to compensation for greater damages.

14. Non-payment – Retention of title

The Products ordered remain the property of Lato Home until the punctual, final and full payment of their price (pursuant to Article 1523 of the Italian Civil Code).

Lato Home reserves the right to claim the Products ordered in the event of non-payment and, in such case, the Customer shall not be entitled to any refund of the payment made, without prejudice to Lato Home’s right to compensation for greater damages.

15. Claims

Complaints for non-conformity with the order of the delivered Product(s) must be received in writing directly to Lato Home, immediately, and in any case no later than 8 (eight) days from the receipt of the goods, subject to the regulations on hidden defects and in the matter of Consumer Rights.

We advise the Customer to keep the original packaging and the delivery document.

16. Personal information

Computer processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of the law in force from time to time.
The personal information requested from the Customer is indispensable for the processing and forwarding of orders, creation of invoices and any warranty contracts.
For this purpose, such information may be communicated to the contractual partners of Lato S.r.l..

The Customer may object to such communication and in accordance with the law avail himself of the right to access, modify, rectify and delete data concerning him by writing directly to Lato S.r.l. – Via Tiberina sud, 191 – 06059 Fraz. Pantalla, Todi (PG) – ITALY

To avoid any attempt at fraud, Lato S.r.l. may ask you for proof of your identity and/or domicile.

17. Non-waiver

Should Lato Home fail to assert any right or power conferred upon it under these Terms and Conditions, such conduct shall not be construed as a waiver of such right or power or as preventing the exercise or enforcement of the same or any other right or power at any time thereafter.

18. Entirety of the contract

These general conditions of sale constitute the entire obligations of the parties. No other general or particular conditions communicated by the Customer may be inserted into or waived by these general conditions unless expressly agreed to in writing by the parties.

19. Intellectual Property

Lato S.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements that are contained in the online catalog, consequently, the partial or total reproduction, on any type of medium, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.

20. Severability Clause

Should any provision in these General Terms and Conditions be found to be unenforceable or invalid by a Competent Authority, such unenforceability or invalidity shall not affect the other provisions, and the unenforceable or invalid provision shall be amended in such a manner as to avoid such unenforceability or invalidity, in order to preserve as much as possible the intent of the parties.

21. Jurisdiction

This contract is governed by Italian law; for anything not expressly established in this contract, reference is made to the provisions of the Civil Code.

In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law placed to protect consumers (as defined pursuant to Legislative Decree No. 206 of September 6, 2005), any dispute arising from and/or in any way connected with these General Conditions, including those relating to their validity, interpretation, execution and termination, shall be devolved to the exclusive jurisdiction of the Court of Spoleto, to the exclusion of any other forum.