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Terms of service

[updated on April 4th 2022]

Off Basic S.r.l., with registered office at via Lentasio, 9, 20122 Milan, Italy, Taxpayer Identification Code and VAT Number 11560290964 (hereinafter also simply referred to as “Off Basic” or the “Company”), is the owner of the website https://lndv.com (hereinafter simply referred to as the “Website”).

These general conditions of sale (hereinafter, simply referred to as the “Conditions of sale”) contain the terms and conditions that govern the purchase of products and goods through the Website by end users (hereinafter also referred to as “Customer/s”). The Conditions of sale are stipulated between Off Basic, and you as Customer.

These Conditions of sale govern and regulate the service provided by Off Basic to the Customer through the Website. The service is aimed at the on-line sale of men's underwear.

1. Acceptance of the General Terms and Conditions of Sale

1.1. The Conditions of sale govern the agreement stipulated between Off Basic and the Customer, and shall be intended to have been entered into between the parties upon Off Basic’s acceptance, including even in part, of an order submitted through the Website (as detailed hereinafter). By submitting an order through the Website, by any of the methods therein provided, the Customer declares to have read all the instructions contained in this document and/or provided throughout the purchasing procedure on the Website, and to accept in full all the Conditions of sale and the payment terms and conditions detailed below.

1.2. If the Customer were to object to even just one of the terms and conditions contained in these Conditions of sale, they are invited not to use the service offered through the Website.

1.3. If the Customer is a consumer (meaning a natural person who purchases merchandise for purposes not connected to their business activity, or makes a purchase without providing a VAT Number, as defined in Article 3, paragraph 1, letter a) of the Consumer Code, in the purchase form (hereinafter referred to as the “Consumer”), upon submitting their Order Confirmation (as defined below), Off Basic shall send them, via e-mail, jointly with their order confirmation, these Conditions of sale, which the Customer shall take care to print or save or otherwise retain, in accordance with the provisions established in the applicable Consumer Code with respect to distance selling.

1.4. The Customer shall not be entitled to any compensation for damages or indemnification, and any contractual or non-contractual liability for any damages, whether direct or indirect, to persons or property, caused by Off Basic's non-acceptance, including in part, of an order submitted through the Website, is excluded.

2. Method of Purchase

2.1. The Customer may only purchase the products that are present in the electronic catalogue in place at the time the order is submitted and as visible on-line on the Website, as described in detail in their relative information sheets. It is understood that the image accompanying each product description may not be a complete and exact representation of the characteristics of the product, as it may differ in terms of colour, size, and in terms of the products and accessories featured in the image. All the support documentation for purchase serves as generic information material only, and is not indicative of the real characteristics of a single product. The Customer may at any time contact the Company, by using the contact details provided in Article 12 below, to request additional information.

2.2. A confirmation that the order submitted through the Website was duly received by Off Basic is provided by the latter via e-mail, sent to the e-mail address indicated by the Customer in the purchasing phase (hereinafter, the “Order Confirmation”). The Order Confirmation shall report, in addition to these Conditions of sale as per Article 1.3 above, the date and time when the order was processed and an “Customer Number” which shall need to be used in all further communications with Off Basic. The message reports all the data entered by the Customer, who undertakes to check that they are correct, and promptly report any corrections that may be needed, in the manners detailed herein.

2.3. If the order is not accepted and/or cannot be fulfilled, Off Basic guarantees to promptly inform the Customer.

2.4. In order to complete an order on the Website, the Customer is required to pay for the product, by either i) Credit Card, and ii) PayPal, pursuant to Article 3 and 4 below.

3. Payment using a Credit Card

3.1. For product purchases using Credit Cards, the transaction is managed through the Shop Pay payment platform (hereinafter, the “Payment Platform”). Upon conclusion of the on-line transaction, the Payment Platform will immediately charge the amount for the relative purchase from the account linked to the Customer's Credit Card.

3.2. In case of order cancellation, either by the Customer or in the event that Off Basic were to decline the order, the charged amount will be re-credited, immediately upon cancellation, to the account linked to the Customer’s Credit Card. The waiting period for a reversal transaction depend, for certain types of cards, exclusively on the Payment Platform and/or the banking system used, and may be settled within the maximum time-limit set for such transaction. Once the transaction is voided, the Customer acknowledges and expressly accepts that under no circumstances whatsoever shall Off Basic be held liable for any damages, whether direct or indirect, caused by any delay in releasing the amount being transferred through the Payment Platform and/or banking system.

3.3. At no point during the purchasing procedure will Off Basic be able to know any of the information relative to the Customer’s Credit Card, which is transmitted through a secure connection directly to the Payment Platform which manages the transaction. For more details, please see the following link: https://shop.app/privacy. Off Basic shall not store such data on any computer database.

3.4. Under no circumstance shall Off Basic be held liable for any fraudulent or illegal use of credit cards by third parties upon the submission of payments for products through the Website.

4. Payment using PayPal

4.1. When making a purchase for a product through PayPal, the latter shall charge the sum relative to the purchase immediately upon conclusion of the on-line transaction.

4.2. If the order is cancelled, either by the Customer or in the event that Off Basic were to decline the order, the amount relative to the cancelled products will be re-credited, immediately upon cancellation, to the Customer's PayPal account. The waiting period for re-crediting the amount to the payment instrument selected in the Customer's PayPal account, depend exclusively on PayPal and the banking system used. Once the amount is re-credited to the Customer’s PayPal account, Off Basic shall under no circumstance be held liable for any damages, whether direct or indirect, caused by any delays in the actual re-credit of the relative sums attributable to PayPal or the banking system.

4.3. Off Basic reserves the right to ask the Customer to provide additional information (such as a land line phone number) as may be needed to confirm the identity of the PayPal account holder. Should the Customer fail to provide such additional information, Off Basic reserves the right to decline the order.

4.4. At no point during the purchasing procedure will Off Basic be able to know any of the information relative to the buyer's credit card or any of the other payment methods selected within PayPal. For more details, please see the following links: https://www.paypal.com/it/webapps/mpp/ua/privacy-full.

4.5. Under no circumstance shall Off Basic be held liable for any fraudulent or illegal use of credit cards by third parties upon the submission of payments for the products purchased.

5. Delivery Methods and Costs

5.1. Off Basic shall issue an invoice for every order, detailing the material being shipped, and shall send such invoice via e-mail to the person under whose name the order is submitted, as indicated by the Customer, in accordance with the applicable laws and regulations. For the issuing of said invoice, Off Basic shall use the information provided by the Customer when submitting the order. Invoices cannot be changed or amended after they have been issued.

5.2. Shipping and delivery costs shall be borne by the Customer and may include, where applicable, additional costs for certain types of cases (including, but not limited to, customs charges and/or import taxes). The Customer shall pay for the goods purchased by using the method selected when submitting the order. Without prejudice to the application of any additional costs as mentioned above in this Article (which may also be charged to the Client at the time of delivery of the goods), no further costs shall be charged to the Customer with respect to the total amount of the order, which shall therefore include all the relative shipment and delivery costs.

5.3. By way of derogation from the provisions set out in Article 5.2 above, for Customers who joined the Website loyalty scheme (“LNDV Club”) all shipment and delivery costs are borne by Off Basic.

5.4. Off Basic shall not be held liable for any delays in processing the order or in delivering the order. In any case, if the Customer is a Consumer, Off Basic undertakes to deliver the goods to the consumer without delay and no later than thirty days from the date of conclusion of the agreement, as established under Article 61, paragraph 1, of the Consumers’ Code.

5.5. Delivery of the goods is intended as delivery to street level, unless

  • Off Basic’s customer service communicates otherwise;
  • other terms are provided in the product’s technical specifications published on the Website.

5.6. At the time of delivery of the goods by the courier, the Customer has the duty to check

  • that the number of parcels to be delivered matches the number indicated in the transport document sent in advance via e-mail;
  • that packaging appears intact, and that it is not damaged, wet, or otherwise spoiled, including with respect to the materials used to seal parcels (adhesive tape or metal straps).

5.7. The Customer must immediately report any signs of damage to the parcel and/or product or in case the number of parcels or instructions do not match, by sending a communication to the Company with the subject line “DELIVERY UNDER RESERVE” (specifying the reason for such reserve, e.g., “torn packaging”, “smashed packaging”, etc.) on the courier's proof of delivery. Once the courier's document is signed, the Customer will no longer be able to raise any more objections with respect to the outer appearance of the delivered goods.

5.8. If the product is returned by the Customer, all the costs and applicable charges shall be borne exclusively by the Customer.

5.9. If the courier cannot deliver the goods to the address indicated by the Customer when making the order, and the goods are not collected within 3 (three) working days within the courier’s warehouse, said goods shall be sent back to the Company’s warehouse and all the costs for the storage thereof in the courier’s warehouse and the shipment of said goods back to the Company’s warehouse shall be borne by the Customer, without prejudice to the refund of the purchase price, where applicable.

5.10. Off Basic shall not be held liable for any delays in delivering the goods, attributable exclusively to the courier, and no liability whatsoever shall be asserted against Off Basic for any damages caused by the courier on account of a delayed or failed delivery, it being understood that the agreement between the parties is intended as concluded upon submission of the Order Confirmation. Nonetheless, Off Basic undertakes to receive any reports of failed or delayed delivery of products, and assist the Customer in protecting their rights as per the law.

6. Right of Withdrawal

6.1. Pursuant to the Consumers Code, if the Customer is a Consumer they shall have the right to withdraw from the purchase agreement and from these Conditions of sale on any grounds, without the obligation to provide any explanations and without being subject to any penalties, where the conditions detailed below apply.

6.2. The Customer shall have the right to withdraw from the agreement within 14 (fourteen) days. The period to exercise the right of withdrawal shall expire after 14 (fourteen) days of the date in which the Customer or a third party, other than the courier and appointed by the Customer, acquires physical possession of the products purchased.

6.3. To exercise their right of withdrawal, the Customer shall inform the Company, by using the contact details provided in Article 12 below, of their decision to withdraw from these Conditions of sale, providing an express statement to such end. For this purpose, the Customer may use a withdrawal form, which they can fill out by clicking: https://lndv.com/pages/terms-and-conditions

6.4. To comply with the time-limit for withdrawal, it is sufficient for the Customer to send their communication concerning the exercise of their right of withdrawal before the above-mentioned withdrawal period expires.

6.5. If the Customer withdraws from the agreement within the above-mentioned time-limit, Off Basic shall refund the Customer the price of the products they have purchased through the Website and object of the agreement from which the Customer wishes to withdraw, without delay and in any case no later than 14 (fourteen) days from the date in which Off Basic shall have received information of the Customer’s decision to withdraw from this agreement. Said refund shall be made through the same payment method used by the Customer for the original transaction, unless the Customer has expressly agreed otherwise; in any case, Off Basic guarantees that the Customer shall not pay any additional charges as a consequence of said refund.

6.6. The Customer acknowledges and expressly accepts that the Company shall have the right to suspend the above refund until receipt of the products, or until the Customer shall have demonstrated to have sent the goods back to the Company, whichever is earlier.

6.7. The Customer shall send the goods back or deliver the goods to Off Basic without undue delay and in any case no later than 14 (fourteen) days of the date in which the Customer has informed Off Basic of their intention to withdraw from this agreement, attaching the original copy of the relative delivery note.

6.8. The products shall be returned intact and with all their parts, and in their original packaging (envelopes and boxes) and preserved, with no signs of wear or dirt, in accordance with the conditions set out in points 8.7 and 8.8 below. As established under Article 57, paragraph 2, of the Consumers’ Code, the Customer shall be liable for the reduction in value of the goods when such reduction is caused by the handling thereof other than what is strictly necessary to establish the nature, characteristics, and working order of the goods.

6.9. The right of withdrawal is at any rate subject to the following conditions:

  • the right applies to a product purchased through the Website as a whole and it cannot be exercised only to a part of the product purchased;
  • pursuant to the law, all shipment costs for returning the goods are borne by the Customer;
  • shipment shall be under the sole responsibility of the Customer until proof of delivery to the Company's warehouse.
  • in case of damage to the products during transport, Off Basic shall inform the Customer (within 5 working days of the date of receipt of the damage goods at the Company’s warehouse), to allow the Customer to promptly make a complaint against the courier selected by the Customer, and obtain from the courier a refund for the value of the goods (when insured); in this case, the products shall be made available to the Customer for their return, and at the same time the Customer’s request to withdraw from the agreement is cancelled.
  • the Company shall not be liable in any manner whatsoever for any damages or for the theft/loss of the goods being returned using uninsured methods.

6.10. Without prejudice to the provisions of this agreement and to Article 57, paragraph 2, of the Consumers’ Code, Off Basic shall refund the Customer the full sum paid by the Customer, through a payment reversal for the amount charged to the Credit Card or PayPal account.

7. Exceptions to the right of withdrawal

7.1. Pursuant to Article 59 of the Consumers’ Code, the right of withdrawal as per Articles from 52 to 58 of the Consumers’ Code, distance contracts and contracts negotiated outside trade venues is excluded for

  • the supply of goods made to the consumer’s specifications or clearly personalised;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (which may include, by way of example and not limitation, undergarments, products brought into contact with house pets);
  • the supply of digital content which is not supplied on a tangible medium where the performance has begun with the consumer's prior express consent, and with the consumer’s acknowledgement that they will lose their right of withdrawal when giving their consent.

8. Warranties

8.1. All the products sold by Off Base through the Website are covered, where applicable, by the manufacturer’s standard warranty and the 24-month guarantee for non-conformity, pursuant to the Consumers’ Code. To use the Company’s assistance under warranty, the Customer must keep the invoice and/or receipt sent via e-mail in electronic (PDF) format/in the parcel.

8.2. The manufacturer's standard warranty, where applicable, is supplied in the manners detailed in the documentation found inside the product’s box. If the fault should be found to fall outside the scope of the manufacturer's standard warranty, the Customer shall be charged for all check and repair costs and for all transport costs, where incurred by Off Basic.

8.3. The 24 (twenty-four) month warranty is subject to Articles from 128 to 132 of the Consumers’ Code. Said warranty applies to products that are not-conforming to the agreement, meaning manufacturing faults or original design fault, as long as said products are used properly, in accordance with their intended use, and in compliance with the instructions contained in the technical documentation accompanying the products, where any. By way of example and not limitation, a conformity warranty does not apply when the product has been altered;, when faults are due to normal wear and tear, when the product is used inappropriately, when the rules for product maintenance are not followed, and when a damage is caused by the transport or storage of the product.

8.4. Said warranty is for consumers only. In case of non-conformity, Off Basic shall, at no cost for the Customer, bring the product to compliance by repairing/replacing the product or by applying a discount, until termination of the agreement. If, following Off Basic's work on the product, the fault should be found to fall outside the scope of non-conformity under the Consumer's Code, the Customer shall be charged for all check and repair costs and for all transport costs, where incurred by Off Basic.

8.5. If, for any reason whatsoever, Off Basic were to be unable to supply its Customer a product under warranty (repaired or replaced), Off Basic may, at its sole discretion, refund the amount paid by the Customer, taking into account the use of said product or its replacement with a product with equivalent or superior characteristics.

8.6. The time required for repairing or replacing the product where applicable depend exclusively on the manufacturer's policies and no damages may be claimed against Off Basic for any delays in such repairs or replacements.

8.7. Where the application of a warranty requires a product to be returned to the Customer, said product shall be returned in its original packaging with all of its parts (including box, documentation, and accessories); to limit any damages to the original box, it is recommended to place it inside a bigger box; no labels or adhesive tapes should be placed on the product’s original box.

8.8. Customers shall be given a product return authorisation number (ARP number), which must be indicated on the outer packaging, following the indications provided in the relative authorisation e-mail.

9. Intellectual and Industrial Property Rights

9.1. Off Basic informs that the Website, as well as all the trademarks and distinctive marks used by Off Basic in connection to the sale of the products are protected under all the applicable intellectual and industrial property rights, and that any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose whatsoever, of the contents of the Website, the trademarks, and the distinctive marks used by Off Basic (including, but not limited to, the works, images, photographs, drawings, dialogues, presentations, music and sounds, videos, colours, functionalities, and design of the Website) are strictly prohibited.

9.2. Off Basic declines all responsibility in connection to the trademarks and other distinctive marks that appear on the products it markets on its Website, with respect of which the Customer acquires no rights as a result of the conclusion of the agreement.

10. Processing of Personal Data

10.1. The personal data required in the order submission phase are collected and processed for the purpose of meeting the requests expressed by the Customer, and shall under no circumstance and for no reason be transferred to third parties. Off Basic guarantees to its customers that it shall comply with the applicable personal data protection regulations, as per Regulation EU 2016/679 and Legislative Decree No. 196 of 30 June 2003, as amended by Legislative Decree No. 101 of 10 August 2018.

10.2. The Data Controller is: Off Basic S.r.l., with registered office in Milan (MI), Italy, at via Lentasio 9, 20122, Taxpayer Identification Code and VAT Number 11560290964. For more information on the processing of personal data, please see the full text of the privacy policy at https://lndv.com/pages/privacy-policy

11. Hold Harmless Clause

11.1. Without prejudice to the provisions of these Conditions of sale, the Customer agrees to indemnify and hold Off Basic, its subsidiaries and affiliates, and their respective representatives, partners, and employees, harmless from any damage, liability, action or claim for compensation - including all reasonable legal expenses - raised or brought by third parties, in consequence of the Customer's improper use of the Website any use of the Website in breach of these Conditions of sale.

12. Information and Complaints

12.1. For any complaints and other communications concerning these Conditions of sale, the following contact details should be used:

  • e-mail: customercare@lndv.com;
  • via ordinary mail: Via Lentasio 9 – 20122 Milano, Italia.

13. Alternative Dispute Resolution (On-line Dispute Resolution)

13.1. In the event of disputes between the Customer and Off Basic, the Customer may attempt to settle said dispute out-of-court by using the European on-line dispute resolution platform. The ODR platform is available at http://ec.europa.eu/consumers/odr/ and is a first step for users who wish to seek out-of-court resolution to their disputes arising out of on-line sale contracts. For more information, please contact Off Basic to the contact details listed in Article 12 above.

14. Applicable Law

14.1. The agreement and the Conditions of sale between the Customer and Off Base are intended to be concluded in Italy and to be governed under Italian law. To resolve any dispute arising out of the conclusion of this distance sale agreement, where the Customer is a Consumer, territorial jurisdiction shall lie with the courts whose jurisdiction covers the Customer’s place of residence; in all other cases, territorial jurisdiction shall lie exclusively with the Court of Milan, with the exclusion of all competing or alternative jurisdictions.

15. Changes

15.1. Off Basic reserves the right to update or change these Conditions of sale at any time, where such updates or changes become necessary in order to bring the Website to compliance with provisions of law or regulation that come into force after the date of sale, and to implement security measures that become necessary to optimise or improve the characteristics of the Website. Off Basic shall communicate such changes on the Website.

15.2. The Customer therefore acknowledges and accepts that it shall be their duty to check the Conditions of sale before making any purchases on the Website, so as to make sure they understand and accept all the conditions that apply to the purchases they wish to make.

 

 

WITHDRAWAL FORM

- pursuant to Article 49, paragraph 1, letter h) of the Italian Legislative Decree no. 206/05 (“Consumer Code”) -

(complete and return this form only if you intend to withdraw from the contract)


For the attention of Off Basic S.r.l. (hereinafter "Off Basic"), with registered office in via Lentasio, 9, 20122 Milan, Italy, and with e-mail address customercare@lndv.com.

I/We hereby give notice of withdrawal from my/our sales contract of the following products/services ___________________________________, ordered on ___/____/_____.

Name and surname of consumer(s): _______________________________
Address of consumer(s) _____________________________________
E-mail with which the purchase was made: _______________________________
Contact telephone number: ____________________________________
Date: _________________

Comments (optional):





This is a withdrawal request form. Once it has been completed and submitted, the Customer Service will proceed to verify the information you have provided and will subsequently accept your withdrawal if all the conditions set out in the website's terms and conditions of sale are met. Off Basic will contact you for the appropriate handling.

Pursuant to EU Reg. 2016/679 (GDPR), we inform you that the personal data you provide will be acquired and processed by Off Basic, with registered office in via Lentasio, 9, 20122 Milan, Italy as Data Controller for the sole purpose of being able to manage your request for withdrawal from the contract notified through this form. We also remind you that, at any time, you may exercise the rights granted to you by Articles 15 et seq. of the GDPR, which consist, inter alia, in the possibility of requesting the amendment, updating and deletion of the personal data you have entered at the time of registration, by contacting us at privacy@offbasic.com. For more information on the processing of personal data processed by Off Basic, you can consult the extended privacy policy published at https://lndv.com/pages/privacy-policy.