Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE

SCOPE OF APPLICATION

  1. These general terms and conditions of online sale (“General Terms and Conditions”) apply to all sales contracts entered into between “EUROSTEP COMMERCE SRL” (registered office in Via Feltrina Sud 192, Montebelluna (TV), 31044, Tax Code and VAT no. 04887580266 (hereinafter “EUROSTEP” or the “Seller”), which markets on behalf of “LOTTO SPA” (registered office in VIA SAN GAETANO, 200, 31044 MONTEBELLUNA (TV), Tax Code 03282540263 and VAT no. 03282540263 (hereinafter “LOTTO” or the “Manufacturer/Supplier”), the “LOTTO” branded products offered for sale in the online shop on the website “https://lotto.it” (the “Website”), and the customer, understood pursuant to Article 3 of Legislative Decree no. 206/2005 (“Consumer Code”), as a consumer, i.e., a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity he/she may carry out (the “Customer”), on the basis of orders submitted electronically through the Website. EUROSTEP therefore reserves the right not to process orders placed by subjects other than the Customer.

  2. By accepting these General Terms and Conditions at the time of purchasing a product on the Website, the Customer declares that he/she has carefully read their content and undertakes to comply with what is set forth herein. The Customer will not be able to purchase products through the Website if these General Terms and Conditions are not accepted.

  3. These General Terms and Conditions apply regardless of the Customer’s nationality, provided that the delivery of the products takes place in one of the Countries where the online sales service is active; such Countries are listed on the Website home page under the section “Ship to: Select your Country”.

AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

EUROSTEP reserves the right to make changes from time to time to these General Terms and Conditions where such changes are necessary to ensure compliance with newly applicable legal provisions, for technical reasons, to adapt them to the sales models adopted by EUROSTEP, or to better protect the rights of the parties. The most recent version of the General Terms and Conditions is published from time to time on the Website. In any event, each purchase is governed by the version of the General Terms and Conditions in force at the time the relevant order is submitted.

CREATION OF AN ACCOUNT

  1. In order to purchase the products available on the Website, the Customer must (i) access the Website using the authentication credentials already obtained following the creation of an account in his/her name on the Website, or (ii) create a new account on the Website, or (iii) proceed with the purchase as a “guest” user, without any registration.

  2. To create a new account on the Website, the Customer must (i) correctly fill in the fields of the registration form, entering all the data requested therein (by way of example and not limitation: first name, last name, email address, username and password), (ii) confirm that he/she has read the privacy notice available on the Website and provide any further consents, and (iii) confirm the registration.

  3. When creating an account on the Website, the Customer must choose a username and password, complying with the password creation criteria indicated from time to time on the Website. The Customer acknowledges and accepts that the access credentials for the Website are personal and must not be disclosed or transferred to third parties. The Customer undertakes to keep his/her password confidential and to promptly notify EUROSTEP in the event of unauthorized use of the account or loss or theft of the access credentials by sending a written communication to Customer Service at the addresses referred to in Article 17, including a detailed explanation of the incident and a copy of his/her identity document. Upon receipt of such communication from the Customer, Customer Service will block the Customer’s access credentials and will provide new access credentials. EUROSTEP shall not be liable for any loss or damage arising from the Customer’s failure to keep his/her password secure or failure to notify Customer Service of unauthorized use, loss or theft of the password. The Customer assumes all responsibility vis-à-vis EUROSTEP for any loss and/or damage arising from any unauthorized use of his/her account.

  4. Registration on the Website is free of charge, provided that (i) the cost of the Internet connection used to access the Website is borne by the Customer, according to the rates, terms and conditions applied by his/her operator; and (ii) the purchase of a product on the Website entails the Customer’s obligation to pay EUROSTEP the amounts due for such product.

  5. Following registration on the Website, the Customer will receive an email message at the address indicated during registration.

  6. The Customer may delete his/her account at any time by sending an email to the address indicated in the following paragraph CUSTOMER SERVICE. Upon receipt of such communication, any contractual relationship between the Customer and EUROSTEP — without prejudice to purchase orders already submitted prior to the deletion request — shall be deemed terminated, and the Customer’s username and password will be deleted.

GUEST CHECKOUT
The Customer may also purchase through the Website as a guest, without creating an account on the Website. In such case, the Customer must (i) correctly fill in the fields of the relevant form available on the Website, entering all the requested data therein (by way of example and not limitation: first name, last name, billing and delivery address, email address); (ii) confirm that he/she has read the privacy notice available on the Website; and (iii) accept these General Terms and Conditions.
After completing the form, the Customer may select a payment method among those indicated in the following paragraph PAYMENTS; INVOICING; REFUNDS and submit his/her purchase order electronically to EUROSTEP.

CONCLUSION OF THE PURCHASE CONTRACT

  1. The Customer must select the products and add them to the cart, without prejudice to the possibility to modify or delete the contents of the cart at any time before submitting the purchase order.

  2. The submission of a purchase order by the Customer constitutes acceptance of the public offer presented by EUROSTEP through the Website; therefore, receipt of the order by the Seller perfects a binding sales contract with respect to the products selected by the Customer, which shall be entirely governed by the General Terms and Conditions in force at the time of its conclusion (the “Contract”).

  3. Before confirming the purchase order, the Customer is required to check the order summary to verify that all the data provided are correct. Any data entry errors may be corrected using the relevant data editing functions available on the Website. Once the order has been submitted, it will no longer be possible to make corrections.

  4. Once the purchase order has been submitted, EUROSTEP sends the Customer an email confirming receipt of the order, containing the order number and the details of the order placed (“Order Receipt Confirmation”).

  5. The Customer must keep the order number contained in the Order Receipt Confirmation for any further communication.

PRODUCT SELECTION AND AVAILABILITY

  1. The Customer may purchase only the products available in the catalogue published on the Website and available at the time the Customer submits the purchase order. The product catalogue may be updated periodically; therefore, EUROSTEP does not provide any guarantee regarding the continued availability of a product among those offered, nor regarding the availability of all sizes/versions of each product/colour in the catalogue.

  2. Each product is accompanied by a product sheet describing its main features. Images and colours of the products shown in the product sheets may not faithfully correspond to the actual ones due to the settings of the computer systems or devices used by the Customer to view the Website. Therefore, the published images are indicative within the limits of normal tolerance.

  3. The products on the Website are available while supplies last. However, since the Website may be visited by multiple Customers at the same time, it may happen that more Customers intend to purchase or purchase at the same time the same product. If, although selectable, the chosen product is not available for the above reasons or in other cases of subsequent unavailability, Customer Service will promptly notify the Customer by email and EUROSTEP will refund any amounts already paid by the Customer.

PRODUCT PRICES

  1. The sales prices indicated on the Website include VAT, where applicable depending on the Country of shipment of the products.

  2. The sales prices applicable to the Customer are those published online at the time the purchase order is submitted. Such prices may be subject to change without prior notice. It is the Customer’s responsibility to verify the final price before submitting the purchase order.

  3. EUROSTEP reserves the right to apply different shipping costs depending on the Country of destination of the products.

  4. All product prices on the Website are net of shipping costs, which — if due — will be communicated during the purchase procedure before the relevant order is submitted.

PAYMENTS; INVOICING; REFUNDS

  1. The payment methods available to the Customer are listed below:
    a) Credit card (Visa, Mastercard, American Express, Maestro);
    b) Paypal;
    c) Klarna;

  2. The payment system accepts only cards from the Visa, Mastercard, American Express and Maestro networks (Visa Electron cards not enabled for online payments are excluded).

  3. In case of payment via PayPal, the Customer will be redirected to a page on the PayPal website where, after entering email address and password, payment will be processed. Payment can be made only through a verified Paypal account; for this purpose, the Customer may connect to the PayPal website.

  4. Credit card data are handled directly by banks (Payment Service Providers) specialized in online payment management; PayPal data are handled directly by PayPal. Information is encrypted using state-of-the-art encryption systems that prevent its use by third parties and is not shared with EUROSTEP, but is sent directly to the bank or to PayPal.

  5. In the case of purchases made using Credit Card or PayPal, the transaction will be authorized at the time of the purchase order. EUROSTEP will not accept the purchase order in case payment authorization is not granted by the relevant provider.

  6. In order to use KLARNA payment methods, during checkout the Customer’s personal data are transmitted as contact and order details to KLARNA, so that KLARNA can assess whether the Customer is eligible for their payment methods and tailor such payment methods to the Customer’s needs. The Customer’s personal data are processed directly by KLARNA in accordance with their respective privacy policies.

  7. EUROSTEP reserves the right to request additional information from the Customer (e.g., telephone number) or the sending of copies of documents proving ownership of the Credit Card used, solely for checks necessary for credit card payments and for the further protection and safeguarding of the Customer. In the absence of the requested documentation, EUROSTEP reserves the right not to accept the purchase order. In case of order cancellation, EUROSTEP will refund the Customer, as soon as possible, any amounts already paid. Refunds of amounts paid by the Customer to EUROSTEP will be made using the same payment method used by the Customer to make the purchase. Refunds will be processed within the timeframes and methods provided by the manager of such payment instrument. If there is no correspondence between the recipient of the order indicated in the order proposal and the person who made the payment of the amounts due for the purchase, the refund of the amounts, in case of order cancellation or exercise of the right of withdrawal, will in any case be made to the person who made the payment.

  8. It should be noted that for online sales, pursuant to art. 22 of Presidential Decree of 26/10/1972 no. 633 and art. 2, letter oo) of Presidential Decree 21 December 1996, no. 696 (as confirmed by Resolution no. 274/E of 5 November 2009), the Seller is not required to issue an invoice (nor a receipt or fiscal slip) to the consumer purchaser (i.e., a person who does not have a VAT number). However, the Customer may request EUROSTEP to issue a tax invoice, if desired, during the purchase procedure. In such case, EUROSTEP will send the requested invoice to the email address indicated during registration or in the order form. For invoicing purposes, the information provided by the Customer at the time of the order shall prevail. Once the invoice has been issued, it will no longer be possible to change the indicated data; therefore, the Customer is invited to carefully check the data entered before submitting the order. If the invoice is not requested during the purchase procedure, it cannot under any circumstances be requested and issued subsequently. If the Customer does not request the issuance of an invoice, EUROSTEP will nevertheless send — to the email address or the residence address indicated during registration or in the order form — a purchase receipt without fiscal validity, useful only for assistance or warranty purposes.

SHIPPING AND DELIVERY OF PRODUCTS

  1. Products purchased on the Website are delivered to the shipping address indicated by the Customer during registration on the Website or during the purchase of the product. Product delivery is carried out by contracted couriers to the shipping address indicated by the Customer in the order form.

  2. At the time the products are handed over to the courier, the Customer receives a confirmation email with the tracking code, allowing the Customer to constantly monitor the shipment (“Shipping Confirmation”). The shipping date of the products coincides with the date on which the products are entrusted to the courier in charge of delivery.

  3. Delivery times and costs vary depending on the destination Countries. In any case, delivery times are indicative and not binding for EUROSTEP, without prejudice to the provisions of art. 10. Shipping costs are borne by the Customer and will be communicated during the purchase procedure before the order is submitted, without prejudice to the following. EUROSTEP reserves the right to change the charging of shipping costs as regulated above, for example by providing free shipping only for purchases above a certain spending threshold and/or only for certain shipping Countries and/or only for certain days/periods of the year, highlighting this on the Website and communicating it to the Customer during the purchase procedure before the order is submitted. For all shipments to non-EU Countries, the DDU (Delivery Duty Unpaid) formula is used, whereby the Customer undertakes to pay, in addition to the total order amount, customs duties and any local taxes to the courier or the competent authorities, in accordance with the legal provisions of the Country in which the products will be delivered. Therefore, in such cases: (i) the Customer is advised to inform him/herself about duties and local taxes before submitting the order, with the competent authorities of the non-EU destination Country; and (ii) it is the Customer’s responsibility, in order to ensure that the parcel is cleared through customs, to provide all necessary information and/or pay the relevant taxes. If the parcel is not cleared through customs, it will be returned to our warehouse.

  4. Upon delivery of the product(s), the Customer must check that: (i) the number of parcels corresponds to that shown in the transport documents; and (ii) the packaging is intact and shows no signs of damage, tampering or alteration. If this check is not successful, the Customer must immediately raise any objections with the courier, refusing the product or accepting it with a written reservation on the transport document. Failing that, once the courier’s document has been signed, the Customer may not raise any objection as to the external characteristics of the delivered goods. In addition, the Customer must inform EUROSTEP of the event by contacting Customer Service referred to in art. 17, within and no later than 8 (eight) days from the delivery date of the product, to report any issues related to the physical integrity, correspondence or completeness of the received products. In any case, the Customer’s right to the legal warranty of conformity referred to in the following Article 13 and the right of withdrawal referred to in the following Article 14 remain unaffected.

LATE DELIVERY

  1. Where the Contract has been concluded and delivery of the products ordered by the Customer has not taken place within the communicated timeframe, the delivery terms shall be deemed extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.

  2. In accordance with Article 61 of the Consumer Code, where EUROSTEP does not deliver the products within the term referred to in Article 10.1, the Customer may:
    a) withdraw from the Contract in accordance with Article 14.2 and obtain a refund as provided in Article 14.4;
    b) or request EUROSTEP to deliver within an additional period appropriate to the circumstances. If the additional period expires without the products having been delivered, the Customer is entitled to terminate the Contract, without prejudice to the right to a refund of all amounts paid for the performance of the Contract and to any compensation for damages.

COLLECTION OF PRODUCTS

  1. In the event of non-delivery of the products due to the Customer’s absence or for other reasons (incorrect address, address not found, etc.), a further delivery attempt will be made, or the courier will store the products in its warehouse until the Customer collects them. If the products are not collected within the time limits set by the courier, they will be returned to EUROSTEP. In such case, the Contract shall be terminated by operation of law pursuant to Article 1456 of the Italian Civil Code, by sending written notice to the Customer by email, and the relevant purchase order will be cancelled. Within the following 15 (fifteen) days, EUROSTEP will refund the price paid by the Customer for the products, net of failed delivery shipping costs, the cost of returning the products and any other costs incurred due to non-delivery of the products caused by the Customer’s absence or inertia in fulfilling the obligation to accept delivery.

  2. After such communication, the Customer who wishes to request delivery of the previously ordered products must necessarily place a new purchase order.

CUSTOMER’S DECLARATIONS AND WARRANTIES

  1. The Customer declares and warrants: that he/she can lawfully accept these General Terms and Conditions; that he/she is of legal age; that the personal data and other information communicated to EUROSTEP during registration on the Website or purchase of a product are true, correct and up to date; that he/she will use the Website in compliance with any applicable law or regulation, refraining from any direct and/or indirect use of the Website that is contrary to the law, these General Terms and Conditions, or harmful to third-party rights. EUROSTEP reserves the right to verify at any time and by any means available the information provided, also by requesting appropriate supporting documentation from the Customer and, in the event of breach, to close or suspend the Customer’s account.

  2. The Customer undertakes to hold EUROSTEP harmless and indemnified against any liability, action, cost, expense and claim that may arise from the Customer’s breach of the declarations and warranties referred to in Article 12.1, without prejudice in any case to EUROSTEP’s right to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code.

LEGAL WARRANTY OF CONFORMITY

  1. The products sold to the Customer through the Website are covered by the legal warranty of conformity provided by the Manufacturer/Supplier, as set out in Articles 128 et seq. of the Consumer Code (“Legal Warranty”). To benefit from the warranty, the Customer must keep and produce the invoice (or purchase receipt or delivery note) received upon delivery.

  2. Without prejudice to the provisions of the previous Article 13.2, the Customer acknowledges and accepts that the Legal Warranty does not cover any defects or damage arising after delivery of the goods, such as, by way of example, those caused by improper use by the Customer or third parties.

RIGHT OF WITHDRAWAL

  1. Pursuant to Articles 52 et seq. of the Consumer Code, as amended, the Customer has the right to withdraw from the contract, without having to provide any reason, within 14 (fourteen) days from delivery of the products, or from the day on which the Customer or a third party designated by him/her acquires physical possession of the products. If the Customer has purchased several products with a single order that were delivered on different dates, the withdrawal period expires 14 (fourteen) days after the delivery date of the last product. Withdrawal is not permitted for product categories for which it is expressly excluded pursuant to Article 59 of the Consumer Code, as amended (for example, goods made to measure or clearly personalized).

  2. In order to exercise the right of withdrawal, the Customer, in accordance with Article 54 of the Consumer Code, may, at his/her discretion, use one of the following methods:
    return request online from the dedicated section, logging in with the user account or with the email used for the order (recommended method)
    send to the Seller at the following contact: lotto.support@ecommerceonline.it an explicit statement of intent to withdraw from the contract;
    follow the instructions provided by Customer Service for returning the product

  3. Upon receipt of the withdrawal request, Customer Service will approve the request and will promptly send the Customer by email an acknowledgement of receipt, as well as the return form to be included in the parcel and the instructions to proceed with returning the product.

  4. In case of withdrawal, the Customer will be refunded all amounts paid to EUROSTEP at the time of purchase, excluding delivery costs where this is a commercial return. Only for returns from non-EU Countries, customs duties and local taxes borne by the Customer will be deducted from the refund amount, as specified below. The refund will be made without undue delay and in any case no later than 14 (fourteen) days from the day on which EUROSTEP was informed of the Customer’s decision to withdraw from the Contract. Refund times following withdrawal may be longer where any duties and local taxes borne by the Customer must be deducted from the refund, as specified below. Refunds will be made using the same payment method used by the Customer for the initial transaction. The cost of returning the product is borne by the Customer and can be consulted on the Website on the dedicated page. Only in the case of a return due to a defect and with Customer Service approval by email, following the submission of photographic evidence, the return shall be considered borne by EUROSTEP, without prejudice to any customs duties and local taxes for returns from non-EU Countries which are borne by the Customer and, for the Customer’s convenience, will be deducted from the refund amount resulting from the return.

  5. The Customer must return or deliver the products to EUROSTEP without undue delay and, in any case, must ship them within 10 (ten) days from the day on which he/she received the instructions after notifying EUROSTEP of his/her intention to withdraw from the Contract. The term is deemed met if the Customer ships the products before the expiry of the 10 (ten) day period to the following address: via Montebelluna 5/7 31040 Trevignano (TV). In such case, EUROSTEP may withhold the refund due following the exercise of the right of withdrawal until receipt of the products or until the Customer has provided evidence of having shipped the products, whichever occurs first.

  6. The Customer must return the products in an intact state of preservation, not damaged, with original labels not removed and in the original packaging. In particular, returned products must not have been worn, used, washed or altered in any way. Returns of incomplete, damaged, used or altered products cannot be accepted. Product packaging must be accurate in order to protect the original wrapping from damage, markings or labels. In the case of returns of products relating to orders that also include free gifts, the gifted products must also be returned.

  7. In the event the right of withdrawal lapses due to expiry of the deadlines or if the return cannot be accepted because it does not comply with the conditions set out in Article 14.6, EUROSTEP will notify the Customer accordingly; the product, if already shipped back, will remain available to the Customer at via Montebelluna 5/7 31040 Trevignano (TV), so that the Customer may arrange collection at his/her own care and expense.

INTELLECTUAL PROPERTY

  1. LOTTO guarantees the authenticity and high quality of all products offered for sale through the Website. All intellectual property rights (by way of example, the “LOTTO” trademarks, both word and figurative marks) existing on or relating to the products and their accessories and packaging are and shall remain the exclusive property of LOTTO.

  2. The Customer shall not acquire any right to LOTTO’s intellectual property rights by virtue of and as a result of the Contract and/or these General Terms and Conditions. Any total or partial reproduction, modification, alteration and any other use of LOTTO’s intellectual property rights without LOTTO’s prior written consent is strictly prohibited.

CUSTOMER SERVICE

  1. Customer Service, which the Customer may contact for any information, to request assistance or to submit complaints, can be reached at the following contacts:

    • e-mail: support@lotto-support.zendesk.com

    • tel: +39 0423 076 017

FORCE MAJEURE

  1. EUROSTEP shall not be liable for any failure or delay in the performance of any of its obligations arising from the Contract and/or these General Terms and Conditions caused by events beyond its reasonable control, such as strikes, lockouts or other industrial actions, civil unrest, invasion, terrorist attacks (including threatened), wars (declared or not) or threats of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters, inability to use railways, shipping, aircraft, motor transport or other public or private means of transport, inability to use public or private telecommunications networks, acts, decrees, laws, regulations or restrictions imposed by governments and/or public authorities (“Force Majeure”).

  2. In the event of Force Majeure, EUROSTEP’s performance may be suspended for the entire duration of the Force Majeure event. EUROSTEP undertakes to inform the Customer of the occurrence of a Force Majeure event without undue delay and, in any case, within 7 (seven) days from its occurrence. In any case, the Customer’s right of withdrawal pursuant to Article 14 remains unaffected.

ONLINE DISPUTE RESOLUTION

  1. The Customer may have recourse to the platform established by the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). Through the ODR Platform, the Customer and EUROSTEP may resolve disputes relating to online purchases with the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

APPLICABLE LAW AND JURISDICTION

  1. These General Terms and Conditions are governed entirely by Italian law. Conflict of law rules and, in any case, private international law rules are excluded, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980. Mandatory legal provisions in force in the State where the Customer has his/her habitual residence shall always remain unaffected.

  2. Any dispute that may arise between the parties in relation to the validity, interpretation, performance and termination of these General Terms and Conditions or of each Contract — where the Customer intends to bring proceedings before the ordinary judicial authority — shall fall within the exclusive jurisdiction, at the Customer’s discretion, of the Court of Treviso or the court of the Country of residence or domicile of the consumer, if such Country is a Member State of the EU. The Seller shall submit any dispute arising under these General Terms and Conditions to the competent court of the Country where the Customer habitually resides, if it is an EU Member State; otherwise, it shall be submitted to the Court of Treviso.

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