The present general terms and conditions of sale regulate on-line purchases through the site www.wheelcart.it (hereinafter, for brevity, the “Site”) owned by Lokhen S.r.l. by the Customer (site user) in the capacity of either Consumer or Professional. – Consumer refers to ‘a natural person acting for purposes which are outside his or her trade, business, craft activity or profession’. – Professional refers to the holder of a VAT number and/or the self-employed person and/or the legal entity that interacts with the e-commerce platform and concludes an online sales contract, in the exercise of its entrepreneurial and commercial activity.

 

VALIDITY AND EFFECTIVENESS OF THE GENERAL TERMS AND CONDITIONS

1. These general terms and conditions (hereinafter the “General Conditions”) govern the relationship, offer and sale of the Products between the Customer and Lokhen S.r.l., with registered office in via Selva 101, 70022 Altamura (BA), VAT number 07832030725. By filling in and sending the order online, the Customer declares that he/she has fully read and understood the General Conditions indicated in this document and all the indications provided during the purchase procedure, that he/she accepts them individually and as a whole, and is obliged to observe them. It is the responsibility and care of the Customer to print and keep or otherwise archive these General Conditions. Lokhen S.r.l. reserves the right to modify these General Terms at any time by publishing a new version.
2. On-line purchase via the Site is permitted to Customers residing in the following countries: Italy, Spain, Portugal, France, Austria, Germany, the Netherlands, Belgium, San Marino, Luxembourg, the Principality of Monaco, Malta, who undertake to accept these general terms and conditions.

 

PRODUCTS

The Products offered for sale on the Site are those described in the relevant Information Sheets. The characteristics of the Products, by which is meant the dimensions, weight and capacity and the performance indicated in the Information Sheets, may not be absolute but only highly indicative, being affected by the processes of production or market procurement of the Products.   Lokhen S.r.l. reserves the right at any time to vary the type and the Products offered on the Site, as well as the relative delivery times indicated in the shipping confirmation also in relation to the commercial policies of the Producer and the stocks actually present in the warehouse and/or the availability of the Products on the market.   However, Lokhen S.r.l. accepts no responsibility of any kind for the non-availability of Products which, although present on the Site, are not materially available. The customer cannot claim any right to damages or compensation, nor any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things caused by the non-acceptance of an order by Lokhen S.r.l.

 

PRICES

1. The prices of the Products are expressed on the Site in € (Euro) and are inclusive of all applicable taxes (the “Prices”). Shipping costs shall be borne by Lokhen S.r.l..
2. Lokhen S.r.l. will constantly check that all Prices are correct, and in the event that an error is found in a Price, the Customer will be promptly put in the position to reconfirm the purchase of the Products at the correct Price or to cancel it.

 

PURCHASING METHODS

1. In order to proceed with the purchase of the Products, the Customer shall follow the instructions set out on the Site by means of explanatory texts and graphics, choosing the method by which to place his order (cart section of the Site or by e-mail). Before continuing with the selection of the desired type of payment and confirming the purchase order, the Customer must provide an email address to which communications relating to the order can be sent, give prior consent to the privacy policy set out in Article 14 and accept the terms of these General Terms and Conditions of Sale. The Contract shall be deemed to be stipulated at the moment of acceptance, even tacit, of the order by Lokhen S.r.l. and subject always to successful payment. The tacit acceptance of the order by Lokhen S.r.l. is realised when the products sold are handed over to the courier.

 

CONCLUSION OF THE CONTRACT

1. The Contract stipulated between the Customer and Lokhen S.r.l. is understood to be concluded when the Customer receives the Shipment Confirmation email from Lokhen S.r.l., i.e. after having checked the availability of the Product in the warehouse and after having received the appropriate debit authorisations according to the method chosen by the Customer for payment. Lokhen S.r.l. is not responsible for malfunctions of the data transmission network attributable to the operator.
2.  The registered customer can access his account and, from the “My orders” section in his private area, can consult the status of all orders placed.
3. The purchase order form will be filed in the Site’s database for the period of time required to process orders; Lokhen S.r.l. reserves the right to keep the purchase order data for statistical purposes and to improve the services offered: the collection of data and their processing will be exercised in accordance with the terms indicated in the privacy policy in Article 14.
4. Accounting documents relating to the purchase made will be shared by Lokhen S.r.l. with the Customer in the following manner:

• Courtesy invoice by e-mail to all, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004 .
• Electronic invoice via SDI to all.
• Accompanying invoice with products for Consumer type customers only.

 

 PAYMENT METHODS Lokhen S.r.l. accepts payment only via the systems listed below:

1. Credit card/debit card/paypal (MAESTRO, MASTERCARD, VISA, JCB, UNION PAY, AMERICAN EXPRES). The order amount will only be charged upon actual approval of the order.
2. Bank transfer, using the coordinates on the Site and which for brevity are listed here: UNICREDIT – Branch of Altamura – IBAN: IT11C0200841331000105280072

TRANSPORT AND DELIVERY

For security reasons, Products purchased on the Site will be delivered to the address indicated by the customer. Delivery to PO boxes will not be allowed. Orders placed by credit card require a processing time of at least 24 hours. Orders with bank transfer payment method will be shipped upon receipt of credit. All orders placed on Saturday and/or Sunday will be processed from the following Monday. The days on which Lokhen S.r.l. is closed for holidays will be indicated on the home page of the site and orders placed during this period will be processed from the first working day following the end of the closing period. If Lokhen S.r.l. is unable to deliver the ordered goods due to the unavailability, even temporary, of the Products, it will promptly notify the Customer and in any case no later than 30 (thirty) days from receipt of the order, by e-mail. The amount already paid by the Customer will be refunded as soon as possible and in any case no later than 30 (thirty) days.   All purchases will be delivered by a courier of adequate standing (the “Courier”) within the times indicated in the table below. For all countries not listed in the table, delivery times will be communicated by Lokhen S.r.l. customer care.

Country	Working days from shipping confirmation email
Italy	4
Austria, France, Germany, Netherlands, Italy for the regions Calabria, Sicily, Sardinia	5
Belgium, Spain	6
Portugal, San Marino, Luxembourg, Monaco, Malta	9

Lokhen S.r.l. shall not be liable for unforeseeable delays due to force majeure.   Upon delivery of the goods by the Courier, the Customer is required to check: (i) that the number of packages delivered corresponds to the number indicated in the waybill; (ii) that the packaging is intact, undamaged, not wet or in any way altered, including the sealing materials. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested by placing a written control reservation on the Courier’s proof of delivery. Should the reservation fail to specify the type of damage (as indicated above), the same shall be deemed null and void and therefore the delivery shall be considered unjustly refused. Once the Courier’s document has been signed, the Customer may not raise any objection regarding the external characteristics of what has been delivered.   Products are delivered “curbside”. Products will be delivered in boxes as indicated in the descriptive sheets on the Site and if the order includes bulky items, these may be shipped on a pallet, which will be delivered to the Customer together with those items, the disposal of the pallet being the sole responsibility and care of the Customer.   In the event that the Customer is not available on the day scheduled for delivery, the courier shall make a further delivery attempt. Should it not be possible to deliver the Products, they shall be placed in storage at the nearest branch for 2 days. Should one of the following cases occur:

1. the customer refuses the delivery (except in cases of non-intact packaging/product);
2. the courier notifies the customer of a non-response after the two delivery attempts;
3. the customer does not collect within the 2-day period;
4. the courier, unable to deliver the parcel, cannot get in touch with the customer;

the package will be returned to the sender, the order cancelled, and Lokhen S.r.l. will refund the customer the total amount of the order minus the amount (per item) shown in the table:

Product	Deduction from order amount (amount to be applied on each individual piece included in the order)
WHEELCART STANDARD	56  €
WHEELCART OFF-ROAD	56  €
WHEELCART XXL	56  €
WHEELCART SQUARE	56  €
WHEELCART EASY LIFT	88 €

Lokhen S.r.l. will provide the Customer, where possible and upon request to be made to the e-mail address info@wheelcart.it, with the tracking number of the package on the Courier’s website.

INVOICING

An invoice shall be issued for each order. The invoice shall be issued on the basis of the information provided by the Customer when placing the order. No changes to the invoice shall be possible after the invoice has been issued. When ordering, it is necessary to indicate whether the shipping address is different from the invoicing address.

 

RIGHT OF WITHDRAWAL

The Consumer Customer has the right to withdraw from the contract without penalty and without specifying the reason within 14 (fourteen) days from the date of receipt of the Products. This right is not granted to the Professional Customer.   In order to exercise the right of withdrawal, the Customer shall send a written communication, with return receipt, containing: the manifestation of intention to avail of the right of withdrawal pursuant to Article 54 of Legislative Decree 6 September 2005, no. 206 (the “Consumer Code”), an indication of the Products for which the Customer wishes to avail himself/herself of the right of withdrawal, the progressive order number issued at the time of purchase and the data relating to the reimbursement methods, or he/she may fill in the form downloadable online (click here) and send the communication or the completed return form to the following address, v. Selva 101, Altamura (BA), or by e-mail: info@wheelcart.it

The organisation and related shipping costs for the return of the Products are the responsibility of the Customer. Lokhen S.r.l. will not be responsible for returned products that are lost, stolen or damaged and will therefore not make any refunds or compensations.   Lokhen S.r.l. intends to guarantee complete Customer satisfaction and will therefore reimburse in full the cost of any Products returned by the Customer that have not been consumed, generally not used or damaged. Refunds will be made using the same method of payment provided for the purchase. The purchased goods must be returned without undue delay and in any case no later than 14 (fourteen) days from the date on which the right of withdrawal was exercised.   Lokhen S.r.l. undertakes to reimburse the Customer promptly and in any case no later than 14 (fourteen) days from the date of receipt of the Products.

 

WARRANTY

Lokhen S.r.l. guarantees the quality of the Products also found on the market, sold online through its own website and platform.   If the purchased product turns out to have manufacturing defects and/or to have been damaged during transport, the Customer may request its replacement within the mandatory term of 8 days from receipt by e-mail to info@wheelcart.it. The Customer is also obliged to return the defective or damaged product in its original packaging intact in all its parts.   In the event of product replacement, Lokhen S.r.l. will bear the shipping costs for the return. The latter will then replace the product with an identical one or – in the event of stocks running out and subject to agreement with the Customer – with one of equivalent value.

 

PRIVACY POLICY

Pursuant to Legislative Decree 196/2003 (“Personal Data Protection Code”) and any amendments thereto, Lokhen S.r.l. is the controller of the Customer’s personal data, the provision of which is optional but necessary for the management of orders and supplies. For the purpose of managing supplies and orders, the Customer’s personal data will be stored in the computer archives of Lokhen S.r.l. and processed in the manner strictly necessary for the aforementioned purposes. At any time, the Customer may exercise the rights provided for by art. 7 of Legislative Decree 196/2003 (such as: to know your personal data and how they are used, to have them updated, corrected, deleted, to request their blocking or oppose their processing for legitimate reasons, to know the list of those responsible for processing) by writing to the following e-mail address: info@wheelcart.it.   In the presence of the Customer’s consent, the Customer’s personal data will be used to enable Lokhen S.r.l. to carry out activities of an informative nature regarding special news, product offers or promotional initiatives, also by e-mail or text message.

 

REFERENCE, INTERPRETATION, PREVALENCE, LAW AND COURT

For anything not specifically provided for in these General Terms and Conditions, reference shall be made to the regulations contained in the Consumer Code, as amended, supplemented or superseded from time to time, and, secondarily, to the Civil Code.   The reference to a specific time limit in the General Terms and Conditions shall be deemed from time to time to be superseded by such better term of guarantee for the customer as the Consumer Code shall in future provide and shall therefore be so interpreted, understood and read.   In the event of a conflict, the provisions of the Consumer Code shall prevail over those of the Civil Code and, without prejudice to the provisions of section 15.2, those of the General Terms and Conditions shall prevail over those of the Consumer Code, insofar as they may be derogated from.   Italian law applies.   For any dispute concerning the interpretation and execution of the provisions of these General Terms and Conditions, as well as for contractual and pre-contractual relations and/or termination, withdrawal and anything else arising from the relationship generated between the customer and Lokhen S.r.l. through the Site, the Court of Bari shall have exclusive jurisdiction.

 

COMMUNICATIONS, CONTACTS

Unless otherwise specified in these General Conditions, communications shall be made to the email address info@wheelcart.it. For further information and assistance on the Site or on how to purchase online, the following contact addresses are available: Via Alberto Manicone Snc 75100 MATERA (MT),  info@wheelcart.it.