Terms of service
General Terms and Conditions of Sale
๐ Index
- Preamble and Definitions
- Scope of Application
- The Product: Custom-Made Good
- Purchase Process and Formation of the Contract
- โ ๏ธ Exclusion of the Right of Withdrawal
- Prices, VAT and Payment Methods
- Shipping and Delivery
- Legal Guarantee of Conformity
- Customer's Liability for Uploaded Images
- LEGOยฎ Disclaimer
- Intellectual Property
- Limitation of Liability
- Privacy and Data Processing
- Communications and Customer Support
- Amendments to the Terms and Conditions
- Applicable Law, Competent Court and ODR
1Preamble and Definitions
These General Terms and Conditions of Sale (hereinafter the "T&C" or "Conditions") govern the offer and sale of products through the LATEREGO website (hereinafter the "Site"), operated by Sesterzi 2 S.r.l., with registered office at Via Carlo Maria Maggi 6, 20154 Milan (MI), VAT No. 1383408065 (hereinafter "LATEREGO" or the "Seller").
The Seller can be reached exclusively through the support chat available on the Site, by indicating the order number as the unique identifier of the request.
These T&C are drafted in compliance with:
- Legislative Decree No. 206 of 6 September 2005 โ Italian Consumer Code;
- Legislative Decree No. 70 of 9 April 2003 โ electronic commerce;
- Legislative Decree No. 170 of 4 November 2021 โ implementing Directive (EU) 2019/771 on the sale of goods;
- The Italian Civil Code, in particular Arts. 1326 et seq. concerning the formation of the contract;
- Regulation (EU) 2016/679 (GDPR) as regards the protection of personal data.
For the purposes of these T&C, the following terms shall mean:
| Term | Definition |
|---|---|
| Seller | Sesterzi 2 S.r.l., owner of the LATEREGO commercial brand, VAT No. 1383408065, Via Carlo Maria Maggi 6, 20154 Milan (MI). |
| Customer | Any natural person of legal age who purchases or intends to purchase a Product on the Site for purposes unrelated to any business, commercial, craft or professional activity carried out (consumer within the meaning of Art. 3(1)(a) of Legislative Decree 206/2005). |
| Site | The LATEREGO e-commerce site hosted on the Shopify platform, accessible through the brand's official domain. |
| Product | A set of LEGOยฎ-compatible building bricks, customised on the basis of a photo uploaded by the Customer, classified as a good made to the consumer's specifications pursuant to Art. 59(1)(c) of Legislative Decree 206/2005. |
| Rendering | A digital three-dimensional graphic representation (3D render) of the Product, produced by the LATEREGO team on the basis of the photo uploaded by the Customer, sent to the Customer for approval prior to assembly. |
| Order | The purchase request made by the Customer through the Site, identified by a unique order number assigned by the system. |
| Contract | The distance sales contract concluded between the Seller and the Customer for the purchase of the Product, perfected in accordance with the procedures set out in Art. 4 of these T&C. |
| Approval | The explicit act by which the Customer confirms their final acceptance of the Rendering, marking the moment at which the Contract for the custom-made good is perfected and production begins. |
2Scope of Application
These T&C apply to all purchases made on the Site by Customers who qualify as consumers within the meaning of Legislative Decree 206/2005. For purchases made in the exercise of a professional, business or craft activity, certain protections provided by the Italian Consumer Code do not apply.
The Site and the services offered by LATEREGO are intended for Customers residing predominantly in Italy. The Seller reserves the right to fulfil orders from other European Union countries to the extent permitted by its operational capacity, it being understood that these T&C remain the primary and legally binding version in the Italian language.
Completion of the Checkout process constitutes full, complete and unconditional acceptance of these T&C, of the Refund & Returns Policy and of the Privacy Policy. Before proceeding with the purchase, the Customer is required to read carefully all three documents, available on the Site.
3The Product: Custom-Made Good
LATEREGO offers customised sets of building bricks, made from a photo provided by the Customer. The production process is entirely made to order: each Product is unique, designed and made specifically according to the characteristics of the image uploaded by the Customer.
For this reason, the Product is classified as a good made to the consumer's specifications or clearly personalised pursuant to Art. 59(1)(c) of Legislative Decree 206/2005 (Italian Consumer Code). The consequences of this classification for the right of withdrawal are illustrated in detail in Art. 5 of these T&C.
Product Characteristics
- The Product is composed of building bricks compatible with the LEGOยฎ system, but not manufactured or distributed by The LEGO Group (see the LEGOยฎ Disclaimer โ Art. 10).
- The dimensions, the number of bricks and the level of detail of the set depend on the package chosen at the time of the Order and on the characteristics of the uploaded photo.
- The 3D Rendering approved by the Customer constitutes the contractually binding representation of the finished Product. Small colour variations due to the difference between on-screen rendering and physical materials are possible and do not constitute a lack of conformity (see Art. 12).
- The photographs and images on the Site provided for illustrative purposes are purely by way of example and do not form an integral part of the Contract.
LEGOยฎ is a registered trademark of The LEGO Group. LATEREGO is not affiliated with, associated with, authorised, sponsored or in any way approved by The LEGO Group. The bricks sold by LATEREGO are compatible with the LEGOยฎ system but are produced by independent third-party suppliers and do not belong to the official product line of The LEGO Group. For further information, please refer to Art. 10.
4Purchase Process and Formation of the Contract
The purchase of a LATEREGO Product is structured into the following sequential phases, each with specific contractual implications:
Browsing and Selecting the Product
The Customer visits the Site, views the available offers and selects the desired package. The product pages contain all the pre-contractual information required by Art. 49 of Legislative Decree 206/2005, including the characteristics of the good, the price inclusive of VAT and this notice regarding the exclusion of the right of withdrawal.
Uploading the Photo
The Customer uploads to the Site the photo they wish to transform into a set of bricks. By uploading the image, the Customer declares, under their sole responsibility, that they hold the rights to the image (or have the relevant authorisations), that they have the consent of all persons portrayed and, in the case of images depicting minors, that they hold the written consent of the parent or legal guardian. For the complete framework of responsibilities and required declarations, please refer to Art. 9 of these T&C.
Automatic Processing of the 3D Rendering
The LATEREGO system automatically processes the customised three-dimensional Rendering on the basis of the uploaded photo. The process is entirely automated and is completed within a short time. The Rendering is made available to the Customer for review through the contact details provided during upload. At this stage, no payment has yet been made.
โ ๏ธ Confirmation of the Rendering โ Design Irrevocably Accepted
The Customer receives the 3D Rendering and must confirm it explicitly before proceeding to payment. Confirmation of the Rendering constitutes final and irrevocable acceptance of the Product's design. From the moment of confirmation, the design is definitively fixed and may not be modified. Only after confirmation may the Customer proceed to payment (Step 5). Before confirmation, the Customer may request changes within the operational limits of the service or abandon the process without any charge (see Art. 5).
Guest Checkout and Payment
Only after having confirmed the Rendering (Step 4), the Customer completes the purchase process in guest mode by entering: personal data, shipping address and payment data. Payment is made in advance through the available gateways (see Art. 6). At the end of checkout, the Customer receives an order confirmation by e-mail with the unique order number. Upon payment, the Contract is deemed definitively concluded and assembly is started.
Assembly of the Set
Once payment confirmation is received, LATEREGO starts assembly of the customised set on the basis of the Rendering confirmed at Step 4. The estimated turnaround times are 20-30 working days from payment confirmation. LATEREGO reserves the right to promptly communicate any unforeseeable delays.
Shipping and Delivery
The Product is packaged and entrusted to a trackable courier. The Customer receives by e-mail the tracking number to monitor the shipment. For details, please refer to Art. 7.
5Exclusion of the Right of Withdrawal
The 14-day right of withdrawal does NOT apply to the LATEREGO Product.
The Product is classified as a good made to the consumer's specifications or clearly personalised pursuant to Art. 59(1)(c) of Legislative Decree 206/2005 (Italian Consumer Code). For such goods, the law expressly provides for the exclusion of the ordinary right of withdrawal governed by Arts. 52โ58 of the same decree.
This means that, once the Rendering has been approved, it will not be possible to return the Product or obtain refunds for mere change of mind or subjective aesthetic dissatisfaction, where the Product corresponds to the approved Rendering.
5.1 โ The exact moment of exclusion of withdrawal
In order to ensure maximum transparency, LATEREGO clearly distinguishes the following phases in the purchase flow:
| Phase | Possibility of Withdrawal / Waiver |
|---|---|
| After uploading the photo, before confirmation of the Rendering and payment (Steps 2โ4) | โ The Customer may freely abandon the process at any time without any charge. As no payment has yet been made, no formal waiver procedure is required. |
| After payment (Step 5 and following) | ๐ซ The right of withdrawal is definitively excluded pursuant to Art. 59(1)(c) of Legislative Decree 206/2005. The Product is a good made to the consumer's specifications with a design approved by the Customer at Step 4. Assembly is started on the basis of the confirmed specifications. No refund for mere change of mind will be granted. |
By completing checkout and approving the Rendering, the Customer expressly declares that they were informed, before the conclusion of the Contract, of the exclusion of the right of withdrawal for goods made to the consumer's specifications, and accepts the contractual consequences thereof.
5.2 โ Technical traceability of consent (GDPR accountability)
In order to comply with the accountability principle provided for by Art. 5(2) of Regulation (EU) 2016/679 (GDPR) and to document, in an enforceable manner, the Approval of the Rendering by the Customer, LATEREGO automatically records, at the exact moment the Customer ticks the dedicated confirmation box before checkout (Step 4 of the purchase process described in Art. 4):
- Timestamp (UTC timestamp) of the confirmation, with millisecond precision;
- IP address of the connection from which the confirmation was made;
- Cryptographic identifier (SHA-256 hash) of the approved Rendering session, which makes it possible to prove in an enforceable manner the exact Rendering viewed and accepted by the Customer;
- User-agent of the browser and of the device used for the confirmation;
- Identifier of the configuration job and, following payment, the Shopify order number assigned.
5.3 โ Remedies available in the event of a lack of conformity
The exclusion of the right of withdrawal does not in any way prejudice the Customer's rights in the event of a lack of conformity of the Product with respect to the approved Rendering, pursuant to Arts. 128โ135 of Legislative Decree 206/2005. For such cases, please refer to Art. 8 โ Legal Guarantee of Conformity. The rights provided by the Refund & Returns Policy published on the Site also remain applicable.
6Prices, VAT and Payment Methods
All prices indicated on the Site are expressed in euros (โฌ) and are inclusive of VAT, unless otherwise indicated. Shipping costs, where applicable, are indicated separately at checkout before confirmation of the Order.
LATEREGO reserves the right to modify prices at any time. Changes do not affect Orders already confirmed at the time of the variation.
6.1 โ Payment Gateways
Payment is made exclusively in advance at the time of checkout through the following gateways available on the Site:
- Shopify Payments (Visa, Mastercard, American Express credit/debit cards);
- Stripe;
- PayPal.
Transactions are managed directly by the respective providers. LATEREGO does not store or process payment card data itself. The processing of payment data is subject to the privacy policies of the respective providers.
6.2 โ Moment of Charge and Commencement of Assembly
The charge of the amount takes place at the time of payment (Step 5), which the Customer may make only after having confirmed the Rendering (Step 4). There is no charge during the phases of photo upload (Step 2), automatic processing of the Rendering (Step 3) or confirmation of the design (Step 4). Assembly of the Product is started immediately after payment confirmation.
7Shipping and Delivery
7.1 โ Production and Shipping Times
The times indicated below are indicative estimates. Processing of the Rendering runs from the upload of the photo (Step 2); production runs from payment confirmation (Step 5):
| Phase | Estimated Time |
|---|---|
| Rendering processing (automatic) | Within a few minutes of uploading the photo (Step 2) |
| Production of the Set | 20-30 working days from payment confirmation (Step 5) |
| Shipping and Delivery | 2-4 working days from the courier taking charge of the shipment |
The times indicated are estimated and do not constitute an essential term of the Contract, unless otherwise agreed in writing. LATEREGO undertakes to promptly communicate to the Customer any significant and unforeseeable delays.
7.2 โ Courier and Traceability
Shipment takes place through a trackable express courier. When the courier takes charge of the shipment, the Customer receives by e-mail the tracking number to monitor the progress of the delivery.
7.3 โ Transfer of Risk
Pursuant to Art. 63(1) of Legislative Decree 206/2005, the risk of loss or damage of the Product transfers to the Customer at the moment the latter, or a third party designated by them other than the carrier, acquires physical possession of the Product. However, where the Customer themselves has chosen a courier other than that proposed by LATEREGO, the risk transfers at the moment of delivery to the courier chosen by the Customer.
7.4 โ Failed Delivery
In the event of failed delivery for reasons attributable to the Customer (e.g. incorrect address, prolonged absence, failure to collect from the courier's depot), the storage and/or re-shipping costs will be borne by the Customer. LATEREGO is not responsible for delays or failed deliveries resulting from incorrect information provided by the Customer at the time of the Order.
8Legal Guarantee of Conformity
The Seller is liable for any lack of conformity of the Product pursuant to Arts. 128โ135-octies of Legislative Decree 206/2005, as amended by Legislative Decree No. 170 of 4 November 2021.
8.1 โ Duration of the Guarantee
The legal guarantee of conformity has a duration of 2 (two) years from the date of delivery of the Product. The lack of conformity must be reported to the Seller within 2 months of its discovery.
8.2 โ Defects Covered by the Guarantee
The legal guarantee covers the following production defects, objectively verifiable with respect to the Rendering approved by the Customer:
- Bricks missing with respect to the intended set;
- Bricks not conforming to the approved design (incorrect shape or structure);
- Significant assembly errors with respect to the approved Rendering;
- Brick colours significantly different from those approved in the Rendering (except for the colour tolerance referred to in Art. 12);
- Physical defects of the bricks (fractures, deformations) not attributable to transport.
8.3 โ Exclusions from the Guarantee
The following cases are not covered by the legal guarantee:
- Subjective aesthetic dissatisfaction of the Customer where the Product corresponds to the approved Rendering;
- Colour variations falling within the normal tolerance between digital on-screen rendering and physical materials (see Art. 12);
- Damage caused by improper use, incorrect handling or accidents after delivery;
- Defects resulting from low-quality photos or insufficient resolution provided by the Customer, which affected the quality of the Rendering;
- Natural deterioration of the materials over time.
8.4 โ Complaint Procedure
To exercise the rights arising from the legal guarantee of conformity, the Customer must:
- Contact LATEREGO through the Site chat;
- Indicate the unique order number as identifier;
- Describe in detail the defect encountered;
- Attach clear photographs of the defect, allowing comparison with the approved Rendering.
LATEREGO will respond to the report within a reasonable time and, in the event of a confirmed lack of conformity, will propose the remedies provided by law (repair, replacement, price reduction or termination of the Contract) according to the order of preference established by Arts. 130-135 of Legislative Decree 206/2005. For operational details of the procedure, please refer to the Refund & Returns Policy published on the Site.
9Customer's Liability for Uploaded Images
The uploading of a photo is a voluntary, conscious and legally relevant act. The Customer is the sole and exclusive party responsible for the lawfulness of the images uploaded to the Site in every respect: copyright, right to one's image, protection of personal data and protection of minors.
LATEREGO cannot verify in advance the legal lawfulness of the images received and disclaims all liability for damages, claims or disputes by third parties arising from the content of the images provided by the Customer.
9.1 โ Applicable Legal Framework
The uploading of images to the LATEREGO Site is subject to multiple legal sources that the Customer is required to comply with:
| Area | Applicable Legislation |
|---|---|
| Right to One's Image | Art. 10 of the Italian Civil Code and Arts. 96โ97 of Law No. 633 of 22 April 1941 (Copyright Law): the portrait of a person may not be displayed, reproduced or marketed without the consent of the person concerned. |
| Copyright and Intellectual Property | Law 633/1941 and Directive (EU) 2019/790: creative photographs are intellectual works protected by copyright. Uploading someone else's photo without authorisation may constitute copyright infringement. |
| Personal Data (GDPR) | Regulation (EU) 2016/679, Arts. 6 and 9: images of identifiable natural persons are personal data. Their processing requires a valid legal basis (e.g. the express consent of the data subject). |
| Protection of Minors | Art. 8 GDPR, Legislative Decree 196/2003 and legislation on minors: the processing of images of minors requires the consent of the parent or legal guardian. A violation gives rise to civil and criminal liability. |
| Unlawful Content | Italian Criminal Code and Legislative Decree 70/2003: the uploading of obscene, discriminatory or otherwise unlawful images is prohibited and may constitute a criminal offence. |
9.2 โ Customer's Representations and Warranties
By proceeding to upload a photo and completing checkout, the Customer expressly declares, under their sole responsibility, that:
โฆ Representations Concerning the Rights to the Image
- That they are the holder of the copyright in the uploaded image, or that they have obtained a written licence or authorisation from the copyright holder for the use of the image for commercial purposes;
- That they have not uploaded photographs taken by third parties (professional or amateur photographers) without having obtained the assignment or licence of the relevant copyright;
- That they have not uploaded images downloaded from the internet, social media, photographic databases (e.g. Getty Images, Shutterstock, iStock, Adobe Stock) without holding a dedicated commercial use licence.
โฆ Representations Concerning the Right to the Image of the Persons Portrayed
- That every identifiable person portrayed in the image has given their explicit consent to the processing of their image for the making of the Product pursuant to Arts. 96โ97 of Law 633/1941 and Art. 10 of the Italian Civil Code;
- That, in the case of images depicting more than one person, consent has been obtained from each of them;
- That the image does not violate the right to privacy, dignity or honour of any person portrayed.
Where the uploaded image portrays one or more minors (persons under 18 years of age), the Customer expressly declares:
- That they are the parent or legal guardian of the minor(s) portrayed, or that they have obtained the written consent of the parent or legal guardian before uploading the image;
- That such consent is specific, informed and related to the purpose of making a personalised commercial product (set of physical bricks);
- That they are aware that the processing of images of minors without the authorisation of the parent or legal guardian constitutes a violation of the GDPR, of Legislative Decree 196/2003 and of the rules protecting minors, with potential civil and criminal consequences borne exclusively by the Customer.
LATEREGO will not knowingly process images of minors lacking parental authorisation. Should the absence of such authorisation subsequently emerge, LATEREGO reserves the right to interrupt processing and to report the matter to the competent authorities. This provision is consistent with what is indicated in the Privacy Policy of the Site.
โฆ Representations Concerning the Content of the Image
- That the image does not contain and does not portray unlawful, obscene, pornographic, violent, discriminatory content or content otherwise contrary to public order, public decency and the dignity of the person;
- That the image does not violate registered trademarks, design rights or other intellectual property rights of third parties;
- That the uploading of the image does not constitute a violation of any legal provision in force in Italy or in the European Union.
9.3 โ Indemnification and Hold Harmless in Favour of LATEREGO
The Customer undertakes to hold harmless, indemnify and defend LATEREGO โ as well as its shareholders, directors, employees, collaborators, suppliers and assignees โ from and against any:
- Claim, complaint or legal action by third parties (including the persons portrayed in the uploaded images, their heirs or legal representatives, photographers, copyright holders, agencies, entities);
- Liability, conviction, administrative or criminal penalty arising from the violation of the right to one's image, of copyright, of the GDPR or of any other applicable rule in relation to the uploaded images;
- Damage, loss, cost or expense of any nature, including legal fees and litigation costs, incurred by LATEREGO as a direct or indirect consequence of the images provided by the Customer;
- Disputes relating to images of minors uploaded without the consent of the parent or legal guardian, with all consequent civil, administrative and criminal liability falling exclusively on the Customer.
The obligation to indemnify extends to all actions, claims or proceedings arising even after delivery of the Product and remains in force for the entire limitation period of the rights actionable by third parties under applicable law.
9.4 โ Impossibility of Prior Verification and LATEREGO's Powers
LATEREGO operates as a mere technical provider of the customisation service and is unable to verify in advance, for each image received, the legal lawfulness of the content, the ownership of copyright, the presence or absence of the consent of the persons portrayed, or the existence of parental authorisations for minors.
The Seller nevertheless reserves the unquestionable right to:
- Refuse or interrupt the processing of any image that appears manifestly unlawful, offensive, harmful to the dignity of persons or that manifestly violates the rights of third parties;
- Request documentation from the Customer proving ownership of the rights or the consent of the persons portrayed, where reasonable doubts arise as to the lawfulness of the uploaded image;
- Suspend the Order pending the requested documentation, without this constituting a breach of contract by LATEREGO;
- In the event of a definitive refusal to process for reasons attributable to the Customer, refund the payment received, net of any processing costs already incurred for the Rendering.
For information on the processing, retention and rights relating to uploaded images, please refer to the Privacy Policy of the Site, which governs the purposes, retention periods (2 years from delivery) and the rights of the data subject under the GDPR.
10LEGOยฎ Disclaimer
LEGOยฎ is a registered trademark of The LEGO Group (LEGO Juris A/S, Billund, Denmark). The LEGO Group is not involved in the production, distribution or sale of the products offered by LATEREGO.
LATEREGO (Sesterzi 2 S.r.l.) is not affiliated with, associated with, authorised, sponsored, approved or in any way connected to The LEGO Group or to any of its subsidiaries or affiliates.
The building bricks sold by LATEREGO are compatible with the LEGOยฎ connection system โ that is, they respect the standard dimensions of the "stud-and-tube" system โ but are produced by independent third-party suppliers, do not belong to the official LEGOยฎ range and are not subject to the quality control of The LEGO Group.
The use of the term "LEGOยฎ-compatible" in LATEREGO's materials is intended solely to describe the technical compatibility of the product with the connection system, and does not imply any approval, authorisation or sponsorship by The LEGO Group.
All other trademarks, product names and logos mentioned on the Site are the property of their respective owners.
11Intellectual Property
11.1 โ LATEREGO's Rights
The LATEREGO brand, the logo, the content of the Site (texts, illustrative images, graphics, layout, interfaces), the process and methodology for processing the 3D Rendering, as well as all the software and technologies used to make the Product, are the exclusive property of Sesterzi 2 S.r.l. or are used under specific licences.
The reproduction, copying, distribution or unauthorised commercial use of any element protected by copyright or other intellectual property rights of LATEREGO is prohibited, without prior written authorisation.
11.2 โ Customer's Rights over the Uploaded Image
The Customer retains full ownership of the rights to the photo they upload to the Site. The uploading of the image does not entail any assignment of rights to LATEREGO. The Customer grants LATEREGO a temporary, limited, non-exclusive and non-transferable licence for the sole purpose of processing the 3D Rendering and producing the personalised set that is the subject of the Order.
LATEREGO will not use the photos uploaded by the Customer for marketing, advertising communication or public disclosure purposes without the Customer's prior express consent. For details on the processing of images, please refer to the Privacy Policy.
11.3 โ 3D Rendering
The Rendering processed by LATEREGO on the basis of the Customer's photo constitutes a derivative work created with LATEREGO's proprietary methodology and technologies. By approving the Rendering, the Customer acquires the right to receive the corresponding physical Product, but does not acquire rights to the commercial reproduction or distribution of the Rendering itself, which remains the intellectual property of LATEREGO.
12Limitation of Liability
12.1 โ Colour Correspondence
LATEREGO cannot guarantee the perfect and absolute colour correspondence between the colours displayed in the on-screen 3D Rendering and the colours of the physical bricks of the finished Product.
This limitation is due to objective technical factors beyond the Seller's control: (a) the calibration and settings of screens vary from device to device; (b) digital colours (RGB/sRGB) do not have a one-to-one correspondence with physical materials (plastics, pigments); (c) ambient light influences the perception of colours in the physical product.
Such colour variations falling within the normal technical tolerance do not constitute a lack of conformity and do not give rise to refunds or replacements. On the contrary, a significant and objectively relevant colour difference with respect to the approved Rendering does constitute a lack of conformity.
12.2 โ Force Majeure
LATEREGO is not responsible for delays or failures to perform caused by force majeure events, meaning unforeseeable, exceptional events beyond the Seller's reasonable control, including by way of example: natural disasters, epidemics, wars, terrorist acts, customs blockages, carrier strikes, prolonged interruptions in the supply of materials, technical failures of third-party platforms.
In the event of force majeure, LATEREGO undertakes to promptly inform the Customer and to propose reasonable solutions, including a refund where performance becomes definitively impossible.
12.3 โ Courier Delays
LATEREGO is not responsible for delivery delays attributable to the courier, once the Product has been delivered to the carrier. LATEREGO undertakes to provide the Customer with the tracking number to allow direct monitoring of the shipment and to support the Customer in managing any disputes with the courier.
12.4 โ Service Unavailability
LATEREGO does not guarantee uninterrupted and error-free accessibility of the Site. The Seller reserves the right to temporarily suspend the service for maintenance, updates or technical reasons, without this constituting a breach of contract, except where the suspension prejudices the performance of a Contract already concluded.
12.5 โ Maximum Limit of Liability
Within the limits permitted by applicable law and without prejudice to the provisions on the legal guarantee of conformity and liability for damage from defective products, LATEREGO's overall liability towards the Customer for any cause may not in any case exceed the amount paid by the Customer for the specific Order that is the subject of the dispute.
Nothing provided in these T&C limits or excludes LATEREGO's liability for wilful misconduct or gross negligence, nor the mandatory rights granted to the consumer by the legislation in force.
13Privacy and Processing of Personal Data
The processing of the Customer's personal data โ including the personal details provided at checkout, the shipping address, the contact data and the uploaded images โ is governed by the Privacy Policy published on the Site, drafted in compliance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 (Privacy Code) as amended by Legislative Decree 101/2018.
The Customer is invited to read the Privacy Policy carefully before proceeding with the purchase. Below, by way of summary, are some relevant elements within the scope of the Contract:
- Data Controller: Sesterzi 2 S.r.l., Via Carlo Maria Maggi 6, 20154 Milan (MI);
- Main purposes: performance of the Contract, processing of the Rendering, shipping, after-sales support, tax obligations;
- Image retention: the images uploaded by the Customer and the approved Rendering are retained for a period of 2 years from delivery, in order to allow the verification of any lack of conformity within the scope of the legal guarantee;
- Guest checkout: as no user account is provided, the data are associated with the unique order number as the identifier of the contractual relationship;
- Mailing list: subscription to the commercial mailing list is optional (opt-in) and independent of the purchase.
To exercise the rights of access, rectification, erasure and data portability, the Customer may contact LATEREGO through the methods indicated in the Privacy Policy.
14Communications and Customer Support
Pursuant to Art. 12 of Legislative Decree 70/2003, LATEREGO informs that communications relating to Orders take place through the following channels:
| Channel | Use |
|---|---|
| Site chat | Sole channel for customer support, complaints, requests for information, reporting of defects. The Customer must always indicate their order number. |
| Automatic Shopify e-mail | Notification that the Rendering is ready for confirmation, post-payment order confirmation, communication of the shipment tracking number. |
LATEREGO responds to communications received through the Site chat within a reasonable time on working days. Communications sent by the Seller to the Customer are transmitted to the e-mail address provided at checkout, which the Customer is responsible for keeping active and correct.
15Amendments to the Terms and Conditions
LATEREGO reserves the right to modify these T&C at any time, in order to adapt them to regulatory changes, service updates or operational needs. Amendments will be published on the Site with an indication of the date of entry into force.
Amendments apply exclusively to Orders placed after their entry into force. Orders already concluded continue to be governed by the T&C in force at the time of conclusion of the Contract.
The Customer is advised to consult periodically the T&C published on the Site. Continuing to make purchases after publication of the changes constitutes acceptance of the new conditions.
16Applicable Law, Competent Court and ODR
16.1 โ Applicable Law
These T&C and any dispute relating to the interpretation, validity and performance of the Contract are governed by Italian law. The Italian-language version of these T&C is the primary and legally binding version.
16.2 โ Competent Court
For any dispute arising from these T&C or from the Contract:
- Where the Customer holds the status of consumer within the meaning of Legislative Decree 206/2005, the mandatory territorial jurisdiction is that of the court of the place of residence or domicile of the consumer, pursuant to Art. 33(2)(u) of the same decree;
- Where the Customer acts in the exercise of their professional or business activity, the competent court is the Court of Milan.
16.3 โ Alternative Dispute Resolution (ADR/ODR)
Pursuant to Legislative Decree No. 130 of 6 August 2015 (implementing Directive 2013/11/EU) and Regulation (EU) No. 524/2013, the consumer Customer has the right to resort to alternative dispute resolution (ADR) procedures before taking legal action.
For the online resolution of disputes relating to online sales contracts, the European Commission has established a dedicated platform, accessible at the following address:
https://ec.europa.eu/consumers/odr
The LATEREGO e-mail address to be indicated on the ODR platform is the one reachable through the Site chat.