General conditions of Sale
Premise
These General Terms and Conditions of Sale regulate the online purchase made by subjects resident in Italy through the website https://www.fontarnisi.com/ (hereinafter referred to as the “Site”) of Fontarnisi s.r.l.
Validity and effectiveness of the General Contract Conditions
1.1
The present general contract conditions (hereinafter the “General Conditions”) govern the relationship, offer and sale of the Products between the Customer user of the Site (hereinafter the “Customer” or the “Customers”) and Fontarnisi Srl, with registered office in L’Aquila (AQ) VIA SELVE PIANE, social capital € 10,000, VAT number 01885750669 and REA Code: AQ – 128588. The Customer, by completing the order online on the Site and sending the relevant Confirmation, declares to have taken full vision and knowledge of the General Conditions of Sale indicated in this document and all the indications provided during the purchase procedure, to accept them individually and as a whole and to oblige them to observe them. It is the Customer’s responsibility and care to provide for printing and storage or in any case for the storage of these General Conditions and the modules reproducing the characteristics of the purchase made. Fontarnisi s.r.l. reserves the right to modify these general conditions of sale at any time by publishing a new version.
1.2
The online purchase through the Site is based on and in compliance with these General Conditions. For the purposes of these General Conditions, Customer means solely the final consumer, ie a natural and/or legal person who purchases the Products.
1.3
Fontarnisi s.r.l. does not make any commitment regarding the verification of the above requirements regarding the residence of the Customer and the fact that he/she is a direct consumer, neither possessing nor having the burden of possessing instruments for detection and verification: the Customer, once qualified on the Website for the consumer, therefore assumes any responsibility that may derive from the violation of the provisions of the previous point 1.2.
Products
1.1
Fontarnisi s.r.l. reserves the right to change the type and Products offered on the Site at any time, also in relation to availability. Fontarnisi s.r.l. does not guarantee that the Products presented on the Site are actually available or that they are available on time for delivery, as this depends on the commercial policies of the Producer and on the stocks actually present in the warehouse; Fontarnisi s.r.l. therefore proposes its products for sale within the limits of stock available at the time of receipt of the relative purchase order. Fontarnisi s.r.l. however, does not assume responsibility of any kind for the case of unavailability of Products which, although present on the Site, are not physically available.
2.2
The Products offered for sale on the Site are those described in the relevant information sheets. The characteristics of the Products, meaning volume, dimensions and weight and the performances indicated in the Information Sheets, cannot be absolute but only highly indicative, affected by the production processes.
Prices
3.1
The prices of the Products are expressed in the Site in €. (Euro) and include all applicable taxes (the “Prices”). Delivery costs are excluded.
3.2
Fontarnisi s.r.l. constantly checks that all Prices are correct, without however guaranteeing the absolute absence of any errors. In the event that an error is found in a Price, Fontarnisi s.r.l will place the Customer in the position to reconfirm the purchase of the Products at the correct Price or to cancel it.
How to purchase
4.1
The essential characteristics of the Products and the Prices are shown in the offer relating to each individual Product present on the Site.
4.2
The sale is governed by the terms and conditions in this document. It is the Customer’s specific responsibility to view it in advance as, as indicated in the purchase procedure on the Site, the compilation of the order and its sending constitute irrevocable acknowledgment and acceptance of these General Conditions of Sale and confirmation of the wish to purchase pursuant to the themselves. To proceed with the purchase of the Products, the Customer must follow the instructions on the Site where the prior obligation to read and accept the terms of the contribution for any delivery costs, of these General Conditions (including the conditions for exercising the right) is clearly indicated of withdrawal) and the privacy policy referred to in Article 15, before proceeding with the selection of the type of payment desired and before confirming the purchase order. The Contract is stipulated at the time of acceptance, even tacit, of the order by Fontarnisi s.r.l and always done subject to the successful conclusion of the payment. The tacit acceptance of the order by Fontarnisi s.r.l takes place with the assignment to the courier of the products sold.
4.3
The phases for the execution of the order and for concluding the purchase contract are clearly highlighted in the sequence of pages of the Site through explanatory texts and graphics. In particular, it is advisable to read the notice on withdrawal contained in this document.
Registration
5.1
Registration with “username” and “password” is optional. If the Customer does not wish to register, he/she can still conclude the purchase: only the data necessary for delivery and invoicing of the order will be requested. The data requested in this circumstance will be processed as indicated in the following article 15.
Conclusion of the contract
6.1
The Contract stipulated between the Customer and Fontarnisi s.r.l. is considered concluded when the order sent by the Customer arrives at the address indicated in the order by the Customer on condition that (i) the purchase procedure indicated on the Site has been respected , that (ii) Fontarnisi s.r.l. has received adequate debit authorizations according to the methods chosen by the Customer for payment and that (iii) the availability of the Product has been confirmed by Fontarnisi s.r.l is not liable for malfunctions of the data transmission network attributable to the operator.
6.2
By sending the order to Fontarnisi s.r.l., the Customer acknowledges and declares to have read and fully accepted the terms of the contribution for delivery costs, the General Conditions, the privacy policy referred to in Article 15 and the conditions of exercise of the right of withdrawal.
6.3
The purchase order form will be stored in the Site database for the period of time necessary to process the orders; Fontarnisi s.r.l. reserves the right to store the data of the purchase order for statistical purposes and to improve the services offered: the collection of data and their treatment will be exercised according to the terms indicated in the privacy information referred to in Article 15 .
6.4
Fontarnisi s.r.l. will transmit to the Customer, by e-mail, a confirmation of receipt of the purchase order sent, containing the instructions for online access to the summary of the General Conditions, the privacy policy and any special conditions applicable to the contract, including information relating to the address and contacts of Fontarnisi s.r.l. to which it is possible to submit complaints, to information on assistance services and existing commercial guarantees, to the conditions of withdrawal, to the methods of returning or collecting the goods in the event of the exercise of this right, to the detailed indication of the price, the method of payment chosen by the customer, the delivery costs. The Customer must immediately check the contents of the communication and immediately report any errors or omissions to Fontarnisi s.r.l.
Terms of payment
7.1
Fontarnisi s.r.l accepts payment only through the systems listed below:
– Credit card (American Express, Visa or Mastercard) through the PayPal payment platform. The order amount will be debited only at the time the order is actually approved.
– PayPal: online payment system that allows any company or consumer who has an email address to send and receive payments, subject to registration. Payment is made through the PayPal payment platform.
Trasport and delivery
8.1
For security reasons, the Products purchased on the Site will be delivered to the address indicated by the customer. Deliveries to PO Boxes will not be made.
8.2
For every order placed on the Site, Fontarnisi s.r.l issues an invoice for the goods shipped, sending it by e-mail to the order holder, in accordance with the D.P.R. 445/2000 and of the D.L. 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order makes full and final No change in the invoice will be possible after sending the order.
8.3
Any delivery costs are charged to the Customer and are clearly indicated in the order form. They may vary depending on the chosen shipping method and the destination of the Products as indicated on the Site.
8.4
All purchases will be delivered by a courier of adequate standing (the “Courier”) in the times indicated on the Site, times that are indicative and not mandatory. Orders will be processed and delivered from Monday to Friday, excluding holidays. Furthermore, Fontarnisi s.r.l. is not responsible for unpredictable delays, provided that, except in cases of force majeure, the Products will be delivered within a maximum period of 10 (ten) working days starting from the day following the day on which the Customer sent the order to Fontarnisi s.r.l.
8.5
Upon delivery of the goods by the Courier, the Customer is required to check: (i) that the number of packages delivered corresponds to what is indicated in the waybill; (ii) that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials. Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately contested, placing a written control reserve on the Courier’s delivery proof. Once the Courier document has been signed, the Customer will not be able to oppose any dispute about the external characteristics of what was delivered.
8.6
If it is not able to deliver the ordered goods as a result of the supervening unavailability, even temporary, of the Products, Fontarnisi s.r.l 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 reimbursed as soon as possible and in any case not later than 30 (thirty) days from the crediting of the price paid by the Customer.
8.7
Fontarnisi s.r.l will send the Customer an electronic message confirming the shipment once the Products have been shipped.
8.8
Fontarnisi s.r.l will provide the Customer, where possible, with the shipping number, which will allow tracking of the package on the Courier’s website.
Fatturazione
9.1
Verrà emessa fattura per ciascun ordine. Per l’emissione della fattura fanno fede le informazioni fornite dal Cliente all’atto dell’ordine. Nessuna variazione in fattura sarà possibile dopo l’emissione della stessa. In fase di ordine, è necessario indicare se l’indirizzo di spedizione è diverso dall’indirizzo di fatturazione.
Returns, cancellation of orders and right of withdrawal
10.1
Fontarnisi s.r.l intends to guarantee complete customer satisfaction. Fontarnisi s.r.l will therefore fully reimburse the cost of the Products that have been returned by the Customer not consumed, in general not used, or damaged, provided they are accompanied by the relative invoice. Refunds will be made with the same payment method as for the purchase. The purchased goods can be returned within 10 (ten) days from the delivery date.
10.2
The costs of redelivery for the return of the Products are charged to the Customer as well as any other cost incurred by the Customer for the redelivery itself.
10.3
Each delivery will contain instructions for the possible return of the Products. Fontarnisi s.r.l. undertakes to promptly reimburse the Customer and in any case not later than 30 (thirty) days from the date of receipt of the cancellation request accompanying the return of the Product pursuant to the previous point
10.1. Fontarnisi s.r.l. will send an electronic notification message once the refund has been made.
10.4
The Products must be returned using only the waybill and the courier indicated in the form attached to the delivery. Fontarnisi s.r.l. will not be responsible for those products returned that have been lost, stolen or damaged and will therefore not proceed with refunds or compensation.
10.5
Pursuant to art. 64 of Legislative Decree no. 206/2005, the Customer has the right to withdraw from the contract without any penalty and without specifying the reason within the term of 10 (ten) working days starting from the date of receipt of the Products, except as provided in the following point 11.7.
10.6
To exercise the right of withdrawal, the Customer must send to the following address, Via Selve Piane, 67069, L’Aquila, a written communication, with acknowledgment of receipt, containing: the intention to use the right of withdrawal pursuant to the art. 64 of Legislative Decree 6 September 2005, n. 206 (the “Consumer Code”), the indication of the Products for which the Customer wants to make use of the right of withdrawal, the progressive order number issued at the time of purchase and the data relating to the repayment methods. communication can always be sent within the aforementioned deadline of 10 (ten) working days also by e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the next 48 (forty eight) hours.
Packs
11.1
The Products purchased on the Site are delivered in boxes as described in the cards contained on the Site.
Failure to accept an order
12.1
Any right of the customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to people and / or things caused by the failure to accept an order by Fontarnisi s.r.l.
Warranty
13.1
If the purchased product appears to have manufacturing defects and / or has been damaged during transport, the Customer may request its replacement within the mandatory period of 10 days from receipt by e-mail at fontarnisisrl@legalmail.it. The Customer is also required to return the defective or damaged product in its original undamaged packaging in all its parts.
13.2
In case of replacement of the product, the shipping costs for the return are paid by Fontarnisi s.r.l. The latter will then replace the product with an identical one or, in the event that stocks are exhausted and after agreement with the Customer, with one of equivalent value.
Guarantee of authenticity and warranty on the products – Disclaimer
14.1
Fontarnisi s.r.l. guarantees that the supply of all products sold on e-commerce fontarnisi.it
14.2
The Customer acknowledges that Fontarnisi s.r.l. carries out the management of the ecommerce site owned by the same. Fontarnisi s.r.l. therefore assumes responsibility towards the Customer for defects and malfunctions related to the physical and IT management of the Site and to the transaction procedures.
Privacy Notice (to read the extended version click here)
15.1
Pursuant to Legislative Decree 196/2003 (“Code regarding the protection of personal data”) and its possible modifications, Fontarnisi s.r.l. is the owner of the processing of the Customer’s personal data, whose provision is optional but necessary for the management of orders and supplies. For the purposes of managing supplies and related orders, the Customer’s personal data will be stored in the computer archives of Fontarnisi s.r.l. and processed with methods strictly necessary for the stated purposes. At any time, the Customer may exercise the rights provided by the art. 7 of Legislative Decree 196/2003 (such as: knowing your personal data and how they are used, updating, rectifying, canceling, blocking or objecting to processing for legitimate reasons, knowing the list of Data Processors) by writing to the following email address: fontarnisisrl@legalmail.it
15.2
In the presence of the Client’s consent, the personal data of the same will be used to allow Fontarnisi s.r.l. to carry out informative activities about particular novelties, product offers or promotional initiatives, also through e-mail or sms.
Referral, interpretation, prevalence, law and forum
16.1
For matters not specifically provided in these General Conditions, reference is made to the rules contained in the Consumer Code, as amended from time to time, supplemented or replaced and, alternatively, to the Civil Code.
16.2
The reference to a specific time frame in the General Conditions will be considered from time to time as replaced by that term of best guarantee for the Customer that the Consumer Code should in the future come to foresee and must therefore be interpreted, understood and read.
16.3
In the event of conflict, the provisions of the Consumer Code will prevail over those of the Civil Code and, except as provided for in point 15.2, those of the General Conditions on those of the Consumer Code, as may be derogated.
16.4
Italian law applies.
16.5
For any dispute concerning the interpretation and execution of the provisions of these General Conditions of Sale, as well as for contractual and pre-contractual relations and / or termination, withdrawal and in any case anything else that takes cause and originates from the relationship generated between Customer and Fontarnisi s.r.l. the exclusive jurisdiction of the Court of L’Aquila is elected through the Site.
Communications, contacts
17.1
Unless otherwise specified in these General Conditions, communications must be sent to the electronic address fontarnisisrl@legalmail.it.
Information regarding online dispute resolution pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a place where consumers can try to reach out-of-court agreements on disputes arising from online purchases and service contracts.