1.SUBJECT OF THE CONTRACT AND DURATION
1.1 With the present contract, respectively, the Seller sells and the Customer remotely purchases the services indicated and offered for sale on the website www.falierosarti.com using telematic tools.
1.2 The products referred to in the previous point are illustrated on the web page: www. falierosarti.com/ and all the corresponding product category pages that show price and buttons to add to the wishlist of your account and to the cart to proceed with the purchase.
2.PROVISIONS FOR THE CONCLUSION OF THE CONTRACT
2.1 The contract between the Seller and the Consumer is concluded exclusively through the internet by accessing the Consumer at www.falierosarti.com, where, following the procedures indicated, the Consumer will formalize the proposal for the purchase of goods the contract for the purchase of the goods referred to in point 1 of the previous article.
2.2 The purchase contract is concluded through the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at www.falierosarti .com / checkout and the subsequent sending of the form / module itself, always after viewing a web page summarizing the order, printable, in which the details of the purchaser and the order, the price of the purchased good, the shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
2.3 At the time that the Seller receives the order from the Consumer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point.
2.4 Failure to comply with the provisions referred to in the previous point, implies that the contract shall not be deemed concluded and effective between the parties.
3.1 All the sales prices of the products displayed and indicated on the website www.falierosarti.com are expressed in euros, Japanese yen dollars and British pounds depending on the selection of the shipping country desired by the user and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
3.2 The sale prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, even if not included in the purchase price, are indicated and calculated in the purchase procedure before placing the order by the Consumer and also contained in the web page summary of the placed order.
3.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
4. CONTRACT ARCHIVING / ORDER
4.1 The customer’s order will be archived in the database of FALIERO SARTI - L’ACCESSORIO Srl for the necessary time for the execution of the same and, in any case, in accordance with the law. The user will be able to access the order form and / or the data relating to it through their personal account or consult the order confirmation email at the address entered at the time of purchase.
5. ORDER FULFILMENT
5.1 The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
5.2 The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
5.3 Orders are subject to the availability of the Products and acceptance by the Seller. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, in cases where:
(i) the Products ordered are no longer available on the Site;
(ii) the Seller becomes aware of an error on the Site relating to the price and / or description of the Products;
(iii) the order cannot be executed due to an error in the information provided by the Consumer (by way of example, information on payment, billing or delivery address);
(iv) the Seller has reason to believe that the order was placed by a minor.
5.4 The Seller also reserves the right to make partial deliveries and / or to limit the quantities of Products ordered by the Consumer to a number of Products that can reasonably be considered for domestic use. In this case, the Consumer will be charged exclusively for the price of the Products delivered.
5.5 In all cases in which the Seller is unable to fulfill an order, is only partially so, or intends to limit the quantities of Products ordered, the Seller will contact the Consumer via e-mail or telephone, as soon as possible. and in any case within 30 (thirty) days from placing the order on the Site. Any payments already made by the Consumer will be promptly reimbursed by the Seller, with the same methods used by the Consumer for the payment of the Products.
5.6 The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, at the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered at Site, an e-mail confirming the order itself ("Order Confirmation"), which, in addition to a summary of the order placed and the description of the characteristics of the Product ordered, the expected date for the delivery of the Products and a extract of the information on the right of withdrawal, will contain a copy of these conditions of sale.
5.7 The Consumer's order, the Seller's Order Confirmation and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in its IT systems and the Consumer may request a copy, at any time, by sending a communication via e- mail to the Seller at firstname.lastname@example.org
5.8 Each contract for the purchase of the Products is considered concluded when the Consumer receives the Order Confirmation from the Seller via e-mail.
6.DELIVERY AND ACCEPTANCE OF THE GOODS - TRANSFER OF RISK
6.1 The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
6.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Consumer has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
6.3 The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed.Delivery will be made during normal business hours.The Seller will make every reasonable effort to deliver the Products within the delivery time indicated in the Order Confirmation. However, any delivery date or time estimated by us will be purely indicative. The Seller cannot therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to the Seller's intent or fault. The Consumer may at any time check the delivery status of the Products by entering the shipment number directly on the carrier's website.
6.4 The risk of accidental loss or deterioration of the Products will transfer to the Consumer when the latter, or a third party designated by him and other than the carrier, materially comes into possession of the Products. However, the risk will pass to the Consumer upon delivery of the Products to the carrier, if the latter has been chosen by the Consumer, without prejudice to the Consumer's rights towards the carrier. For the purposes of passing the risk, the refusal or delay in the acceptance of the Products by the consumer will be equated to delivery.
6.5 The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure referred to the following art. 8 of these general conditions of sale, failing which, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach their destination visibly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "subject to".
7. PRICES, SHIPPING COSTS, CUSTOMS DUTIES AND TAXES
7.1 The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated based on the type of delivery chosen by the Consumer and indicated on the page of order check-out, as well as summarized in the Order Confirmation sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site except for special promotions.
7.2 The Consumer must pay the total price to the Seller, as reported on the order check-out page and in the Order Confirmation sent by e-mail from the Seller to the Consumer.
7.3 If the Products are to be delivered to a country outside the European Union, the total price stated in the order and summarized in the Order Confirmation, will include indirect taxes (if applicable) and any customs duties and / or other sales tax.
8.1 The payment of the Products purchased through the Site must be made within the essential period of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
8.2 The payment can be made by credit card or PayPal at the conditions provided below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
8.3 If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to STRIPE PAYMENTS EUROPE, LIMITED PAYMENTS EUROPE, LIMITED,the operator designated by the Seller to handle all such transactions . The data provided will be sent securely, through the encrypted transfer of data with the 128-bit SSL (SecureSocketLayer) system. Such data remains inaccessible even for the Seller.
8.4 In case the payment is made by bank transfer in favor of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation, together with the order number.
8.5 In case of cash on delivery payment choice - available only in Italy, the Consumer must pay the sum indicated in the Order Confirmation in reference to the Products purchased directly to the carrier, at the same time as the delivery of the Products themselves, exclusively in cash.
8.6 The Seller will promptly send the Consumer, where foreseen by applicable laws in force, in electronic format via e-mail to the address declared by the same, the receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
9. SELLER'S LEGAL WARRANTY OF CONFORMITY, REPORTING OF NON-CONFORMITIES AND INTERVENTIONS UNDER WARRANTY
9.1 In accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereafter "Consumer Protection Code"),and subsequent amendments, the Seller provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. The Consumer will have the right to return the defective Products under the conditions established by articles 129 and subsequent of the Consumer Code and by these conditions of sale. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
9.2 Under penalty of forfeiture of this warranty, the Consumer is required to report any defects and non-conformity of the Products within 2 (two) months from their discovery, transmitting to Customer Care, by e-mail to email@example.com, the specific form correctly filled out, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the form in the reserved area of the site (at least n. 1 (one) photograph of the Product, copy of the Confirmation Order sent by the Seller and / or the tax receipt / invoice). Alternatively, only up to 14 days from receipt of the Product, the Consumer may request intervention under warranty, providing the same information as above, by using the appropriate form in the reserved area of the site.
9.3 On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service center and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, will authorize for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this email will include the "RMA Code" Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorized to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation email indicating the "RMA Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
Via Vittorio Alfieri 88
50013 Campi Bisenzio
9.4 If the Seller detects the actual existence of a conformity defect, he will repair the Product or, if this is not possible, replace the defective Product with a new and identical Product.If repair or replacement is not possible (for example due to lack of the Product), the Seller will refund the Consumer the price paid, including all delivery and return costs (the latter where duly documented). The reimbursement will be made, where possible, using the same payment method used by the Consumer when purchasing the Product or, if the Consumer had selected the cash on delivery payment method to make his purchase, exclusively by bank transfer to the current account. of the Consumer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.
10. DEFECTIVE PRODUCTS LIABILITY
10.1 With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating the name of the relevant manufacturer of the Product.
11. RIGHT OF WITHDRAWAL
11.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
11.2 To exercise the right of withdrawal, the Consumer must inform Faliero Sarti - L'accessorio SRL, before the deadline indicated in the previous point, of his decision using the withdrawal form on the site. The indication from the Consumer regarding the returning reason of the Product through the respective code of the reason indicated in the table shown in the form is not mandatory for the purpose of exercising the right of withdrawal.
11.3 As an alternative to the method referred to in point 11.2 above, the Consumer may in any case exercise the right of withdrawal by sending any explicit declaration to L'Accessorio SRL via the contact form or to the e-mail address email@example.com or in any other way, of their decision to withdraw using the site page.
11.4 Following the provisions of the previous point, the Consumer will receive an email confirming the exercise of the withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than the following 14 days to:
Faliero Sarti C/O L’Accessorio SRL
Via Vittorio Alfieri, 88,
50013 Campi Bisenzio (Firenze)
11.5 If the Consumer has received the product, he is required to return it to L’Accessorio SRL without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks of returning the goods, as well as the proof of this, will be borne by the Consumer. The direct costs of returning the goods will be borne by the Seller.
11.6 If the Consumer withdraws from this contract, the Consumer will be reimbursed for the payments made, including delivery costs if any (with the exception of the additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) and, if anticipated by the Consumer, the costs for returning the returned Products, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The reimbursement may be suspended until receipt of the goods or until the Consumer demonstrates that he has returned the goods, whichever is the earlier.
11.7 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
12.INTELLECTUAL PROPERTY RIGHTS
12.1 The Consumer acknowledges that is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of FALIERO SARTI – L’ACCESSORIO Srl and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
12.2 Unless prior specific consent is granted in writing by FALIERO SARTI – L’ACCESSORIO Srl, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose
13. PROTECTION OF CONSUMER PERSONAL DATA
13.1 In order to proceed with the registration, the order forwarding and therefore the conclusion of this contract, some personal data from the Consumer are requested through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by FALIERO SARTI - L’ACCESSORIO Srl as independent data controllers, each for the profiles within their competence, in compliance with Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, with the Consumer's consent, for any additional purposes indicated in the privacy documentation provided to the Consumer through the Site at the time of registration.
13.2 The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
13.3 The Consumer may at any time check, update, modify, delete their personal data provided to the Seller through the appropriate section of the Site "Account" accessible after authentication and may at any time exercise their rights under the Privacy Code by following the instructions provided in the privacy documentation on the Site.
14. DATA SECURITY
14.1 Although the Seller, in compliance with the applicable legislation, adopts suitable measures to protect personal data in order to minimize the risks of destruction or loss, even accidental, of unauthorized access, illegitimate treatment, falsification, manipulation and improper use by of third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
14.2 With regard to data relating to payments by credit card, the Seller uses the services of the company STRIPE PAYMENTS EUROPE, LIMITED which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web. based on industry standards.
15. APPLICABLE LAW, SETTLEMENTS AND JURISDICTION
15.1 The General Conditions of Sale. Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular with the Consumer Code, with specific reference to the legislation on distance contracts and the legislative decree. 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of residence of the latter will be reserved.
15.2 As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, quick and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's email address to be indicated in the European ODR Platform is as follows: firstname.lastname@example.org.
15.3 According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can use the Conciliazione Paritetica procedure.
The Procedure can be initiated if the consumer, after submitting a complaint to the company, has not received a response within 45 days or has received a response that is not deemed satisfactory by him.
The customer who decides to use the Conciliazione Paritetica procedure is obliged to send the application to the address: email@example.com or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
15.4 In case of not adhering to the conciliation attempt referred to in the previous points or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.
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