TERMS OF SALE
1. SUBJECT AND CONCLUSION OF THE CONTRACT
These conditions regulate exclusively the on-line sale by the FELSINA di Roberto Bettucchi company, VAT IT03719621207 with headquarters in via delle rose 2, 40030, Castel di Casio (BO), Italy - telephone + 39/3920388539 e-mail: firstname.lastname@example.org - pec: email@example.com through the application contained in the site www.felsinastore.com.
1.1. Order procedure
The order procedure is structured in this way:
- the user selects the desired products and provides his customer data, including billing and delivery addresses
- the company provides the customer with information on: the price of the selected product, payment methods and delivery times / costs
- the user confirms the intention to purchase by making payment
1.2. For the purpose of concluding the contract, with the order the user expresses a binding proposal for the stipulation of a contract. The contract is intended to be in force and binding from the moment in which the user will receive via e-mail, to the e-mail address provided by the same, a confirmation of receipt of the order. FELSINA di Roberto Bettucchi reserves the right to suspend or terminate at any time the publication and updating of the catalog of goods for sale, as well as to modify it in whole or in part at its own unappealable discretion and without any prior notice.
1.3. The registered trademarks and other distinctive signs reproduced in the Online Catalog are the property of FELSINA di Roberto Bettucchi which prohibits its partial or partial reproduction.
1.4. The conclusion of the contract is in any case subject to the definitive and unquestionable approval of FELSINA di Roberto Bettucchi who, in case of non-acceptance, must inform the buyer, in the forms he deems most appropriate, within 20 days from the dispatch of the 'order; in the absence of communications in the aforesaid term, the contract is considered concluded.
1.5. FELSINA di Roberto Bettucchi at its sole discretion, is free not to accept orders and excludes any contractual or extra-contractual liability for direct or indirect damages caused by non-acceptance, even partial, of an order. If an order exceeds the quantity existing in the warehouse, by e-mail, it will inform the Buyer that the goods are not available or what are the waiting times for obtaining the good chosen, asking if it intends to confirm the order or not. FELSINA di Roberto Bettucchi undertakes to send the goods within 30 days from receipt of the order with the customer's data (articles 61 - 49 g) Legislative Decree 206/2005
1.6. FELSINA di Roberto Bettucchi assumes the supply obligations exclusively for the goods indicated in the order. Any changes requested by the purchaser after sending the request must be sent in writing to the addresses indicated in point 1.1 and will be subject to new acceptance by the seller, who may, due to the changes requested, vary delivery dates and prices with respect to original order.
1.7. It is clarified that any clause or condition entered by the customer in the order, in correspondence or elsewhere is invalid and ineffective unless specifically agreed in writing by FELSINA di Roberto Bettucchi.
1.8. The order confirmation can not in any way be interpreted as an implicit acceptance of conditions or clauses contained in the order or elsewhere, if they are not expressly mentioned in the confirmation itself and it is not unequivocally expressed the will of FELSINA di Roberto Bettucchi of accept them.
1.9. The sales contract is governed by these general conditions, which constitute an integral and substantial part of the sales contract, even if not explicitly referred to in the order and / or order confirmation.
1:10. The FELSINA di Roberto Bettucchi is not in any way responsible in case of erroneous communication from the customer of the data related to the order (indicative and not exhaustive of the casuistry: the name and address indicated for shipping the product purchased, the characteristics and the quantity of the products object of the order).
2.1. The buyer is obliged to pay in full the goods according to the methods indicated in the order form and can not for any reason or any reason defer or suspend the agreed payments even if disputes arise over the execution or interpretation of this contract .
2.2. FELSINA di Roberto Bettucchi offers its customers the payment method: Credit / debit cards; PayPal.
3. SHIPPING AND DELIVERY
3.1. FELSINA di Roberto Bettucchi will send the goods and will send the same only to the address indicated by the buyer.
3.2. The signing by the Customer of the transport document of the carrier implies full acceptance of the delivered goods as regards, for example, the packaging, the number of packages received, the correspondence between products ordered and products delivered, integrity and external characteristics of products.
3.3. The buyer is required to check immediately the status of the goods delivered and the relative packaging, as well as actually corresponding to the goods required, raising, if necessary, immediate written remark on the delivery note or waybill accepting "WITH RESERVE" the goods , affixing this wording on the receipt of the courier together with the signature for acceptance.
3.4. Even in the presence of packaging intact, the goods must be diligently verified by the customer, and any apparent defects and inconsistencies (and therefore objectively recognizable with the use of normal diligence) of the goods will have to be denounced in writing to FELSINA di Roberto Bettucchi no later than 8 (eight) calendar days from the date of delivery.
3.5. FELSINA di Roberto Bettucchi is not liable for any delay due to force majeure, such as, but not limited to, accidents, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, laws, regulations and orders issued by state authorities , and other events of difficult or impossible prediction that prevent, in whole or in part, from fulfilling the agreed time or manner and any other case of delay not attributable to its malice or gross negligence.
3.6. The buyer can not in any case claim damages or make other claims for the delay in deliveries, or ask for the termination of the contract.
3.7. Shipping times for products in stock are 3 working days and 40 working days for products with personalized engraving.
4. RIGHT OF WITHDRAWAL
4.1. The consumer has the right to withdraw from the purchase contract without any penalty and without the burden of specifying the reason within 14 days using the withdrawal form provided for in Annex I, part B of Legislative Decree 206/2005 or by presenting a any other explicit declaration of his decision to withdraw from the contract to be sent pursuant to the law to the FELSINA office of Roberto Bettucchi (current in Via delle Rose 2, 40030, Castel di Casio (BO)). This declaration must contain the customer's bank details for the issue of the reimbursement.
4.2. The withdrawal period ends after fourteen days from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or, in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good; or finally in the case of delivery of goods consisting of lots or multiple pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;
4.3. The notice of withdrawal can also be sent by telegram, e-mail and is intended to be sent in good time if delivered to the post office by the aforementioned deadline.
4.4. The right of withdrawal is excluded with regard to the supply of tailor-made or clearly personalized goods (Article 59 / c of Legislative Decree 206/2005);
4.5. In case of withdrawal from the present contract, all the payments made by the consumer to FELSINA di Roberto Bettucchi will be reimbursed, including the delivery costs (with the exception of the additional costs deriving from the possible choice of a type of delivery different from the less expensive delivery offered), without undue delay and in any case no later than 14 days from the day on which FELSINA of Roberto Bettucchi has been informed of your decision to withdraw from this contract on condition that the purchased goods have already been returned intact. These refunds will be made using the same means of payment used by the consumer for the initial transaction, unless the same has not expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement.
4.6. The buyer must return the purchased product by accepting the shipping costs and the refund will be suspended until receipt of the goods or until the demonstration by the consumer to have sent back the same.
4.7. Following receipt of the whole good FELSINA di Roberto Bettucchi will refund the buyer the price of the product unless it is forced to incur costs attributable to the buyer, in which case it will be authorized to retain all or part of the price of the asset as compensation of damage.
4.8. The integrity of the good to be returned is an essential condition for exercising the right of withdrawal.
4.9. The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; in case of damage to the goods during transport, FELSINA di Roberto Bettucchi will inform the customer of the event (within 5 working days from receipt of the goods in their warehouses), to allow you to promptly report the complaint to the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal.
4.10. If the right of withdrawal is not exercised in the prescribed forms it is specified that the orders executed by the buyer are binding and in case of goods already sent and refused to the courier or non-delivery for direct responsibility of the customer, will be issued invoice or receipt / receipt tax for the entire cost of shipping and the cost of return to the sender, which will be charged to the consumer.
4.11. In the event that the withdrawal provided by law does not take place according to the methods indicated, the rules set forth in art. 1453 and following of the Civil Code which entail the obligation of the purchaser to pay the agreed price for the goods supplied, without prejudice to the right to terminate the contract, in addition in any case to compensation for damages suffered by FELSINA di Roberto Bettucchi.
5. WARRANTY AND ASSISTANCE
5.1. The parties agree that the warranty will last 24 months from the date of delivery, provided that the complaint of conformity defects occurred in writing within 60 days from the discovery of the latter and the good was returned to the seller for the appropriate checks. Eventually, in case of non-compliance, the buyer will have the right to the restoration without expenses of the conformity of the goods by repair or replacement, or, if this is not possible, a reduction of the purchase price or the contract termination.
5.2. The buyer immediately decades from the warranty on the goods if, without the prior written authorization of FELSINA di Roberto Bettucchi, he has operated on the same directly and / or requested third parties assembly and / or dismantling and / or replacement of parts.
5.3. The warranty offered for defects does not valid when:
5.3.1. the attached documents demonstrating the purchase at FELSINA of Roberto Bettucchi appear altered or illegible; the request will be processed only if the invoice is received invoice or receipt / receipt and order confirmation form;
5.3.2. the product serial numbers or numbers are altered, deleted, removed or made illegible;
5.3.3. the product has been repaired or modified by unauthorized personnel, before FELSINA of Roberto Bettucchi has been able to proceed with the technical verification;
5.3.4. the outcome of the technical verification indicates that the defect of the product derives from negligence or negligence in use;
5.3.5. in any case in which they can not be traced to defects in production, manufacture or packaging of the goods.
The purchaser hereby renounces compensation between the obligation to pay and any credit claims of any kind.
7. APPLICABLE LAW AND JURISDICTION
7.1. The above-mentioned general conditions of sale are governed exclusively by Italian law regardless of the place where the buyer is located or the order must be sent.
7.2. For any eventual controversy or dispute arising from the present contract, the Court where the consumer resides shall have exclusive jurisdiction.
8. INFORMATION ON THE PROCESSING OF PERSONAL DATA
pursuant to article 13 of the European regulation GDPR 679/2016, on the protection of persons and other subjects regarding the processing of personal and sensitive data, the processing of information concerning you will be based on principles of correctness, lawfulness and transparency and protecting your privacy and your rights.
Pursuant to the foregoing, the data provided by you will be processed for the following purposes:
Purchase our products through our online shop
The processing will be carried out both through IT tools and manually by specially appointed individuals. The data will be stored in our digital archives in Italy.
In the context of the treatments described above it is necessary to know and memorize all the necessary data. Any refusal to provide such data implies the failure or partial execution of the request.
The data will not be communicated to other companies as reported in the privacy policies that regulate this website and will be retained until the fulfillment of this request and then deleted or transformed into an anonymous form unless explicitly requested.
The data will not be disclosed to third parties except where expressly consented by the interested party.
The holder of the treatment is: FELSINA di Roberto Bettucchi VAT IT03719621207 with headquarters in via delle rose 2, 40030, Castel di Casio (BO) Italy - telephone + 39/3920388539 e-mail: firstname.lastname@example.org
The data controller is Roberto Bettucchi, as legal representative.
At any time you can exercise your rights towards the data controller, pursuant to Article 15 of the European Regulation GDPR 679/2016, by contacting us at the addresses indicated in this statement, by sending an email to email@example.com
To resolve disputes arising out of the online purchase on the www.felsinastore.com website, consumers can connect to the ODR telematic platform, managed by the European Commission, which can be reached at https://webgate.ec.europa.eu/odr