2. Subject Matter
3. Execution of the Sale and Purchase Agreement
4. Availability of the Products
5. Price and shipping costs
6. Placement of Orders
7. Methods of payment
8. Shipping and delivery of Products
9. Right to Withdraw
10. Flaws/defects of Products
12.Errors and/or inaccuracies in the On-Line Shop
13. Intellectual Property
14. Applicable Law
The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
● Customer means any person or company purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
● General Conditions mean these general conditions and any possible new future version which may be published on the On-Line Shop by Fiabesca di Francesca Becchini.
● Order Confirmation means the e-mail message by means of which Fiabesca di Francesca Becchini informs the Customers of the acceptance of the Orders.
● Sale and Purchase Agreements mean the sale and purchase agreements of the Products entered into between Fiabesca di Francesca Becchini. and the Customers.
● On-Line Shop means a virtual shop, managed by Fiabesca di Francesca Becchini and accessible at URL http://shop.fiabesca.it where Products are available for sale.
● Orders mean the purchasing orders of the Products to the General Conditions and in accordance with the procedure set out under clause 6.
● Parties means Fiabesca di Francesca Becchini and the Customers, when jointly referred.
● Price means the sale price of the Products as specified in the On-Line Shop with reference to each Product.
● Products mean the products published in the On-Line Shop for sale.
● Fiabesca means Fiabesca di Francesca Becchini – ditta individuale- with registered offices in Palermo, Via Sperlinga 33. Chamber of Commerce of Palermo.
2. SUBJECT MATTER
2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.
2.2 Fiabesca has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the On-Line Shop at the time the Orders are placed by the Customers.
2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions more favourable to the Customers shall apply.
3. EXECUTION OF SALE AND PURCHASE AGREEMENT
By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Conditions and to have read all additional information available in the On-Line Shop, including information accessible through links.
4. AVAILABILITY OF THE PRODUCTS
4.1 Fiabesca with reference to each Product published in the On-Line Shop, specifies whether:
(i) the Product is available at its warehouse;
(ii) the Product is not available at its warehouse.
4.2 The range and availability of the Products published in the On-Line Shop may vary from time to time, being understood that this shall not cause Fiabesca to be deemed liable vis-à-vis the Customers.
4.3 The availability of the Products indicated in the On-Line Shop is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, Fiabesca, save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 48 hours from receipt of the above communication sent by Zerogrey Srl (notwithstanding the provision governing the right for withdraw under clause 9).
4.4 Fiabescal has the right not to indicate the availability of the Products (or part of the Products) in the On-Line Shop.
5. PRICE AND SHIPPING COSTS
5.1 The Price is in € (euros). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.
5.2 The Price is inclusive of VAT (22%) if the Products are shipped by Fiabesca and delivered inside the European Union.
5.3 The Price does not include shipping costs. Fiabesca may request that the Customers bear part of the shipping costs, being understood that such amount will depend on the kind of delivery, the quantity of shipped Products, the volume, the weight and the destination of the Products.
5.4 The part of the shipping costs to be borne by the Customers following Fiabesca’s request indicated under clause 5.3, if any, is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers jointly with the payment of the Price according to clause 7.
5.5 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.
6. PLACEMENT OF THE ORDERS
The Customers may purchase the Products by selecting them in the relevant section of the On-Line Shop dedicated to the Product category searched and putting them in the “cart”. When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on “add to your cart”. Once the selection of Products is complete, the Customers will be bound to proceed with registration pursuant to clause 6.1, if not yet registered. Once the data relating to the selected Product/s and the “shipping/ delivery information” is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking “send”.
7. METHODS OF PAYMENT
7.1 The Customers may pay the Price (and the part of the shipping costs requested by Fiabesca as indicated under clauses 5.3 and 5.4) by bank wire or other methods of payment indicated by Fiabesca in the On-Line Shop. Fiabesca has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by Fiabesca in the On-Line Shop at the time the Orders are placed by the Customers.
7.2 The payment by bank wire shall be made by the Customers using the bank details provided in the On-Line Shop, specifying in the reason for payment the nome/model/date of order.
7.3 If requested by the Customers upon placing the Orders, Fiabescal shall send regular invoices by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by Fiabescal.
7.4 Information received from Fiabesca pursuant to clause 7. shall be solely utilized by Fiabesca for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.
8. SHIPPING AND DELIVERY OF THE PRODUCTS
8.1 Being understood that “shipping” of Products means the delivery of the latter to the couriers selected by Fiabesca pursuant to clause 8.2, Fiabescal undertakes to ship the Products:
(i) when the Products are available (as defined under clause 4):
– within 5 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 ;
(ii) should one or more Products become unavailable as in the case under clause 4.3, save for the right of Customer to withdraw the Order pursuant to clause 4.3,
– within 5 days from the time such Product or Products are once again available at Fiabesca’s warehouses.
8.2 Fiabesca guarantees the shipment of the Products worldwide by means of express couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped by Fiabesca, and delivered by the courier selected by Fiabesca, at the address indicated by the Customers at the time of order as under clause 6 or at a different address specified at the time the Order is placed.
8.3. Fiabesca undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers:
– in Italy within 48 hours from the date of shipment;
– outside Italy within 10 days from the date of shipment.
8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as Fiabesca is unable to directly monitor the deliveries of the selected couriers; therefore, Fiabesca cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.
8.5 In order to allow the Customers to monitor the progress of the Orders, Fiabesca send an e-mail to verify all information concerning the Orders.
8.6 The Customers may also verify the progress of Orders utilizing the “Order Tracking” function if such service is provided by the courier selected by Fiabesca for the delivery.
8.7 The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:
(i) the Products correspond to the content of the courier’s delivery slip (DDT) both as regards to the quantity and type.
(ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.
8.8 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing “control reserve” to be written on the courier’s slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.
8.9 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.
9. RIGHT TO WITHDRAW
9.1. The Customers who are “consumers” (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, in accordance with and pursuant to article 64 of the Italian Legislative Decree n. 206 of 2005, to withdraw from the Sale and Purchase Agreement within 30 days from receipt of the Products. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an e-mail to Fiabesca to the address specified under clause 15. Such communication shall include:
(i) the intention to exercise the right to withdraw;
(ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw.
9.2. In case the Customers exercise the right to withdraw pursuant to this clause 9:
(i) Customers undertake to return the Products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;
(ii) all costs connected to the return of the Products are entirely borne by the Customers;
(iii) Fiabesca undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that:
– the Products have been returned and are intact;
– the original package has also been returned and is intact;
– the accessory items and instructions manual, if any, are returned and are intact;
– the Products have not been utilized;
(iv) Fiabesca shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder).
9.3 Should the Customers not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9., the Customers shall have no right to reimbursement of the Price.
9.4 As an alternative to exercising the right to withdraw provided for by this clause 9., “consumer” Customers hold the option to “change product” according to the terms and conditions specified on the On-Line Shop.
10. PRODUCTS’ FLAWS / DEFECTS
10.1 Should the Products bear a warranty from the producer (commercial/conventional warranty), any possible flaw and defect of the Products must be communicated by the Customers directly to the producer in accordance with the terms and conditions indicated in the warranty.
10.2 “Consumer” Customers (as defined under clause 9.1) have the rights granted to the “consumers” by article 130 of Legislative Decree n.206 of 2005; such rights must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.
12. ERRORS AND INACCURACIES IN THE ON-LINE SHOP
12.1 Fiabesca undertakes to constantly check the On-Line Shop in order to avoid any possible error or inaccuracy. However, it is possible that the On-Line Shop bears, or might bear, errors, inaccuracies or oversights from time to time.
12.2 Fiabesca has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.
13. INTELLECTUAL PROPERTY
All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Fiabesca , the On-Line Shop and its contents shall not be reproducer, either partially of entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from Fiabesca.
14. APPLICABLE LAW
14.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 –clauses from 50 to 67 – and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly.
14.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Turin.
For further information and assistance on the On-Line Shop and/or on the methods of purchase on the On-Line Shop and/or on the Sale and Purchase Agreements, the Customers may contact Fiabesca by e-mail: email@example.com or firstname.lastname@example.org.
Or by letter at the following address: Fiabesca via Nicolò Garzilli 26, 90100 Palermo Italy