GENERAL CONDITIONS OF SALE
1. OBJECT OF THE ON LINE CONTRACT AND ITS DEFINITION
To "on-line" purchase agreement "on-line" we mean the distance contract that is the legal transaction concerning products between a supplier, the Fontanini SpA, headquartered in Borgo a Mozzano (LU) Italy, Viale Europa Unita 1/3 - Chifenti tax code, VAT number and register of companies of Lucca n.00142320464, REA 67210, and a consumer customer in a sales system organized by distance provider that, for this contract, only use the technology of communication at distance called "internet". All contracts, therefore, will be concluded through direct access to the consumer client to the website of Fontanini SpA, where, following the procedures indicated, will conclude the contract for the purchase of the property. Consumer means any natural person who purchases goods and services for purposes not directly related to their professional activity. Here we report the conditions of sale which will remain effective until changed by the supplier. Any changes to the conditions of sale will be effective from the time they are published on the website mentioned above.
2. HOW TO PURCHASE AND SALE PRICES
The customer can purchase only the products listed in the catalogue of the website when placing the order. The order can not be made in relation to products which, although present in the catalogue, are indicated as not available. In any case, the products in the catalogue are available until sold out their availability. The picture accompanying a product may not be fully representative of its features, but differ in colour, proportion, size and accessory elements in the picture. All sales prices of the products displayed in the catalogue, as offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of taxation in force. The cost of shipping is duly highlighted on the page within the site that the customer will take care to see before confirming the purchase. In the case of delivery outside the European union, any additional costs due to taxes or fees as provided by law in the state of destination shall be paid by the consumer which will be paid directly to the carrier at the time of delivery of the goods. The purchase contract is concluded through the exact compilation and the consensus expressed by the accession date "on-line". The customer can pay for the order using the payment methods indicated "on-line" with their purchase.
3. EXECUTION OF THE CONTRACT AND DELIVERY
The Fontanini S.p.A. will deliver to customers the products ordered by courier and / or shipping agents. In the absence of the recipient at the time of delivery will be left a notice and the client must personally contact as soon as possible the courier or freight forwarder in order to agree the terms of delivery. The timing of the delivery, which in any case will never exceed those required by the regulations currently in force equal to 30 days. from the date of receipt of the order, may vary depending on the carrier or shipper used. Delivery times are however referred to the products in stock at time of order. For some destinations, in case the goods to be shipped had a volume / weight that would not permit the shipment by air, will be sent by sea lengthening the time of delivery. The customer will still be warned prior to shipment and will have the option to cancel the order and obtain a refund of the amount paid. The delivery will be mainly carried out at ground floor. However, no responsibility can be attributed to the supplier for late or non-delivery due to force majeure or unforeseeable circumstances. If it is not able to deliver the goods as a result of its supervening temporary unavailability, the Fontanini SpA shall promptly inform the customer via email. The amount already paid by the Customer shall be refunded as soon as possible, but not later than thirty days from the receipt of the order.
The company Fontanini S.p.A. assumes no responsibility for problems caused due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods or other events that could prevent, in whole or in part, to implement time agreed to contract . The company Fontanini SpA shall not be responsible in any party for any damages, losses and costs incurred as a result of breach of contract, for the reasons mentioned above, the customer has the right to repay only the price paid. Likewise, the company Fontanini SpA is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, when payment for goods purchased. The company Fontanini SpA, in fact, at no time during the purchase procedure is able to know the number of the credit card of which, by opening a secure connection, is transmitted directly to the bank manager of the service, also the Fontanini SpA company is not able to control the correct and lawful origin of the security that comes from the customer upon receipt of the goods.
5. BUYER'S OBLIGATIONS
The consumer undertakes, once the purchase procedure "on-line", to handle the printing and the conservation of these terms and conditions, which, however, has already seen and accepted before purchase, as well as specific of the product purchased.
It is strictly prohibited to enter false data, and / or invented and / or fantasy, the registration process required to provide him with the procedure for the execution of this contract and the subsequent communications, personal data and the e-mail address must be the only real personal data and not some other person, or fantasy. It 'expressly forbidden to make double entries for a single person or enter data of third parties. The company Fontanini S.p.A. reserves the right to prosecute any violation or abuse for the part and the protection of ordinary consumers.
6. RIGHT OF WITHDRAWAL
The right of withdrawal applies only to individuals (consumers) acting for purposes that are unrelated to his business. Are therefore excluded from the right of withdrawal, purchases made by retailers and / or holders of VAT and companies and organizations. The customer (consumer) that receives the goods may have a "cooling-off" for the non-conformity of the product to its expectations after inspection, or wrong purchase, and then decide to return it by exercising the right of withdrawal.
The right of withdrawal may be exercised only with respect to the product in its entirety, it is not possible to exercised the withdrawal only on a part of the product. The product purchased must be returned intact, unused and in the original packaging, complete in all its parts (including packaging and any documentation and accessories). The customer (consumer) has the right, within 14 days from receipt of goods, to exercise the right of cancellation by sending written notice to the geographic location of the supplier in Borgo a Mozzano (LU) Italy , Viale Europa Unita 1/3 - Chifenti by registered letter with acknowledgment of receipt. The notification may be sent within the same period, by mail (firstname.lastname@example.org) provided that it is confirmed by registered letter with acknowledgment of receipt within 48 hours. It 'important to summarize their data, the number and date of the order in question, and the product you intend to return. The shipment by the customer must be made through courier within ten working days of the notice to the customer by e-mail, the address to which to ship the goods and return authorization number. The shipment, until the certificate of receipt by the Fontanini SpA, is at responsibility and risk of the customer. Upon receipt of the goods, Fontanini S.p.A. will verify its integrity and refund the Customer the amount of the returned product, excluding shipping charges if prepaid.
Filling in the appropriate space on the web, the customer authorizes the company Fontanini SpA to use their credit card or other card issued in replacement thereof, and to debit your bank account for the same company the total amount indicated as the total purchases made "on-line". The whole procedure is done via secure connection directly connected to the bank owner and operator of the payment service "on-line", which the company Fontanini SpA can not access. If the consumer were to exercise the right of withdrawal, as articulated in section 6 of the General Conditions, the amount to be refunded will be credited to the same credit card.
8. CONTRACT TERMINATION AND TERMINATION CLAUSE
The company Fontanini S.p.A. may terminate the contract by giving notice to the client with adequate and justified reasons, in that case the customer will only be entitled to a refund of the amount already paid. The obligations assumed by the client referred to in paragraph 5, and the guarantee of successful payment the customer makes with the means referred to in paragraph 2, are essential, so that by express agreement, the failure by the customer, only one of these obligations will lead to termination of the contract pursuant to Art. 1456 cc, without any judicial decision, without prejudice to the right of the company Fontanini SpA to sue for damages.
Any dispute relating to the application, execution, interpretation and breach of contracts entered into purchase "on-line" through the website cited above is subject to Italian jurisdiction, these conditions are reported, although not expressly provided herein, the combined with the Legislative Decree n ° 50 of 15/01/1992, decree No. 185 of 22/05/1999, Legislative Decree No. 206 of 09/06/2005 and Legislative Decree No. 21 of 21/02/2014 and subsequent amendments. Any dispute between the parties relating to this contract shall be the competent court of the place of residence or domicile of the customer, if located in Italy. In all other cases, the local jurisdiction it is without exception the Court of Lucca (Italy).