GENERAL CONDITIONS OF ON-LINE SALES
1) On line purchases and applicable regulations
- Purchases from the website www.albertofasciani.it are regulated by these General Conditions of Sales, together with the conditions set from time to time in the said website at the date of termination of the contract (price list, typology, technical features), as well as the provisions set forth in D.Lgs n° 206/ 2005 on customer protection (art. 45 – 68 relating to distance contracts and art. 128-135 relating to guarantee on the conformity of goods), and the provisions set by D.Lgs. n° 70/2003 on electronic business.
- these General Conditions of Sales are considered as integral and substantial part of the contract: therefore, before sending the order, we advise the Customer to read carefully these General Conditions of Sales and the information hereby provided, print and keep them in a durable medium accessible to the Customer.
- placing an order implies acceptance of the General Conditions of Sales in force as published on the website www.albertofasciani.it at the time of the order from the Customer.
- the supplier of the goods is Alberto Fasciani s.r.l. unipersonale (hereinafter referred to as the Company),with registered office in Fermo via Pirelli n° 3, Loc. Girola, Company registration number in Fermo and VAT n. 01974020446.
- the products shown in the website may be purchased, subject to availability, only by who has reached eighteen years of age.
- the prices quoted on the website www.albertofasciani.it are in euro and inclusive of VAT , if due, as well as any other tax or charge, and exclusively refer to products sold on-line.
- the price charged will be the one in force at the time of order, regardless of any future increase or decreases in prices (i.e. as a result of promotions subsequently occurred).
- the Company reserves the right to alter without notice the prices of products: any new price will be effective from the moment of its publishing on the website www.albertofasciani.it and will be applied to sales made from that moment onwards.
- delivery costs will be added to the price: such costs will be calculated according to the weight and the quantity of products and the destination of the order; in case of delivery abroad any additional costs arising from duties or tax provided for by the regulation in force in the Country of delivery will be paid by the Customer.
- The total amount of the order (price+ delivery costs) will be visible before the order confirmation.
- Tax records will be released by the Company at the time of delivery: they will indicate in details the products purchased and their prices.
3) Product features and availability
- Product features are visible on line at the time of order.
- The Company displays the products in the most reliable and accurate way; colours and other aesthetic features of the product may be altered by the customer’s computer screen or by other technical reasons not due to the Company, which, therefore, cannot guarantee that colours and any other technical and aesthetic features are reproduced on the screen in a way perfectly tailored to the reality.
- The type of products published on line and their availability (this information shall not be binding) may change at any time without causing any responsibility for the Company.
4) Conclusion of the contract and orders
- The purchase agreement will be finalised exclusively on line, through the correct completion of the order and the subsequent consent to the purchase from the Customer under the procedures set in the website.
- the Customer undertakes, at completion of the order on-line, to print and keep these General Conditions of Sales, as well as specifications of the product purchased as indicated on the website.
-After the delivery, the Company will send the Customer, within 3 working days, e-mail containing the order confirmation with all order details: we advise the Customer to print and keep the e-mail.
- the contract shall be deemed finalised at the time of notification of the order confirmation.
- in the event the Customer does not receive any order confirmation within the aforesaid term, the relevant order shall be considered as not accepted by the Company, hence not valid.
- the orders received will be filed in a database of the “shop” on line, according to the procedures and provisions set forth by D.Lgs. 30.06.2003 n° 196 (“Privacy”) and will be available, subject to request to the Company, at the following e-mail address “email@example.com”.
5) Cancellation or modification of order
In case of logistic and/or technical and/or organizational problems, the Company reserves the right to cancel the order notifying it to the Customer by e-mail within 30 days from the date when the Customer placed the order: in such case the Customer will not be entitled to any reimbursement, except for the repayment.
6) Payment methods
- After receiving the order confirmation from the Company, the Customer may submit the payment in one of the following ways:
Bank transfer to CASSA DI RISPARMIO DI FERMO ag. TORRE SAN PATRIZIO
IBAN IT21J0615069750CC0210046175; the bank transfer must be addressed to Alberto Fasciani s.r.l. unipersonale, via Pirelli n° 3 – 63900 Fermo and as payment reference must indicate the order number; bank charges will be paid by the Customer.
7) Payment terms
- In case the product is immediately available, the Customer shall make the payment in single settlement before the dispatch. In order to speed the dispatch procedure, it is possible to forward the receipt of the postal payment slip or the bank transfer via fax to the following n° +39 051238801 or by e-mail to the following address “firstname.lastname@example.org”.
- In case the product is not immediately available, the Customer shall make the payment in single settlement anyway,looking forward to receive the product in 40 working days.
- the Company will not send the products until the payment has been totally settled.
- for the delivery the Company avails itself of the service of reliable couriers which are selected from time to time according to the product ordered and the destination.
- the Company, except for unforeseeable circumstances or force majeure, will promptly deliver the products purchased, to all over the country in 3 days (via TNT) , to EU countries in 4, to USA and Canada in 3, and to the rest of the world in 10 (via UPS) from the date of payment from the Customer.
- the delivery will take place from Monday to Friday between 08:00 and 18:30 at the Customer’s address as indicated in the order.
- if Customer’s details are incomplete or incorrect ( with the subsequent impossibility to deliver the products), the Company will contact the Customer before the dispatch.
- the Company shall not be responsible for any delay caused by the courier.
- At receipt, the Customer, or whoever on their behalf, should verify:
That the parcel is intact, not damaged, wet or altered in its packaging; any complaint shall be notified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “ withdrawn subject to verification”; otherwise the parcel shall be considered properly delivered;
That the products match with what quoted in the transport documents and/or invoice both for quantity and type; any complaint shall be notified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “ withdrawn subject to verification”; otherwise the content of the parcel shall be considered free from imperfections and/or defects.
- It is also possible, at Customer’s discretion, to apply an insurance policy on the product as a warranty for any damages which may occur during the transport, with an additional cost for the Customer which may vary according to the means of transport and the destination.
9) Right of withdrawal, complaints and request to replace the product.
- Pursuant to and in accordance with art. 64 of D.Lgs. 206/2005, the Customer is entitled to withdraw without any fine or providing any specific reason within 10 working days from receipt of the product , on condition that the product is intact and not been used.
- the right of withdrawal may be exercised by recorded mail to be sent to the Company (Alberto Fasciani s.r.l. unipersonale, via Pirelli n° 3, Loc. Girola – 63900 Fermo - FM) or by e-mail (email@example.com), fax (n. +39051238801) or wire ( to the said address) on condition that, in these last three options, the intention to withdraw is confirmed via recorded mail within the following 48 hours.
- in case the Company does not comply with information obligations as set forth by art 47-52, paragraph I letter f) and letter g) and art. 53 D.Lgs. 206/05 governing procedures and timeframe to return or withdraw the product when the right of withdrawal is exercised, the term to exercise the said right is 90 (ninety) days from receipt of the product.
- in case of exercising the right of withdrawal, the Customer shall return the product intact and in its original packaging, complete in all its parts no later than 10 days from the date of sending the notification to withdraw.
- The repayment, which includes the whole order (delivery costs included) or that part of the order involved in the withdrawal (in such case delivery costs will be excluded), shall be made from the Company under payment instructions from the Customer within 30 days from receipt of the notification of withdrawal.
- Whereas, costs to return the product to the Company shall be paid by the Customer.
- In any case, the exercise of the right to withdraw is reserved exclusively to the individuals who purchase the goods for purposes not connected with an entrepreneurial, business, craft or professional activity: therefore, the right to withdraw cannot be exercised by Customers who make VAT purchases or where there is an entrepreneurial, business, craft or professional activity.
- Any complaint may be sent by e-mail to the following address firstname.lastname@example.org or by recorded mail to Alberto Fasciani s.r.l. unipersonale, via Pirelli n° 3, Loc. Girola - 63900 Fermo - FM.
- If the Customer, after receiving the products made professionally, wishes to return them for reasons not attributable to the Company, is entitled to request the Company their replacement no later than 10 days from their receipt: the Company, in return, shall be entitled to accept or otherwise to reject the request to replace the products with other different products indicated by the Customer (after further agreement on the purchase price). The delivery costs related the replacement of the products shall be paid by the Customer.
- The Company guarantees the products from any fault/defect. However, if the Customer notices any fault/defect, they may exercise the right to withdraw in case the terms set forth in art. 9 have not been expired yet.
- In any case, the Customer as “customer” (as defined in art. 9 paragraph 7) is entitled to the customer rights under art. 130 D.Lgs. 206/2005; such rights must be exercised in accordance with art. 132 of the aforesaid D.Lgs. 206/2005.
11) Limitations of liability
- The Company is not responsible in case, under unforeseeable circumstances or force majeure, it is not able to deliver the order in the terms provided for by art. 8 paragraph 3 or in case of any other inefficiency.
- The Company shall not be considered responsible, except for wilful misconduct and gross negligence, for any inefficiency or malfunctioning in connection to the use of the internet and out of control power from the Company itself.
- The Company shall not be responsible in case of damages, losses and costs afforded by the Customer following the failure to perform the contract for reasons not due to the Company, as the Customer is only entitled to the repayment of the amount paid.
- The Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time of payment of the products purchased, if the Company is able to prove the use of all the possible measures according to the best of its knowledge at the time when the event occurred.
12) Law Applicable – Competent Court
- The contracts with the Company shall be intended as undersigned in Italy and are governed by the Italian law.
- For any dispute that may arise from the application, performance and interpretation of these general conditions of sales or from the sales regulated therein, the competent court shall be in the place where the Customer is domiciled if the Customer (as defined in art. 9 paragraph 7) is domiciled in Italy.
- In all other cases the territorial jurisdiction is exclusively the Court of Fermo, excluding any other competing Court.
Pursuant to and in accordance with art 1341 and 1342 of Italian Civil Code, the Parties declare they have carefully reviewed and specifically approved the content of the following articles:
Art. 2.3 (right for the Company to change the prices of its products)
Art. 3.3 (no responsibility for the Company for any change to the products and their availability)
Art. 4.2 (obligation for the Customer to print and keep the General Conditions of Sales together with product specifications provided on the website at completion of the purchase on-line).
Art. 4.4 (conclusion of the contract)
Art. 4.5 (failure to conclude the contract in case of failure to receive the order confirmation from the Customer)
Art. 5 (the Company has the right to change or cancel orders)
Art. 7 (Customer is required to make the payment before the dispatch of products)
Art. 8.1 (the Company has the right not to arrange the dispatch of products until the integral payment of the price)
Art. 8.6 (the Company is no responsible for delays due to the courier).
Art. 8.9 first part (Customer is required to verify that at the time of delivery the parcel is intact, not damaged, wet or altered in its packaging, or proper delivery in case of no complaints)
Art. 8.9 second part (Customer is required to verify that at the time of delivery the products match with what quoted in the transport documentation and/or invoice both for quantity and type and are free from imperfections/defects in case of no complaints)
Art. 9 (right to withdraw and termination)
Art. 9.2 (exercise of the right to withdraw)
Art. 9.4 (Customer is required to return the integral product, in its original packaging, in all its parts, no later than 10 days from the date of sending the notification of withdrawal)
Art. 9.5 (repayments to the customer)
Art. 9.6 (Customer is required to pay the costs to return the product)
Art. 11 (the Company is not responsible if, under unforeseeable circumstances or force majeure, the Company is not able to deliver the order in the terms provided for art. 8 paragraph 3 or in case of any other kind of inefficiency)
Art. 11.2 (the Company is not responsible for inefficiency or malfunctioning in connection to the use of the internet and out of control power from the Company itself)
Art. 11.3 (the Company is not responsible for damages, losses and costs afforded by the Customer following the failure to perform the contract for reasons not due to the Company)
Art. 11.4 (the Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time of payment of the products purchased, if it is able to prove the use of all the possible measures according to the best of its knowledge at the time when the event occurred)
Art. 12.1 (law applicable)
Art. 12.3 (jurisdiction required if the customer has their domiciliation outside Italy)