1) DEFINITIONS
The term “online sales contract” refers to a contract of sale relating to tangible movable property of the Seller to the Purchaser, in a distance selling environment, using telematic means, managed by the Supplier.
The term “Purchaser” refers to the consumer as a natural person who performs the purchase, to which this contract relates, for purposes unrelated to commercial or professional activities in which they are potentially involved.
The term “Supplier” refers to the subject who performs the sale of the goods to which the present contract relates.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Supplier:
The goods to which the present general conditions relate are offered for sale by Forma Italia srl with headquarters at Montegranaro (FM), Via Sandro Pertini 1, registered with the Macerata Chamber of Commerce, Register of Companies no. 01383870431, tax identification number 01383870431, IVA (VAT) number 01383870431.
Purchaser:
Expressly declares to have performed the purchase for purposes unrelated to commercial or professional activity pursued and undertakes not to trade in the goods purchased.
3) OBJECT AND CONCLUSION OF THE CONTRACT
With this contract, the Supplier sells and the Purchaser purchases remotely via telematic tools only the tangible movable goods indicated and offered for sale on this Site.
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address of this Site, where, following the procedures indicated, the Buyer will formalize the request for the purchase of the goods offered for sale.
The Purchaser will fill in and send online the order form -which constitutes an irrevocable order-, which will be displayed on the order summary web page, printable, which contains the details of the sender and the order, the price of the purchased goods and shipping costs, the methods and terms of payment and the address where the goods will be delivered.
When the Supplier receives this order from the Purchaser, he will send a confirmation e-mail and / or display a printable confirmation and summary web page of the order, which also contains the data entered by the buyer in the order form. The contract is considered finalized and binding between the parties only with the execution of the order and the fulfillment of the same, through the delivery of the goods to the courier for shipment. The Supplier has the possibility to refuse the order up to that moment.
Specifically, each order sent constitutes an offer for the purchase of the Supplier’s products. Orders are subject to availability and acceptance by the Supplier who may, at any time and at his discretion, refuse to accept the Buyer’s order, including, for example, cases where:
– orders cannot be executed due to an error in the information provided by the Buyer, for example, when it provides: insufficient or incorrect payment information, incorrect billing information; insufficient or incorrect delivery address information – in this regard, the Buyer is asked to note that the Supplier does not send products to PO boxes; or misleading information;
– an error has occurred on the website, relating to the products ordered; for example, an error relating to the price or product description, as shown on the website;
– the products ordered are no longer available on the website;
In such cases, the Purchaser will only be entitled to a full refund of the price paid and to no further compensation. The invoice or sales note will be issued by Forma Italia SRL in digital form.
4) METHOD OF PAYMENT AND REFUND
The Supplier accepts that the payment of the ordered products is made by means of the main Credit Cards, PayPal, Klarna and, only for Italy, Cash on delivery (the choice of payment by cash on delivery involves an additional cost of 4 euros and the payment to the courier must be made exclusively in cash). In the case of payment by Credit Card or PayPal, the credit card data is processed directly by the bank to which the Supplier has entrusted the management of the payments, while the PayPal data is managed directly by PayPal; the information is encrypted through the use of the latest generation encryption systems which prevent it from being used by third parties and it is sent directly to the bank. The Supplier reserves the right to make a request to the bank issuing the authenticity verification card on the ownership of the card itself or to PayPal in case of issues. At the end of this check, in case of a positive outcome, the procedure will follow in order to reach the conclusion of the contract. Any refund to the Purchaser, if he is entitled to it, will be made by crediting with reversal of the payment by Credit Card or PayPal or by Bank Transfer. In the case of payment by Bank Transfer and Cash on Delivery, the refund will be carried out by crediting within 30 days since the date the Supplier became aware of the cause that generates the right to a refund.
5) DELIVERY TIME AND METHOD
Order fulfillment time can vary, from the day of the order to a maximum of 4 working days, within which the invoice or sales note will be issued and consequently the order will be accepted, with the beginning of the execution of the same. In the case in which the Supplier is unable to ship within this period, a timely notice will be given to the Buyer via e-mail, indicating the deadline by which the order will be processed. The fulfillment of the order will generate the shipment of the same, which will take place by entrusting the products ordered to the BRT courier or equivalent for deliveries on Italian territory or to the DHL courier or equivalent for deliveries in the rest of the world. Delivery times may vary according to the country of destination and other factors not directly controllable by the Supplier and not attributable to it.
6) SHIPPING AND DELIVERY COSTS
The Supplier exclusively sends goods to Italy and throughout Europe (members of the EC).
For shipments destined to EC member countries, the DDP shipment system (Delivery Duty Paid) will be used: in the case of the aforementioned destinations, the goods will directly arrive at the place of delivery specified, without having to pay additional sums of money with respect to the shipping costs already paid at the time of placing the order. The fees paid include shipping costs, duties and local taxes. The shipping costs will be indicated and calculated during the purchase procedure before the Buyer places the order and will also be contained in the overview page that summarizes the placed order.
For shipments destined to countries unmentioned above, the DDU shipment system (Delivery Duty Unpaid) will be used: the courier may come with a separate invoice with which he requests the payment of duties and taxes required by local authorities. In the event that the amount of these expenses is known or known by the Supplier, the latter at the time of purchase can inform the Buyer of the relative amount or can provide indications to calculate them. In any case, the Buyer who lives in one of these countries is advised to inquire about local taxes and duties, before placing an order to the Supplier.
7) GOODS INSURANCE AND SUPPLIER RESPONSIBILITY
The Supplier insures the products against theft and accidental damage from the moment of delivery to the courier until the moment they reach their destination. The risk of loss or damage to the goods remains with the Supplier until the Buyer or a third party designated by him physically enters into possession of the goods.
8) PRICES
All product sales prices advertised and indicated on this internet website are expressed in EURO and also in different currencies, depending on the country of destination the Purchaser has selected the goods from (the country of delivery of the goods is automatically set by the system with the user geolocation. Users can, in any case, change the country of delivery at any time) and constitute an offer to the public in accordance with art. 1336 c.c., they also include VAT and all other charges relative to delivery within EC territory. For delivery costs, taxes and delivery to Countries outside the EC, please refer to point 6) above. The prices indicated corresponding to each of the goods offered to the public are valid up to the moment the order is placed and indicated on the order summary page. Furthermore, the Supplier may alter prices and conditions at any time. In relation to the Purchaser, the information that appears on the order summary page will be considered valid. Please note that the prices charged for any product purchased on the website may vary depending on the level of prices on local markets and any applicable custom fees.
9) PRODUCT AVAILABILITY
The Supplier through the electronic system used ensures the processing and fulfillment of orders without delay. If an order exceeds the quantity existing in the warehouse, the Supplier – via e-mail – will notify the Buyer if the asset is no longer bookable and the waiting times to obtain the chosen asset, asking if the Buyer intends to confirm the order or not. The IT system of the Supplier confirms the registration of the order as soon as possible by sending the user a confirmation via e-mail, which does not produce any legal obligation, since it is a simple summary of the order.
10) LIMITATIONS OF LIABILITY
The Supplier does not assume any responsibility for disservices due to force majeure, in the event that it is unable to execute the order within the times anticipated in the contract. The Supplier cannot be held liable to the Purchaser, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the internet outside of its own control or of its sub-suppliers. The Supplier will also not be liable for damages, losses and costs suffered by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, having the Purchaser only the right to the full refund of the price paid. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards when paying for the products purchased, if the abovementioned proves having adopted all the possible ordinary precautions of the moment and based on ordinary diligence.
- RESPONSIBILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER
As for any damage caused by defects in the Products, we will apply the provisions of European Directive 85/374 / EEC and the Consumer Code.
12) GUARANTEES AND METHODS OF ASSISTANCE
The Supplier is liable for any defect or defect ascertained of the product and attributable to him on condition that this defect or imperfection has been reported by registered letter with return receipt at Forma Italia Srl, Via Alessandro Volta, 9 62010, Pollenza (MC) – Italy, or sent by fax to n. +39.0733.206182, or sent by e-mail to [email protected] within eight days since delivery. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
With regard to the guarantees of conformity of the products purchased, the legal guarantees provided by law are also applicable to the sale of products regulated by these general conditions. In the event of non-compliance of the delivered products, articles 129, 130 and 131 of the Consumer Code will therefore apply.
13) OBLIGATIONS OF THE PURCHASER
The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the Contract. Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep the web page that contains the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser, who acknowledges it, since a reference to this web page is shown when the order is finalized.
14) RIGHT OF WITHDRAWAL
14.1 The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day the order is sent.
14.2 In any case, in the event of any late deliveries, the Buyer is guaranteed the term of 14 days from receipt of the product to carry out the withdrawal. If the Buyer decides to exercise the right of withdrawal, he must notify the seller via email to [email protected]. Returns of custom-made or personalized items are not accepted. The only costs payable by the buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning to the Supplier. Goods not regularly returned to customs will be refused and not refunded. The Supplier will refund the amount due to the Purchaser (equal to the amount paid for the purchase of the product) following the withdrawal within the term of 14 (fourteen) days from receipt of the goods on condition that the goods have been returned in original condition and unused. The Buyer must send the returned goods to the following address: Forma Italia Srl – Via Alessandro Volta, 9 – 62010 Pollenza (MC) – Italy.
15) STORAGE OF THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order placed is stored in digital form on the server where the Site is hosted, according to criteria of confidentiality and security.
16) COMMUNICATIONS AND COMPLAINTS
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address Forma Italia Srl – Via Alessandro Volta, 9 – 62010 Pollenza (MC) – Italy, or sent by fax to n. +39.0733.206182, or sent by e-mail to [email protected]. The Purchaser indicates his residence and domicile, telephone number or the e-mail address (to which he wishes the communications of the Supplier to be sent) in the registration form.
17) DISPUTE SETTLEMENT AND APPLICABLE LAW
All disputes arising from this contract if the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence of the Purchaser.
This contract is regulated by the Italian law.
18) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
The confirmation of the order implies the acceptance of these general conditions for the Buyer.
These conditions may be updated or modified directly with the transcription of the new standard on this Site. The modification or update will be valid and effective for orders that have not been entered yet and for which the page has not been displayed and printed, which summarizes the order data.