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Goods that fall under the underlying general conditions and terms are sold by FABITA SRL CONTRADA SERRALTA SERRA SAN QUIRICO (AN) 60048 – ITALY, hereinafter referred to as “Supplier”.
Art. 1 - Definitions
1.1. “Online Sale Contract”, is intended as Sale Contract concerning tangible moveable goods of Supplier, entered into by Purchaser and Supplier during in a distance sale system through web tools, organized by Supplier.
1.2. “Consumer Code” is intended as in accordance to Italian Legislative Decree dated 6 September 2005, no. 206.
1.3. “Purchaser” and/or “Consumer” is intended as the Consumer or better the physical person who carries out the purchase under this contract, for purposes other than the ones connected to the commercial and professional activity eventually performed by him/her .
1.4. “Supplier” is intended as the subject in the caption.
1.5. “Damaged” is intended as the subject who, as in accordance to art. 114 and ss. on Consumer Code , has suffered damages due to faulty items.
1.6. “Vendor” is intended as the professional who pledges to offer warranty as in pursuance of art. 128 and ss. on Consumer Code.
Art. 2 – Subject of the Contract
2.1. The underlying contract intends that Supplier shall sell to and Purchaser shall purchase via web tools any tangible moveable goods indicated and offered on sale on www.fabitashop.it web site, consisting in household appliances and accessories.
2.2. The products specified under the afore-going paragraph are shown on the web page:
2.2.1. The image of each item offered in the catalogue referred to under point 2.2, may not necessarily correspond to the same article in terms of colour, size and may differ from it in other details .
Art. 3 – Contract Terms and Conditions
3.1. The contract between Supplier and Purchaser shall be agreed upon exclusively via Internet by Purchaser accessing www.fabitashop.it, where, following instructions given, Purchaser, shall formulate his/her proposal on the purchase of the goods as mentioned under point 2.1 of preceding article, thus stipulating the contract .
3.2. Technical means available to the receiver in order to identify and eventually correct any errors on data entered before forwarding his/her order to Supplier , shall be indicated and made available to him/her from time to time by the IT system managing the purchase procedures.
3.3. The order confirmation sent by the Purchaser according to the online purchase procedure made available by the Supplier , shall permit Supplier to identify and track IP address of the device where the order was generated from (computer, tablet, telephone cellular phone, etc.). The address will allow competent state bodies, upon Supplier’s report, to identify the device generating the order for prosecution , as pursuant to existing laws, of cases of fraud, threat attempts, theft, unlawful embezzlement, counterfeit and any other unlawful deed that could damage Supplier.
Art. 4 –Closure and effectiveness of the Contract
4.1. The purchase contract shall be intended as executable following the correct filling in of the request and agreement/consent on purchase form sent on line i.e. the filling in of the electronic order form provided on www.fabitashop.it and its forwarding after visualising the web page showing a printable summary of the order, with details of the Purchaser and his/her order, the price of the purchased goods, shipping costs and any additional costs, payment terms and conditions, the address where the parcel is to be delivered, delivery times and possibility to cancel the order.
4.2. Supplier, shall on receipt of order from Purchaser undertake to send an email confirming the order or provide the visualisation of a confirmation web page showing the printable summary of the order, which shall include the details specified in aforementioned point.
4.3. Should the afore-going details be incomplete as mentioned in point above, then shall the contract between the parties not be considered as having effect and executable.
Art. 5 – Payment Terms and Conditions and Refunds
5.1. Each payment on the part of Purchaser may be carried out only by means of one of the methods of payment listed on the appropriate web page of Supplier.
5.2. Any eventual refunds to Purchaser will be carried out via one of the methods proposed by Supplier and selected by Purchaser, in a timely manner and, in the case of cancellation of the order as in accordance to art. 13, section 2 and ss. of underlying contract , within thirty and not exceeding (30) days maximum as from date of order cancellation brought to the notice of Supplier.
5.3. All communications relating to payments are transmitted via the payment system indicated on the website.
Art. 6 –Delivery Terms and Times
6.1. Supplier shall proceed with the delivery of the goods selected and ordered according to the terms selected by Purchaser or as indicated on website on offer of the goods, as confirmed by email under section 4.2.
6.2. Shipping times may vary according to the product selected on the catalogue, and anyhow, to a maximum of thirty and not exceeding (30) working days from order confirmation. Should Supplier not be able to ship the order within aforementioned deadline but anyway within the deadline established under point above, Purchaser shall be immediately notified via email.
6.3. The shipment terms & conditions, times and costs are clearly explained and indicated on www.fabitashop.it website under Conditions of Sale .
Art. 7 - Prices
7.1. All sale prices of products displayed and indicated on Internet website www.fabitashop.it, are expressed in Euros and intended to be the correspondent price on offer to the public as in accordance to art. 1336 of Italian Civil Code.
7.2. The afore-going sale prices, are inclusive of VAT and any other eventual additional sale taxes. Shipping costs and any other additional charges (e.g. goods custom clearance), if any, provided they are not to be included in the purchase price, shall be specified and calculated during purchase procedure and before the placement of the order sent by Purchaser and to be reported on the web page showing the order summary.
7.3. Prices indicated on the goods on offer to the public are intended valid excepting until any modification be brought to them by Supplier.
Art. 8 – Availability of products
8.1. Supplier shall guarantee the availability of the goods via web tools implemented to process and carry out the order punctually: indicating in real-time on the online catalogue, the number of available /non-available products on offer, as well as established deadlines of delivery.
8.2. Should the order placed exceed the existing quantity available on stock, then shall Supplier inform Purchaser via e-mail, whether the product can be ordered or not and inform him/her on the expected times of availability of the product selected, requesting Purchaser whether he/she intends proceeding with the order or not.
8.3. Supplier shall confirm to Purchaser/User via web tools and in the shortest time possible , the registration of his/her order via email as in accordance to aforementioned point 4.2.
Art. 9 – Exclusion Clause
9.1. Supplier shall not be held liable for any inefficiency or poor services caused by force majeure , including but not limited to : war, terrorist attacks, expropriation of equipment or installations, sabotage, fires, explosions, floods, natural or weather havocs, strikes (including any ongoing company or national strikes etc. ), power-supply and water cuts lasting longer than twelve hours, and, generally, any other unpredictable extraordinary event not subject to Supplier’s direct responsibility or control that could jeopardise the smooth processing of the order placed within the timelines under the contract.
9.2. Supplier shall not be held liable towards Purchaser, excepting in the event wilful misconduct and gross negligence, for any inefficiency or poor service linked to the use of the Internet provided that it be beyond Supplier’s or Sub-contractor’s control.
9.3. Supplier shall not be held liable for any damages, losses and costs incurred by Purchaser following the non-execution of his/her order placed ( contract execution ) as long as out of Supplier’s control, excepting where Purchaser has the right to a refund on the whole price paid as well as any other additional eventual costs borne by him/her.
9.4. Supplier shall not be held liable in the event of any fraudulent or illegal use of credit-cards, cheques or other methods of payment by third parties, for the payment of the products purchased, as long as it can demonstrate having taken all the necessary precautions provided by advanced technological devices and in accordance to due diligence.
9.5. In no case shall Purchaser be held liable for any delays or erroneous dispatches of payments as long as Purchaser be able to demonstrate having executed the payment within the established deadlines and payment methods indicated by Supplier.
Art. 10 –Liability for damages , proof of damages and refundable damages: obligations of the Suppler
10.1. In accordance to art. 114 and ss. on Consumer Code, Supplier is also producer of the goods on offer online, hence Supplier is responsible for any damaged or faulty product put on sale.
10.2. Any claim/complaint lodged on the part of Claimant shall be in writing and must hence specify the damaged product, place and date of purchase, as well as the offer, if still valid, at the time of purchase.
10.3. Supplier shall not be held responsible for any consequences deriving from faulty products should such faults arise from the conformity of the product, an existing and mandatory judicial norm/rule or binding provision, or rather, should scientific or technical knowledge on the product not permit it to be considered a faulty product when supplier started to commercialize it.
10.4. Claimant shall not be eligible for any refund in the event he7she be aware of the faulty product and of the risks he/she would and could even voluntarily incur.
10.5. Claimant shall in any case be expected to prove the existence of the fault and the existing link between fault and damage.
10.6. Claimant shall be eligible for a refund for any damages incurred in case of death or personal injury, destruction or deterioration of an object/article other than the faulty product in question, as long as it regards a object intended for normal or private use and hence normally used by Claimant.
10.7. Any damages incurred as in accordance to art. 123 on Consumer Code shall anyway be considered eligible for a refund as long as the amount does not exceed the sum of three hundred and eighty-seven Euros (€ 387).
Art. 11 – Warranty and Assistance
11.1. Supplier shall be liable for any eventual existing fault and lack of conformity of the product within two (2) years from the delivery of the product.
11.2. In pursuance to the provisions set forth on the underlying contract, all the goods shall be intended in conformity to the contract as long as, where pertinent, the following conditions exist: a) they are intended fit for typical use as in products of the same type; b) they are in conformity to the description provided by the Vendor and possess the quality standards of the goods that the Vendor has offered to the Purchaser as per sample or model; c) possess the quality standards and typical performance levels of products of the same type, that the final Consumer would reasonably expect, taking into account the nature of the products and if necessary, any eventual public statements on the technical features of the products made by the Vendor, the producer or the sales-agent or representative, in particular as regards to publicity or labelling; d) they are intended suitable for particular/specific use by the Consumer as long as he/she informed the Vendor about this use at the moment of signing the sales contract , and that Vendor be fully in agreement ( accepted by conclusive facts) .
11.3. The Purchaser shall in no way be eligible to exercise any rights should he/she fail to report to Vendor any lack of conformity of the product within two months following identification of the fault on his/her part. Should Vendor acknowledge the existence of the fault or should he/she have intentionally concealed it, then shall Purchaser not need to lodge a written complaint.
11.4. In any case, unless otherwise demonstrated, it is assumed that any lack in conformity occurred within 6 months as from delivery of the product was already existing by said date, excepting where, this assumption be incompatible due to the nature of the product or the nature of the lack in conformity itself.
11.5. In the event of a lack of conformity, Purchaser shall reserve the right to alternatively request, as in accordance to the hereafter terms and conditions specified, the repair or replacement of the purchased product without bearing additional charges, or be entitled for a sale price reduction or have the right to cancel the underlying contract, unless the request be objectively unreasonable and impossible to meet or in the event the request for said cancellation be too onerous for Supplier as in pursuance to art. 130, parag.4, Consumer Code.
11.6. The request must be written via registered mail and addressed to the Supplier who shall indicate its consensus to forward the request as long as Supplier retain there be no reason to proceed and anyway shall do so within and not exceeding seven (7) working days as from receipt of the request. Supplier shall on the same message confirm to Purchaser of having accepted his/her request and hence shall indicate the terms and conditions of delivery or replacement of the product as well as the due deadline expected for the return or replacement of the faulty product.
11.7. Should the repair or replacement be deemed not possible or exceptionally onerous, or Supplier not have provided to repair or replace the product by the established deadline as in accordance to preceding point or should the replacement or repair previously carried out have caused notable inconvenience to the Purchaser, Purchaser shall withhold the right to ask for a fair reduction in price or the cancellation of the contract. Purchaser shall be obliged to forward his/her request to Supplier, who shall express its consensus to forward the request as long as Supplier retain there be no reason not to proceed with the request and anyway shall do so within and not exceeding seven (7) working days as from receipt.
11.8. The same message/notice containing Supplier’s acceptance of Purchaser’s grievance, shall also specify the price reduction proposed or the terms whereby the faulty product is to be replaced. It shall hereto be the Purchaser’s responsibility to indicate the terms and conditions for the refund of the sums previously paid to Supplier by Purchaser.
Art. 12 – Obligations of the Purchaser
12.1. Purchaser shall pledge to pay the price of the purchased product in accordance to the timeline and conditions indicated on the sale contract.
12.2. Purchaser shall pledge to, once the online purchase has been concluded, to print and keep a copy of the order referred to previously under art. 4.1.
12.3. Purchaser shall pledge to read, confirm and accept information specified on the underlying contract, as pursuant to obligations set forth therein before the confirmation of the purchase.
Art. 13 – Right to cancel the contract ( Right of Withdrawal)
13.1. Purchaser has the right to terminate the stipulated contract without bearing any additional charges and without having the obligation to specify the reason, within and not exceeding fourteen (14) working days, as from receipt of purchased product.
13.2. In the event Supplier is deemed not to have met its obligations in fully informing about the existence, conditions and timeline for the return or withdrawal of the product, in the event Consumer exercises the right to terminate the contract as pursuant to art. 52 on Consumer Code, the deadline for exercising the right of withdrawal is intended to be twelve (12) months and fourteen (14) days and shall have effect as from date of receipt of the goods by Consumer.
13.3. In the event Purchaser decide to exercise the right of withdrawal, then shall he/she be obliged to inform Supplier (“Fabita”) via registered letter addressed to Contrada Serralta, Serra San Quirico, (AN) 60048 or by fax on number 0731/880317 or by email addressed to firstname.lastname@example.org, as long as said communication have been previously confirmed by registered mail addressed to: Contrada Serralta, Serra San Quirico (AN) 60048 within the following forty-eight (48) hours. The stamp placed on the receipt issued by the post office shall be considered as the effective and valid date for both parties. For the purposes of exercising the right of withdrawal, the mailing of the communication may be replaced by the return of the product purchased, as long as it is carried out within the established deadline. Both Parties shall hereto agree that the date indicated for the delivery to the post-office or courier is to be considered as true and valid.
13.3.1. In the event Purchaser does not intend to exercise the right of withdrawal via registered mail with return receipt , but only exercise his/her right to return the purchased product, Purchaser will be provided with a return of goods form to be filled in (see link Return and Replacement ) and Fabita Srl shall hence provide to, without additional charges to be borne by Purchaser , to collect the goods sending its own entrusted courier to the address where the delivery took place or other address to be indicated.
13.4. The goods shall be returned to the Supplier not later than thirty (30) days as from receipt of the product itself. In any case, in order to be entitled to a full refund of the goods purchased, the goods shall be returned intact and in normal condition.
13.4.1. The purchased product must be returned in normal condition, ensuring its good care and shall be provided with the original packing. The goods shall be with the original packing, provided with all elements for packaging, packed again in observance of all the measures deemed suitable in order to facilitate the smooth and safe transport of the goods. For this purpose, the original packing of the product further to another protective wrapping is recommended in order that the product be protected from any writing or application of appropriate labels etc. of any type or adhesives that could alter its original condition.
13.5. Purchaser is not entitled to exercise the right of withdrawal in the case of customised products or that are otherwise clearly personalised or owing to their nature, cannot be returned due to quick deterioration or alteration , including the supply of newspapers, periodicals or magazines, in addition to goods whose price is linked to financial market rate fluctuations which, for their nature, are not subject to the control of the professional as pursuant to art. 55 on Consumer Code.
13.6. The only costs on the charge of Consumer in exercising his/her right of withdrawal as pursuant to existing provision in underlying article, are direct costs for returning the product to the Supplier unless Supplier has given his consensus to bear said costs.
13.7. Supplier shall provide without additional charges to refund the entire sum paid by Purchaser within thirty and not over (30) days as from receipt of withdrawal notice.
13.8. On receipt of the communication whereby Purchaser informs of exercising his/her right to terminate, the Parties of the underlying contract shall hereto be considered free from any reciprocal obligations set forth, excepting as otherwise prescribed under previous provisions of present article.
13.9. Purchaser has the faculty to ask for the replacement of the purchased product and is entitled to have goods collected as prescribed under point 13.3.1 through the filling in of the replacement form (see link Return and replacement of goods). In this event, the product to be replaced must be returned in accordance to the terms and conditions previously set forth under point 13.4.1.
Art. 14 – Grounds for termination
14.1. The obligations set forth under point 12.1, assumed by Purchaser, as well as the guarantee for payment goodwill which the Purchaser shall carry out in accordance to the methods specified under point 5.1, as well as the fulfilment of running obligations on the part of Supplier as under section 6, acknowledging said obligations to be essential, the Parties shall hereto for this reason, expressly accept and agree that the non-fulfilment of any but one of the obligations set forth, if not determined by chance or force majeure, shall result in the termination of the contract ex art. 1456 c.c., without any legal proceedings.
Art. 15 – Purchaser’ s Data Protection and Processing
15.1. Supplier shall protect the privacy of all its clients and guarantee that the processing of data is in compliance with the norms on Privacy Act pursuant to legislative decree dated 30 June 2003, no. 196.
15.2. Personal registrar and fiscal data directly acquired by the afore-mentioned main office of the company and/or third parties, from Fabita Srl represented by Mr. Stefano Molinelli, Data Controller, shall be collected and processed also by external personnel entrusted with the task of managing the website, on paper, via web and IT tools , in accordance to the modalities on data processing with the purpose of entering the order thus activating the procedure to execute the underlying contract and relating necessary communications, further to the fulfilment of any eventual obligations set forth by the law, as well as permitting an efficient management of commercial relations in such a way as to enable the proper and efficient performance of the service required (art. 24, para.1, section b, legislative decree 196/2003).
15.2.1. In particular, notice is given that IT systems and software procedures implemented for the proper functioning of this website, acquire, during their normal operations, some personal data whose acquisition is implied in the use of communication protocols on the internet. This information shall not be collected for the purpose of personally associating it to the User concerned, but which for its type and nature, could, through elaborations and associations with data detained by third parties, permit identifying the User. This category will include IP addresses or domain names of the computer used to connect to the website, URI (Uniform Resource Identifier) resources requested, number code indicating the state of the data reply from the server (e.g. success or error) and other parameters relating to the operational system and informatics environment of the User. The aforementioned data may be implemented for ascertaining responsibility in the event of hypothetical IT offences against the website.
15.2.2. Cookies are not used in the transmission of personal data, neither are the so-called persistent cookies of various types, or systems for the tracking of users. The use of session cookies (that are not memorized/stored in a persistent way on the user’s computer vanish when shutting down the browser) is strictly limited to the transmission of sessional identifiers (constituted by random numbers generated by the server) essential in facilitating safe and efficient surfing on the site.
15.3. Supplier shall pledge to process all data and information transmitted to it by Purchaser and not to disclose them to non-authorised persons, neither to use them for purposes other than the ones for which they were collected or to transmit them to third parties. Afore-mentioned data may be exhibited only upon request of judicial authorities or other authorised officials.
15.4. Personal data shall be transmitted to, only following subscription to a confidential commitment on privacy of data, subjects entrusted with the task of executing necessary activities relating to the contract stipulated and notices issued exclusively for this purpose.
15.5. As pursuant to art. 7 of legislative decree 196/2003, Purchaser withholds the right to: a) update or correct, upon request, the integration of his/her data; b) cancel, transform into anonymous form or block unlawful processed data, including data that are deemed unnecessary to store for the initial purpose they were collected for or processed; c) obtain a declaration that the actions/activities referred to under a) and b) have been made known , including their contents as well , to those to whom such data were transmitted to or spread, excepting where this fulfilment would be impossible or would involve the use of means manifestly disproportionate to the protected right. The person concerned also withholds the right to object to wholly or in part regarding the following: i) for legitimate reasons concerning the processing of his/her personal data, even though connected to the purpose of the data collection; ii) the processing of his/her personal data for the purpose of advertising material as well as direct selling or for the purpose of market survey or commercial communication.
15.6. The transmission of personal data on the part of Purchaser is the necessary premise for the correct and immediate execution of the underlying contract. In the absence of this, Purchaser’s request will not be processed.
15.7. In any case , data collected shall be stored for a period of time and no longer other than for the purposes the data have been collected or then processed. Cancellation of data shall be carried out in a safe way.
15.8. The Data Controller is Supplier, represented in the person of Mr.Stefano Molinelli, to whom, any request made on the part of Purchaser may be sent to.
15.9. All messages that shall be received at the postal or electronic address of Supplier (such as requests, suggestions, ideas, information, materials etc.) shall not be deemed as information or regarded as confidential as such, however it shall be in observance of the rights of others and shall contain valid information as long as it be deemed harmless and respectful of the rights of others and truthful, in no circumstance can Supplier and/or Data Officer be held responsible for the processing of data or in no way for the contents of messages as well.
Art. 16 – Terms and conditions for archiving of the contract
16.1. As pursuant to art. 12 of legislative decree 70/2003, Supplier shall bring to the notice of Purchaser that each and every order he/she shall place will be kept on the server in a digital/paper form at the main office of Supplier in observance of privacy and security criteria.
Art. 17 – Notices and complaints
17.1. Written communications addressed to Supplier and eventual complaints filed shall be retained valid as long as they are sent to the following address: Contrada Serralta, Serra San Quirico (AN) 60048 or transmitted via fax on 0731/880317 or sent via e-mail to the following address: email@example.com. Purchaser shall indicate on the registration form his/her own address/domicile, phone number or email address where he/she will have indicated to have Supplier’s messages sent.
Art. 18 – Settlement of disputes
18.1. Any disputes and controversies arising from or connected to the sale contract shall be handed over to the Chamber of Commerce in Macerata and settled in accordance to Dispute Resolution Rules and Regulations adopted by the same body.
18.2. Whereas the parties intend appealing to an ordinary judicial authority, the competent Court of Jurisdiction shall be mandatory and correspond to that of the place of residence or domicile address of the Consumer, in pursuance to art. 33, para. 2, section u) legislative decree 206/2005.
Art. 19 – Applicable law and postponement
19.1. The underlying contract shall be subject to Italian law.
19.2. In so far as not expressly set forth, provisions of law applied to the underlying contract and similar types of contracts shall apply and in particular, shall fall under art.6 on Community regulation Rome 1.
19.3. As pursuant to art. 60 l.d. 206/2005, special reference will be made to disciplinary rules contained under Section III, Title III, Chapter I l.d. 206/2005.
Art. 20 – Final provision
Underlying sale contract cancels and replaces each and every previous written or oral agreement, understanding, negotiation, that may have been met between the Parties concerned in fulfilment of underlying contract.