terms and conditions of faravetrerie.it

Premise

The offer of this online shop is proposed by the company Fara S.r.l. in compliance with current regulations on electronic commerce and distance contracts.

Company data

Fara S.r.l, via Tevere, 6 Loc. Martignana, Montespertoli (FI), 50025, Italy
P.I. 03168470486
Tel : 0571676176 | Fax : 0571676003
E-mail: info@faravetrerie.it

The Customer declares to have read all the aforementioned information and general conditions of sale before placing the order.

General conditions of Sale

These general conditions govern the methods of sale of the products marketed by Faravetrerie.it (the “Products”). All contracts for the sale of Products by Fara S.r.l. to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and purchase order confirmation of the Products themselves. The conditions of sale applicable to orders are those in force on the date of the order itself.

1. Products: prices and characteristics

1.1 Unless otherwise indicated, the prices of the Products published on the site by Fara S.r.l. they are expressed in Euros and include VAT. Shipping costs are excluded. Shipments outside the European Community (extra EU) are also net of any customs duties, which will be paid by the recipient and will be requested by the shipping company during delivery. The price guaranteed to the buyer is the one published on the Site at the time the order is sent. The price established at the purchase is fixed and definitive. The prices of the Products published from time to time by Fara S.r.l. on the site cancel and replace the previous ones and are subject to the actual availability of the Products. The technical and functional characteristics relating to the Products, published by Fara S.r.l. through their own information messages on the descriptive internet pages of the articles, correspond to those provided by the manufacturer. Product images are indicative and non-binding. The Products are not provided on trial. Although the notes on faravetrerie.it may provide information on the characteristics of the Products, the Customer is responsible for choosing the Products ordered and for ensuring that the specifications indicated by the manufacturer meet and conform to their needs.

2. Orders – invoicing

Each order of Products sent to Fara S.r.l. constitutes a contractual proposal from the Customer. The fulfillment of the order by Fara S.r.l. is equivalent to confirmation and acceptance thereof. The tax documentation relating to the Products ordered will be issued by Fara S.r.l. at the time of shipment of the Products themselves to the Customer. The Customer must indicate the exact data necessary for invoicing and specify the shipping address of the invoice itself.

3. Execution of the order

The order will be executed within the terms specified on the Site. Once confirmed, the order can only be canceled within 12 hours, after which the customer is obliged to pay. In compliance with the relevant laws, the customer can still return the order within 14 days, following our Return Policy (See point 9). In case of failure to execute the order by Fara S.r.l. (if the same is due to unavailability of the Products ordered by the Customer), Fara S.r.l. will inform the Customer as soon as possible of the expected delivery times for the supply of the missing Product. If the Customer does not intend to wait this time, in any case not exceeding 30 working days, Fara S.r.l. will reimburse any sums already paid by them for the supply not carried out. In case of breakage, out of stock or unavailability of the Product ordered, Fara S.r.l. undertakes to inform the Customer as soon as possible and to specify a deadline for availability. The Customer will confirm his choice by email, i.e. wait for the Product to be available or request a refund.

4. Acceptance of the order

The conclusion of the contract will take place only upon confirmation of the order by Fara S.r.l.
The Customer will receive a notification of receipt by fax, post or e-mail containing the order confirmation with all the elements constituting the contract (products ordered, prices, delivery dates, shipping costs).
Fara S.r.l. reserves the right not to confirm an order for any reason relating in particular to a problem regarding the order received or the supply of Products.

5. Delivery of products

The Products are delivered to the address indicated by the Customer. Shipments will take place after receiving confirmation of payments: for payment by credit card, the confirmation of the transaction from the circuit will prevail. Per le nostre spedizioni ci affidiamo al servizio di TNT e Mail Boxes Etc.

5.1 Delivery times

Deliveries usually take place within 24/48 hours for Italy and 3/8 days for other destinations only for products available in stock. Shipping times are indicated in working days. Any delays in deliveries of less than 30 (thirty) days do not give the Customer the right to refuse delivery of the Products, nor to claim compensation or compensation of any kind. Fara S.r.l. has the right to make, if it deems it appropriate, the request for delivery of the Products (even relating to the same order) in several successive phases. Delivery is considered to have been made from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.

5.2 Deliveries to the floor

Deliveries are to be intended exclusively at street level. Specific delivery conditions and terms must be agreed in advance between the Customer and Fara S.r.l. and accepted in writing by Fara S.r.l.

It is important to know that:

Upon delivery, the Customer must verify the content, conformity and condition of the Product(s). Therefore, upon delivery, Fara S.r.l. recommends that the Customer proceed to check the status of the Products delivered before signing the acknowledgment of receipt, and to ensure in particular:

If the Customer notices anomalies, he is required to refuse delivery of the products or write down his reservations in a detailed and dated document. If the courier’s document is signed without placing any “reservations”, the Customer will not be able to make any objection regarding the external characteristics of what was delivered. Any problems relating to the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery. Fara S.r.l. has the right, at its sole discretion, to deliver the Products ordered via a courier of your choice.

6. Collection of products in case of absence of the customer

In case of absence of the recipient during delivery, the carrier will leave a notice of passage at the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier. In case of failure to collect within the deadline established by the carrier, the Products will be returned to Fara S.r.l., which reserves the right to refund the price of the Products, leaving the shipping costs to be paid by the Customer. In the event of an error regarding the Product, the Customer undertakes to return said Product or Products affected to Fara S.r.l. within 14 (fourteen) days of receipt, with the package closed, in their original condition and packaging and with the accompanying documents. Once the Product has been received in the correct form and manner, Fara S.r.l. will return, at its own expense, the Product initially ordered.

7. Force majeure

Explicitly, the following cases are also explicitly considered as cases of force majeure, in addition to those normally considered by jurisprudence: – total or partial strikes, internal or external to the company, blocking of means of transport or supplies for any reason , government or legal restrictions, IT failures, blocking of telecommunications including networks and in particular the internet. In case of force majeure, the execution of the order will be suspended, initially, by right. If after a period of 3 (three) months and the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

8. Product Guarantees – Technical assistance

Fara S.r.l. guarantees only the material integrity of the Products at the time of delivery (hereinafter, the “Fara S.r.l. Guarantee”).

8.1 Any defects covered by the Fara S.r.l. Warranty must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the delivery date. In case of operation of the Fara S.r.l. Guarantee, the Customer will only have the right to the replacement of the damaged Products upon return of the same, the Customer’s right to compensation for any damage, even further, being excluded. The shipping costs necessary for replacing Products are borne by Fara S.r.l..

8.2 Without prejudice to the provisions of the previous article 8.1, Fara S.r.l. does not provide any guarantee regarding the Products regarding the suitability of the Products for the specific use intended by the Customer.

8.3 Without prejudice to the cases of willful misconduct or gross negligence of Fara S.r.l. it is hereby agreed that, should the liability of Fara S.r.l. be ascertained in any capacity towards the Customer – including the case of total or partial failure to fulfill the obligations undertaken by faravetrerie.it towards the Customer as a result of the execution of an order – the responsibility of Fara S.r.l. cannot be higher than the price of the Products purchased by the Customer and for which the dispute arose.

Right of withdrawal

9.1 Pursuant to art. 5 of Legislative Decree 22 May 1999 n. 185, the Customer (if he qualifies as a “consumer” pursuant to art. 1 letter b) of Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and return the Products ordered, without any penalty and without specifying the reason, within 14 (fourteen) days of receipt of the Products themselves.

9.2 The right of withdrawal referred to in the previous article 9.1 can be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires 14 days after the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us

To respect the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

9.3 By withdrawing from the contract, the Customer will be refunded all payments made to us, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by us) , without undue delay and in any case no later than 14 days from the day on which we are informed of the decision to withdraw from this contract. These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, you will not incur any costs as a consequence of such reimbursement. The refund may be suspended until the goods are received or until the consumer demonstrates that he has sent the goods back, whichever is earlier.

9.4 The returned goods must be returned or delivered to us at the address Fara S.r.l., via Tevere, 6 Loc. Martignana, Montespertoli (FI), 50025, Italy without undue delay and in any case within 14 days from the day on which the Customer communicated to us his withdrawal from this contract. The deadline is met if the goods are sent back before the 14 day period has expired. The direct costs of returning the goods will be borne by the Customer.

9.5 The Customer is responsible only for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The returned good must be in resalable condition.

The right of withdrawal referred to in the previous article 9.1 cannot be exercised by the Customer if the Products purchased have been made according to the Customer’s requests or are personalized

Fara S.r.l. recommends the Customer to:

• check the status of the Products delivered before signing the acknowledgment of receipt, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment
• check that the packaging is intact, not damaged, wet or otherwise altered
• check the integrity of the contents. If any discrepancies are found, the Customer may refuse to accept the package by signing their refusal.

10. Payment

Payment of the fee is due at the time of ordering. The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as, if necessary, to pay or have the VAT or other taxes relating to the import paid directly to the courier or carrier of the Products in the countries where delivery will take place. The Customer pays for the order: by credit card as proposed on the Site. The Customer guarantees Fara S.r.l. the fact of having any necessary authorizations to use the credit card payment method when ordering or via Paypal. The Customer guarantees Fara S.r.l. the fact of having any authorizations necessary to use the Paypal payment method when ordering.

11. Non-payment – Retention of title

The Products ordered remain the property of Fara S.r.l. until the final and full payment of their price (pursuant to Art. 1523 and following of the Civil Code) Fara S.r.l. reserves the right to claim the Products ordered in the event of non-payment. In this case and at the request of Fara S.r.l., the Customer undertakes to return any unpaid Product, at his/her own expense.

12. Complaints

Complaints for non-conformity of the Product(s) delivered with the order must be sent in writing directly to Fara S.r.l., immediately after receipt of the goods. We advise the Customer to keep the original packaging and the delivery document.

13. Name information

The computerized processing of information, including the management of the email addresses of users of the site, is carried out in compliance with the provisions of the law. The nominative information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any guarantee contracts. For this purpose, this information may be communicated to the contractual partners of Fara S.r.l.. The Customer may object to such communication and pursuant to the law exercises the right to access, modify, rectify and delete data concerning him by contacting: Fara S.r.l., via Tevere, 6 Loc. Martignana, Montespertoli (FI), 500025, Italy. To avoid any attempt at fraud, Fara S.r.l. may ask you for proof of your identity and domicile.

14. Electronic signature

The “validate click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

15. Failure to opt out

For Fara S.r.l. the fact of not asserting a failure on the part of the Customer with respect to any of its obligations cannot be interpreted as a waiver of the obligation in question and of the possibility of asserting this failure at a later time.

16. Integrality of the contract

These general conditions of sale constitute the entire obligations of the parties. No other general or particular conditions communicated by the Customer may fit into or go beyond these general conditions.

17. Intellectual Property

Fara S.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements that are contained in the online store catalogue, consequently, the partial or total reproduction, on any type of support, of the elements that make up the Site and the catalogue, their use as well as their transfer to third parties are formally prohibited. Fara S.r.l. it is also the owner of the registered trademark Assaggiaolio®.

18. Nullity

If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.

19. Jurisdiction

In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory legal provisions aimed at protecting consumers (as defined pursuant to art. 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute connected to these General Conditions will be referred to the exclusive jurisdiction of the Court of Florence. Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the Fara S.r.l. General Conditions of Sale: 1-2-3-4-5- 6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.

Last modified: September 30, 2020