Conditions for use of the website
These general conditions govern access to the e-commerce checkout (hereinafter the “www.fope.com“) and use of the services and contents given therein (such as, merely by way of example: images, software, texts, trademarks and logos and combinations of colours, structures and designs). Anyone accessing and/or using the Website is classified as a “User” and accepts, from the very first access and/or use, these conditions, which shall apply regardless of the General Conditions of Sale governing any purchase of products featured in the website on-line catalogue. Failure to accept these Conditions will prevent any further access to or use of the Website contents and services.
ARTICLE 1: THE PORTAL
Access to the website www.fope.com is free and free of charge. The website www.fope.com is managed by FOPE Spa Via Zampieri Giuseppe, 31, 36100 Vicenza – Italia – C.F. / P.IVA 00163880248 – REA: 114378. The User declares that he/she accepts the website “as-is”. FOPE Spa will not be held liable for any direct or indirect damages as may ensue from use of the website. The Portal and its contents may be altered or replaced at no notice. Requests for information and/or clarification can be sent to: [email protected]
ARTICLE 2: PROTECTION OF PRIVACY ON-LINE
ARTICLE 3: USER OBLIGATIONS
The user undertakes not to transmit, disclose, send, communicate or save information and other materials:
Any unlawful conduct or conduct in breach of the provisions herein, shall be pursued in accordance with the law in the competent settings.
ARTICLE 4: COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS
All copyright relating to the website contents (such as, merely by way of example, text, graphics, photographs, images and user interface), as well as the selection, coordination and organisation of such, are the property of FOPE Spa, its associates and any third party licensees. No declaration as may be given on the website constitutes a licence or industrial rights over the copyright of FOPE Spa or third parties. The website contents are intended for User and Customers of the website only; any unauthorised commercial use of the contents is strictly prohibited. The User may freely view the website contents, print them out, copy them and save them to the hard disk of his/her own computer or to any other physical storage device, at his/her own responsibility and exclusively for personal and private use, in compliance with current copyright protection legislation. All rights relating to trademarks, product names, brand names, logos, packaging and design of all products or services of FOPE Spa, its associates or third parties, both in extended form and with the symbol of the commercial trademark, belong to their lawful owners, in compliance with international agreements and current applicable laws. All use that may violate these rights is strictly prohibited.
ARTICLE 5: HYPERLINKS
The website may contain hyperlinks to other websites. FOPE Spa refuses all liability for any contents or services offered by third parties and cannot guarantee the technical availability, reliability and lawfulness of any material or information contained on the linked websites. In the same way, the inclusion of a link does not mean any type of association, merger or investment of FOPE Spa with the owners and contents of the linked websites.
ARTICLE 6: TERM AND AMENDMENT OF THESE CONDITIONS
FOPE Spa reserves the right to amend these General Conditions for Access and Use at any time, with no need to provide notice to this effect. Any amendments will come into force immediately as from the first time they are published on the website and until any new changes may be made.
ARTICLE 7: APPLICABLE LEGISLATION
Italian law applies to all relations between FOPE Spa and the User.
General terms and conditions of sale
These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) are valid exclusively between the company FOPE SPA whose registered office is in Via Zampieri Giuseppe, 31, 36100 Vicenza REA No. 114378, VAT No. 00163880248 (hereinafter, “FOPE”), and any person, hereinafter referred to as a “Customer”, who shops online on the website www.fope.com. The Customer declares having read and understood the General Terms and Conditions, as published on the website www.fope.com. FOPE reserves the right to unilaterally adapt these General Terms and Conditions and amend them on the website www.fope.com. The publication date of the General Terms and Conditions on the website is equivalent to the entry into force date.
These General Terms and Conditions govern purchases made on the website www.fope.com in accordance with the provisions set out in the Consumer Code, Legislative Decree No. 206/2005, amended by Legislative Decree No. 21/2014 and by Legislative Decree No. 70/2003 regarding e-commerce.
SUBJECT OF THE CONTRACT
Within the scope of these General Terms and Conditions, FOPE sells the Customer, who remotely purchases, the goods indicated and offered for sale on the website www.fope.com. The contract is exclusively concluded electronically, online, by the Customer visiting the address www.fope.com. The products are sold with the characteristics described on the website indicated above. The images relating to the items for sale on the website www.fope.com are representative of FOPE’s jewellery and have the purpose of presenting the product. However, the illustrations may not represent all the aspects of the actual product, and there may be slight colour or aesthetic/morphological differences, solely due to the photographic reproduction process. These differences may not be the subject of claims by the customer.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Customer, by electronically sending their purchase order, declares having read and accepted these General Terms and Conditions and undertakes to observe and comply with them in their dealings with FOPE. These General Terms and Conditions automatically apply to all purchases made by the Customer via the website www.fope.com and will remain applicable for an indefinite period of time.
The Customer buys the product, whose characteristics are illustrated online in the related descriptive and technical data sheets, at the price indicated therein. The contract concluded between the Customer and FOPE is understood as concluded when the order placed by the Customer is correctly processed, i.e. the product is delivered to the Customer’s address, provided that FOPE has received confirmation of the authorisation of the payment for the total amount due and/or the availability of the product has been confirmed by FOPE. The order sent by the Customer will be therefore only be binding for FOPE once the conditions referred to above have been met. FOPE shall not be liable for malfunctions of the data transmission network attributable to the operator. The purchase order received will be stored in the website’s database for the time needed to process it. Before taking care of the order, FOPE will send the Customer confirmation of receipt of the purchase order sent, via email, containing a summary of the essential characteristics of the products purchased, a detailed indication of the price and the payment method chosen by the Customer. The Customer shall, without delay, check the contents of the communication and immediately report any errors or omissions to FOPE at the address [email protected].
PRICE AND PAYMENT TERMS
All prices for the products indicated on the website www.fope.com include VAT and shipping costs. The prices of the products may be updated by FOPE at any time. In any case, the goods will be invoiced based on the prices shown on the website when the order is created and indicated in the confirmation email sent to the Customer by FOPE. The Customer can make the payment due by choosing one of the following methods listed below:
FOPE will not be responsible for any misuse or fraudulent use that may be made by a third-party credit card or other means of payment when purchasing the product, as it is not, at any point in the purchasing procedure, able to know the credit card number the Customer which is transmitted directly to the banking service operator via a secure connection.
DELIVERY OF THE PRODUCTS
The products ordered by the Customer will be delivered according to the method selected by the Customer, from those available and indicated on the website when placing the order.
Products purchased on the website indicated above, are delivered in suitable packages that will ensure their safety and integrity also during transport.
The item purchased, together with the relevant invoice is delivered by courier to the delivery address specified by the Customer when placing the online order. The delivery time is estimated to be 7/20 working days and may vary by product and size/colour and is indicated in the product data sheet.
If paying by credit card, there may be a change in delivery times, due to administrative checks.
If paying by bank transfer, shipping times will be calculated from the payment confirmation date.
The delivery time indicated in the order should not be considered exhaustive, nor essential for the performance of the contract. The Customer may not in any case request the termination of the contract, within 30 days of confirmation of the order, and before FOPE has been granted an additional period of 15 days.
The Customer can track the shipment from the courier’s website, by entering the references that FOPE will communicate to the Customer via email.
/ The Customer undertakes to promptly check and, in any event, no later than 14 days from the delivery date, that it includes all and only the products purchased and inform FOPE in writing of any defect with the products received; otherwise, the products shall be deemed accepted.
At the time of delivery of the goods by the courier, the Customer is obliged to check that: (a) the number of packages delivered corresponds to that indicated in the carriage note; (b) the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials.
Damage to the packaging and/or a lack of correspondence between the number of packages, must be immediately notified by affixing “subject to check” in writing on the courier’s delivery note. Once the courier’s document has been signed, the Customer will not be able to dispute the external characteristics of that delivered.
No responsibility can be attributed to FOPE for delayed or non-delivery attributable to causes of force majeure (such as, for example, but not limited to, acts of war, strikes, states of emergency at national or local level, lack of transport infrastructure, malfunction and disruption to the Internet network, earthquakes) or unforeseeable circumstances.
AVAILABILITY OF PRODUCTS
The availability of the products should be understood as referring to when the Customer places the order. This availability must however be considered indicative because (a) the products could be sold to other Customers before the order is confirmed, due to the effect of the simultaneous presence of multiple users on the website, and (b) a computer fault may occur that makes a product available to purchase that in reality is not.
Also, the goods may become unavailable after FOPE has sent the order confirmation email. In this eventuality, the order will be corrected removing the unavailable product and the Customer will be informed immediately by email. This communication will inform the Customer of the procedures and times involved in reimbursing the sums paid and to be paid back.
For any claim or clarification, the Customer should contact the following email address: [email protected]. The Customer will be contacted for clarification within 3 working days from the request.
If the Customer detects flaws or defects in the compliance of the product purchased, FOPE will collect the object free of charge and replace and/or repair it, covering the shipping costs both ways, after checking that the factory defect actually exists, unless the product has been worn or used and damaged. If FOPE does not find a non-compliance, the Company undertakes to contact the Customer by providing the cost estimate for any repair and/or replacement, which will only be carried out with the Customer’s written consent. In this case, the shipping costs will be billed to the Customer. The repair and/or replacement will occur after the repair and shipping costs have been paid. If the Customer asks for the object to be returned without the repair and/or replacement, the shipping costs will be charged to the Customer. In the absence of notification from the Customer, FOPE shall not be liable for objects in storage for more than 3 months.
RETURNS AND REFUND
A Customer, who, for any reason, is not satisfied with the purchase, has the right to terminate the contract, without any penalty and without specifying the reason within 14 days of receipt. To make any return, the Customer must send an email with their request for a return to FOPE’s customer service, which will forward the instructions on how to return goods. The item purchased being returned, must be returned to FOPE in its original packaging, accompanied by the warranty certificate. The shipping costs incurred by returning the product shall be borne by FOPE.
In the event of termination, FOPE will refund the full amount paid by the customer within 30 days from the date of receipt of the goods shipped by the Customer. Refunds will be made with the same payment method as that used for the purchase. It is understood that FOPE will not be responsible for products returned that have been lost, stolen or damaged, and will not therefore issue a refund or compensation.
The right to terminate does not apply in the case of purchasing custom-made or personalised goods.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
All content published or present on the website www.fope.com, including their selection and organisation as well as the design of the website are the sole property of FOPE and are protected by laws on the protection of intellectual property and copyright.
The unauthorised amendment, copying, reproduction, distribution, forwarding or dissemination of the contents of this website is therefore prohibited.
Nobody can use or allow the use of the images or contents of the website for commercial purposes. Any use for commercial intent or utility or economic exploitation by users is therefore expressly prohibited.
CERTIFICATE OF AUTHENTICITY
FOPE guarantees the authenticity of all products purchased on the website www.fope.com.
The online sale by FOPE of original “FOPE” brand products shall only occur by means of the website www.fope.com.
Any invalidity or ineffectiveness of the individual provisions of these General Terms and Conditions shall not affect the validity of the remaining ones.
APPLICABLE LAW AND COMPETENT COURT
This agreement is governed by Italian law. The courts of Vicenza shall have sole jurisdiction over any dispute that may arise between the parties regarding the interpretation, application and/or implementation of these General Terms and Conditions.