Conditions of sale
Triboo Digitale S.r.l. - a single member company – (hereinafter the “Seller”), whose registered offices are in Milano - ITALY, 20126 Viale Sarca 366 , Tax ID no. IT02912880966 and REA (Economic and Administrative Index) MI 1901658, is active in the e-commerce offer and sales of the products (hereinafter, the “Product” or the "Products") present on the www.fope.com website (hereinafter, the “Website”). The Seller purchases the Products from Fope S.p.a. .
These Conditions of Sale concern the offer and sales of products and services carried out in remote on an IT network on the Website (Legislative Decree 206/05, hereinafter, the “Consumer Code”).
ARTICLE 1: CONCLUSION OF THE SALES AGREEMENTS
The Customer is the user of the Site which accesses to the e-commerce check-out, and is identified by the data provided when the electronic format order form was filled and submitted. The Customer is strictly banned from providing false and/or invented and/or fantasy names during the on-line order procedure and in any further communication. The Seller reserves the right to take legal action against any violation and abuse, in the interest and for the protection of all the consumers. Furthermore, the Customer shall indemnify the Seller from any liability arising from the issue of wrong fiscal documents caused by any faulty data provided by the Customer, being the Customer the sole responsible of the correct provision of said data.
The purchases on the Site are reserved to the customer-consumer (i.e. an individual who purchases the goods for purposes which are not linked to his professional activity, or does not carry out the purchase stating in the order form any VAT Registration Number, hereinafter, the "Consumer"), excluding therefore any other entity or individual such as traders, wholesalers, resellers, professionals, etc. who intend to resell the Product to third parties. Any non-Consumer customer is hereby invited to not conclude any commercial transaction on the Site and, in any case, the Seller reserves the right to not process any order submitted by any individual other than a Consumer or in any case orders which are not consistent with its commercial policy./p>
The order confirmation and submission by the Customer, according to the instructions which will appear from time to time on the web pages, implies the review and the full acceptance of these General Conditions of Sale by the Customer, in addition to the provisions of the Privacy, Shipping and Returns sections of the Site. The Seller reserves the right to change these General Conditions of Sale in any moment, also in consideration of any regulatory changes. The new General Conditions of Sale shall be effective as from the publication date on the Website.
The sales agreement between Seller and Customer shall be perfected upon acceptance of the order by the Seller.
If the Customer is a Consumer, once the on-line purchase procedure is perfected, the latter will take care to print or save an electronic copy and in any case to keep a copy of the orders submitted to the Seller, of the received order confirmations and of these General Conditions of Sale, complying with the provisions on remote sales of the Consumer Code.
Any right of the Customer to any damage compensation or refund as well as any contractual or non-contractual liability arising from the rejection, even if partial, of any order is hereby excluded.
The presentation of the Products on the Site, which is not binding for the Seller, is a mere invitation to the Customer to submit a contractual purchase proposal and it is not an offer to the Public.
ARTICLE 2: METHOD OF PURCHASE
The Customer is entitled to purchase only the products included in the on-line catalogue as at the moment of submission of the order and which can viewed on the www.fope.com website, as described in their relevant information cards. The order shall be validly processed upon reception by the Seller of the confirmation of the completed charge on the Customer's credit card or bank account of the Price and of the shipping and delivery costs.
The image attached to the description sheet of a product may be not a perfect representation of its features, but it may, for example, differ by colour, size or accessory elements present in the picture and may be changed in any moment without any prior notice by the Seller. The Seller shall not be held liable for any inaccuracy of the Product sheets, in consideration of their merely explanatory nature.
The correct receipt of the order is confirmed by the Seller by way of an e-mail notice, sent to the e-mail address stated by the Customer. The confirmation notice shall contain the reception Date and Hour of the order, and a Customer Order Number to be stated in any further communication with the Seller. The message summarizes all the details provided by the Customer, the key features of the item, the listed price, the payment methods, the delivery methods and costs and the applicable taxes. The Customer shall check the correctness thereof and promptly report any correction to be made at the following e-mail address: email@example.com.
In case of rejection of the order, the Seller guarantees that the Customer will be given prompt notice thereof.
Purchase requests originating from countries other than that selected by the Customer or bound to countries other than the Customer's one or to be sent to addresses to which the Seller cannot send (due to reasons such as, for example, not suitable validation of the Product ordered for the relevant country) shall not be accepted by the Seller.
In order to complete the Product purchase procedure, the Customer may opt to:
- - Enter each time all the data required for completing the order form;
- - Register with the Website by entering the required data into the specific form available from the Website and choose a Password and user ID (this is the e-mail address used) (hereinafter the "Identification Credentials") and fill the order form.
All the data above are subject to the provisions of Legislative Decree 30 June 2003 no. 196, on “Protection of individuals and other entities with regards to personal data processing” and may be modified in any moment according to the specific procedure detailed on the Website. If choosing to register, the Seller will store the Customer's data so that, once a first purchase has been perfected, the Customer can use the Identification Credentials chosen at the time of registration, to continue with the order. Then, after the first purchase, registered Customers need not enter their data to complete purchase orders. Identification Credentials are personal and must not be transferred to third parties, they must be kept secret and, for security reasons, should not be stored together nor noted in a single document. If a Customer should forget their password and/or User ID chosen at registration, the Customer shall contact the Seller at the following e-mail address: firstname.lastname@example.org.
ARTICLE 3: PRICES
The Products will be sold at the prices stated in the on-line product sheet upon confirmation of the order by the Customer. The listed prices are inclusive of all applicable taxes or duties, including VAT and are expressed in Euro. Prices may change without prior notice. Before the Customer confirms the order by clicking the relevant button, the web page will display the summary of the prices of the products in the cart, of the taxes and the delivery cost, which the Customer undertakes to pay to the Seller in addition to the price of the Products listed on the Website. Such data will be automatically repeated in the order form which the Customer submits to the Seller following the order procedures. If the Products are intended to be delivered to a non-European Union country, the total price specified on the order and repeated in the order confirmation, inclusive of indirect tax (where applicable) is net of any customs duties or other such sales taxes, the Customer hereby undertakes to pay any such duties or sales taxes where due, in addition to the price stated on the order and confirmed in the order confirmation, according to the provisions of the Law of the country to which the products are to be delivered. The Customer is invited to contact the relevant authorities of his country of residence or of the country to which the Products are to be delivered, in order to obtain all the information on any duties or taxes applied in his country of residence or in the country to which the Products are to be delivered. The Customer acknowledges that the lack of knowledge of any costs, charges, taxes and/or duties listed under the previous paragraphs at the time of the submission of any order to the Seller, shall not constitute grounds for termination of this contract and shall not result in any such charges being borne by the Seller.
ARTICLE 4: ACCOUNTING DOCUMENTS AND DELIVERY METHOD
For each accepted and completed order, the Seller issues a sales receipt (or invoice if the Customer is not a Consumer and stated his VAT Registration Number in the order) of the shipped method, sending it via e-mail to the holder of the order, under art 14 Presidential Decree 445/2000. The information provided by the Customer when the order was placed shall apply for the issue of the sales receipt (and/or invoice). The receipt cannot be modified in no way after its issue. The Seller shall perform the delivery of the Products purchased by the Customer by means of specifically appointed courier at the address stated by the Customer. Each shipping contains: the ordered Product/s; the packing list; the invoice issued by the Seller, if required by the regulations. As a general rule - but in any case without this forming any restriction for the Seller subject to: (a) the actual availability of Products; (b) periods during which the warehouse is closed due to inventories/security controls; and (c) any causes of force majeure - the Seller will hand over the ordered products to the selected courier within 3/5 working days from the date of the order. In any case, the Seller shall be not held in any way liable in case of delays in the processing of the order or in the delivery of the ordered goods. Shipping costs, unless differently specified, shall be added to the total cost of the order and shall be detailed during the check-out procedure, prior to the completion of the purchase process. The costs are calculated automatically basing on the weight, the volume of the purchased goods and the relevant geographic area of delivery. The Customer may check the status of his delivery directly on the site of the courier, thanks to the reference data which will be supplied by e-mail with the notice of shipment. Deliveries shall performed at the address stated by the Customer, who shall provide a telephone number to enable the courier to contact him prior to delivery.
ARTICLE 5: PAYMENT METHOD
The Customer may perform the payment according to one of the methods specified in the Website (Credit Card, Paypal, Bank Transfer). In case of purchase of Products using credit card, upon submission of the order by the Customer, the relevant bank shall authorise only the charge of the amount of the placed order. The price of the Products actually processed, even if only in part, will be actually charged to the Customer only upon confirmation by the courier to the Seller of the shipment of the ordered goods. If the payment is performed by means of bank transfer to the Seller, the Customer shall use the SWIFT / BIC and IBAN codes listed in the order confirmation, as well as state the order number in the payment description. At no point of the purchase procedure is the Seller able to know any information regarding the Customer's credit card; such data shall be sent by means of a protected connection, directly to the website of the bank handling the transaction and no database of the Seller will store such data. Under no circumstances, therefore, can the Seller be held liable for any fraudulent or undue use of credit cards by third parties, upon making payment for Products purchased from the Website.
ARTICLE 6: RIGHT TO WITHDRAW
Under the Consumer Code, if the Customer is a Consumer, the latter shall be entitled to withdraw from the purchase agreement for any reason, without any explanation and without any penalty, within 14 working days from the reception of the purchased Product. In order to exercise said right, the Customer shall send to the Seller a relevant explicit written notice (Return Form, please refer below for the exact wording thereof), within 14 working days from the date of receipt of the goods. Said notice shall be sent: - by means of registered letter with acknowledgement of reception, to the following address: Triboo Digitale S.r.l. (attn. Customer Service), Viale Sarca 366, 20126 Milano - ITALY; - or by fax to the following number (+ 39 02 64741491; - or by e-mail to the following address: email@example.com. Following the receipt of the withdrawal notice, the Seller's Customer Services shall promptly provide to the Customer the instruction on the return procedure of the goods. The Customer shall return the Product/s or deliver it to the Seller, or to a third party appointed by the Seller with the task to receive them, without undue delay and, in any case, within fourteen working days from the date which the Customer gave notice to the Seller of his intention to opt-out from the agreement. The Customer is entitled to select, at his own discretion, the courier or the postal service to employ for returning the goods. We advise to employ a service which offers also the tracking of the goods in order to check the correct delivery of the returned goods to our warehouse. The Seller shall not be in any way held liable for any damage or theft/loss of any good returned using not insured means. The shipping costs connected to the return of the Product shall be borne by the Customer. The purchased Product shall be returned in full and intact, with all its accessory and spare parts, if any, in the original package, complete in all its parts (including packaging and documentation, if any, etc.). The Customer may touch and handle the Product in order to assess its nature, features and operation, but he is responsible for the reduction in value of the Product arising from any kind of handling other than the one required for such purpose (washing, ironing, mending and total replacement expenses).. In the event of prizes or promotional sales, under which the purchase of one item is linked with another sold at discounted price (or free of charge), the right to withdraw may be duly exercised with the return of both Products purchased (given the restriction of the item under special offer only being available with the purchase of the other item). In the case where, upon purchase, favourable conditions with regards to the shipping costs (for example, Free Shipping or similar) were granted to the Customer, the latter shall not be entitled to employ such service but he shall return the product according to the ordinary procedure. The Seller, following his check on the received Product and having approved the return, shall refund the price of the Product for which the Customer has exercised his withdrawal right and the shipping costs incurred by the Customer upon submission of the order (excluding any additional cost arising from the selection of a delivery method which differs from the less expensive standard delivery offered by the Seller), and all the above within the maximum term of 30 (thirty) days from the date which the Seller became aware of the exercise by the Customer of his right of withdrawal, employing the same payment method used for the initial transaction, unless otherwise agreed upon by the Customer. If the recipient of the Products stated in the order form and the individual who performed the payment of the sums due for their purchase is not the same, in case of exercise of the right to withdraw, said sums shall be refunded to the individual who performed the payment. In case of any damage of the item during its shipping, the Seller shall give notice of the event to the Customer within the 5th working day after the reception of the good at its warehouse, in order to allow him to submit his complaint against the courier selected by him and obtain the refund of the value of the item (if insured), in such case, the product shall be put at the disposal of the Customer for its return, by revoking at the same time the request for withdrawal. The Seller shall not be in any way held liable for any damage or theft/loss of any good returned using not insured means. Upon its arrival at the warehouse, the product will be inspected in order to assess any damage or tampering not arising from shipping. The withdrawal notice (Return Form) shall include the following information: (a) delivery address, including the address of the delivery warehouse; (b) date; (c) the following wording: I hereby give notice of my withdrawal from the sales agreement of the following items/services: list of the items/services; order number; order date; (d) name and address of the Customer; (e) signature of the Customer A blank Return Form can be requested at the following e-mail address: firstname.lastname@example.org. .
ARTICLE 7: WARRANTY AND CLAIMS
The Website sells Products under brands licensed to Fope. The Seller does not sell any second-hand or irregular products or products whose quality does not meet the market standards. The Products purchased on the Website are subject to warranty regulations, where applicable, pursuant to Directive 44/99/EC and the "Consumer Code", Articles 128 and following, on sales agreements entered by and between professionals and Consumers and on guarantees concerning consumer goods, where not considered therein, the specific relevant provisions as laid down by the Italian Civil Code. The Seller therefore guarantees the Consumer Customer that the Products will be free from design and material flaws and compliant with the descriptions published on the Website for a period of 2 (two) years as from the date the Products are delivered to the Customer. The warranties shall not apply if the Product is used or washed in an inappropriate manner for the Product or which is not compliant with the instructions/warnings given in this respect by the Seller and/or Fope, or as specified in the reference explanatory material, on the tags or on the labels. Said warranty shall apply to any Product showing conformity faults and/or malfunctioning which could not be assessed upon purchase, as long as the product has been used correctly and spending any due care, that is complying to its purpose and to the provisions contained in any technical document by observing any operative rule contained therein. This warranty shall not apply in the case of negligence or lack of care in Product use and maintenance. The warranty is personal and shall therefore only apply to the original buyer, being it reserved exclusively to the Customers of the Seller which can be classified as Consumers. The Seller must be informed of any non-conformity of Products (including non-conformity of a Product as a result of damages suffered during transport) within 2 (two) months of discovery (as provided for by the Consumer Code) by filling the Return Form which can be requested at the following e-mail address email@example.com. Said form shall be attached by the Customer when returning the non-compliant Product, together with a copy of the confirmation of order as sent via e-mail by the Seller, or the invoice. The Seller may also request the Customer to provide, by e-mail, photographic evidence supporting the non-conformity claim. The time required to repair or replace the Product will depend exclusively on the policies of the individual manufacturers and no compensation can be claimed from the Seller for any delays in any repair or replacement. Even if allegedly non-compliant, at the time it is returned to the Seller for repair or replacement, the Product must be complete with all packaging and accessories and documents received by the Customer at the time of purchase. Returning the Product without its original packaging, accessories or documentation, as listed above, will prevent any action by Seller on the Product and therefore make any repair or replacement impossible. The Seller reserves the right to assess the actual defects claimed by the Customer and to organise the repair or replacement only after such checks have been completed. If the Seller's checks should reveal that the flaw claimed by the Customer is not a flaw in conformity, the Seller reserves the right to charge the Customer the costs of the test and restoration as well as the transport costs incurred. The Customer can then choose to have the purchased Products returned, at his own expense. If the Customer should refuse delivery, the Seller reserves the right to keep the Products and the price paid for their purchase. If the Product should not be found to have a conformity flaw, the Client may request an estimate for its repair/restoration in exchange for payment.
ARTICLE 8: LIABILITY
Except in cases of wilful negligence or misconduct, the Seller shall not be held liable for any direct, indirect or consequential damages that could not be foreseen as of the execution date of these Conditions of Sale and were incurred by the Customer or third parties in connection with the services it provides and/or for any damages of any type or in any way connected with them, arising from any breach of their obligations, even in the event of compensation for damages claimed by third parties, by any title. The Customer specifically acknowledges that the Seller's liability for any breach of the services pursuant to the point above is limited to, and may not in any case exceed, the amounts received by it and paid by the Customer in connection with the individual services to which said liability refers. All greater damages, losses, costs or expenses are specifically excluded. The Seller shall not be held liable for any inefficiency and/or prejudice as may be caused to the Customer for reasons for which it cannot be held liable or, in any case, from delays due to malfunctioning, failure or irregular sending of information or causes beyond its control, including, but not limited to, delays or failures of the system line, interruption to function or lack of internet connection or interruption, suspension and malfunctioning of internet access nodes, interruption, suspension or poor function of the electronic, postal service or electricity supply; lock-downs or strikes, including of its own staff, wherever they may occur; impediments or hindrances caused by provisions of law or other acts by national or foreign authorities; legal orders or acts or those of third parties; other causes not at the fault of the Seller and, in general, all impediments or hindrances that cannot be overcome by due diligence on the part of the Seller in connection with the business carried out. The Seller is entitled to suspend or interrupt connection to the Website at any time for technical reasons or for reasons connected with the efficiency and security of the services; it is also entitled to suspend operations as a precautionary measure and the Seller shall not be held liable for the consequences of any such interruptions or suspensions. The Seller shall not be held liable for any fraudulent or unlawful use by third parties of the credit cards used by the Client when purchasing the Products. At no point during the purchase procedure is the Seller able to gain awareness of the Client's credit card number. Finally, all contractual or non-contractual liability of the Seller for any direct or indirect damages caused to persons and/or properties by failure by the Seller to fully or partially accept an order, shall be excluded.
ARTICLE 9: PRIVACY
We hereby give formal notice that for the purposes set under art. 13 Legislative Decree 30.06.2003 no. 196, the personal data provided by the Customer to the Seller shall be processed by the latter, also employing automatic procedures, to be included in the customer archive and are required for the execution of a contractual relationship, if any, and for any civil, tax, managing obligations which may arise therefrom. The data can also be used for statistic extrapolations, for commercial and promotional communications, without prejudice for the right of the Customer to declare at any time that he no longer wants to receive such notices. Providing such data is optional, but the lack of such information will make it impossible to execute a valid sales agreement and therefore to accept the order. The Customer’s data may also be disclosed, for the same purposes as the collection, to other companies that belong to the group, business partners, and to subjects to which services are entrusted in outsourcing. Data Controller is Triboo Digitale S.r.l., whose registered offices are in Viale Sarca 366, 20126 Milano (ITALY). Please be aware that, with regards to the provisions of art. 7 of said Legislative Decree, the Customer shall be entitled, in addition to his other rights, to receive: - confirmation of the existence of his relevant personal data; - cancellation, transformation into an anonymous form or block of any data which was unlawfully processed; - updating, rectification or integration of the data. The Customer may exercise the rights under art. 7 by writing to: firstname.lastname@example.org
ARTICLE 10: INFORMATION AND CLAIMS
The Seller can be contacted at the following e-mail address for any requests for clarification or for any claim: email@example.com.
ARTICOLO 11: LEGGE APPLICABILE E FORO COMPETENTE
This agreement is governed by the Italian Law. In case of any civil or penal dispute arising from the conclusion of the present contract and if the customer is a consumer, the jurisdiction belongs to the court of his residence; in all other cases Vicenza Court shall have the exclusive jurisdiction.