- SALES POLICY AND FIELD OF APPLICATION AND AMENDMENTS OF THESE TERMS OF SALE
- PROCEDURE, DATE, AND PLACE OF FINALIZATION OF THE CONTRACT
- CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
- TERMS OF PAYMENT
- SHIPPING AND DELIVERY
- RIGHT OF WITHDRAWAL
- EXCEPTIONS TO THE REGULATIONS REGARDING THE RIGHT OF WITHDRAWAL
- CASES EXCLUDED FROM THE RIGHT OF WITHDRAWAL
- LEGAL GUARANTEE OF CONFORMITY AND EXCLUDED CASES
- ACCESS TO THE SITE AND COOKIES
- APPLICABLE LAW AND JURISDICTION
- ONLINE RESOLUTION OF DISPUTES
These General Terms and Conditions of Online Sale (hereinafter also, Terms of Sale) regulate the offer and sale to any adult (hereinafter, CUSTOMER), who purchases products through the website www.fraridesign.com (hereinafter also, Website) owned by the company FRARI Srl, with registered office in Via Crosariole, 6 – 35010 (PD) Italy, VAT number 04393310281, (hereinafter also FRARI) which are presented and provided in compliance with the provisions of the Italian Legislative Decree no. 70/2003 as well as the Italian Legislative Decree no. 206 of 6 September 2005 (the so called “Consumer Code”) to improve the protection of consumers.
Further information is available by contacting our Customer Service or FRARI directly at the following addresses:
registered office Via Crosariole, 6 – 35010 – Trebaseleghe (PD) Italy
tel. +39 049.9388491
firstname.lastname@example.org (Certified e-mail)
In addition, for any information of a legal nature regarding the use of the Website and purchases made through the Website consult the Terms and Conditions of Use of the Website, as well as the Privacy Information and Cookies Information all of which we invite you to consult periodically, together with these Terms of Sale, for information on possible updates or changes.
1 – SALES POLICY AND FIELD OF APPLICATION AND AMENDMENTS OF THESE TERMS OF SALE
FRARI will not conclude online contracts and, consequently, will not accept orders to be delivered in the territory of the following countries: Russia, Belarus, Ukraine, Georgia, Azerbaijan, Kazakhstan, and Uzbekistan.
Except as set forth in the preceding paragraph of this article, these Terms of Sale are applied to all, and exclusively to, the contracts relating to the movable goods indicated and offered for sale by FRARI on the website www.fraridesign.com and purchased by the CUSTOMER exclusively by means of the procedure indicated in article 2 below.
FRARI reserves the right to modify the contents of these Terms of Sale and of the other documents listed above, noting the changes on the Website. Any modification will be effective after publication on the Website.
In any case the Terms of Sale applicable to a purchase will always be those in force at the moment in which the e-mail of the Order Request Summary is sent by FRARI, which contains an attached copy.
2 – PROCEDURE, DATE, AND PLACE OF FINALIZATION OF THE CONTRACT
All steps of the purchase process are clearly described on the Website through text and graphics and therefore to purchase one or more products through the Website, the CUSTOMER must, if she/he does not want to request variations or customizations, fill in the order form and submit it to FRARI by electronic means (hereinafter, Order Request) following the instructions provided during the purchase procedure itself.
Following receipt of the Order Request, FRARI will verify the actual possibility of delivering the ordered product and/or work requested by the CUSTOMER. Upon the conclusion of this verification, FRARI will forward an e-mail confirming receipt of the order request (hereinafter, Order Request Summary) which contains a summary of the final characteristics of each product ordered and the processing/customization requested together with the final price of the products (including all applicable taxes or duties). The Order Request Summary will also indicate the shipping costs to be borne by the CUSTOMER and any additional applicable fees, the period within which FRARI undertakes to deliver the products, as well as the payment methods that can be used and FRARI’s contact details. The aforementioned e-mail will also have a copy of these Terms of Sale attached (with specific indication that in Article 10 of the same the CUSTOMER is provided with a description of the legal warranties covering the goods purchased). The e-mail itself also contains the standard Information relating to the right of withdrawal and the standard form for exercising the legal rights provided for by the so-called “Consumer Code” for those CUSTOMERS residing in the European Union.
The aforementioned e-mail will therefore constitute FRARI’s formal, definitive, and binding contractual proposal for the period indicated therein.
If the CUSTOMER decides to proceed with the purchase, she/he shall access the Website again and complete the procedure electronically, transmitting the Order Confirmation to FRARI.
The purchase agreement will therefore be concluded upon receipt, by FRARI, of the Order Confirmation sent by the CUSTOMER. As a result of this, the CUSTOMER undertakes to verify the correctness of any data contained in the Order Confirmation before sending it (which includes the information of the aforementioned e-mail), including personal data and payment details, indicating any corrections/changes to be made.
In those cases in which the CUSTOMER wants to customize the product or have versions other than those offered on the Website, the establishment of the sale price will require a special estimate from FRARI, and the contract will be deemed concluded once FRARI receives the express written acceptance of the aforementioned estimate by the CUSTOMER. Consequently, the pre-contractual information specified in paragraph 2 of this article will be provided to the CUSTOMER, except as specified below, only after the definition of the final characteristics of the goods requested and will be contained in the e-mail containing the final estimate. In these cases, however, the general information relating to the right of withdrawal and the general form to exercise that right will not be provided, because these are cases in which the CUSTOMER will not be allowed to withdraw from the contract, as expressly provided for by article 9 below and for the reasons indicated therein. The aforementioned e-mail will expressly indicate that no right of withdrawal can be exercised for customized products.
In accordance with the preceding paragraphs, contracts are deemed concluded at the registered office of FRARI in Trebaseleghe (PD).
With the electronic transmission of the Order Confirmation the CUSTOMER unconditionally accepts, and undertakes to observe, with respect to the purchase, these Terms of Sale in his/her relations with FRARI. Therefore, if the CUSTOMER does not agree with some of the clauses contained in the Terms of Sale, the CUSTOMER is invited not to submit the Order Confirmation.
The Order Request and/or the CUSTOMER’s request will be maintained in the FRARI database for the period of time necessary for the fulfilment of the order, and in any case not beyond the terms of the law.
FRARI expressly reserves the right not to process Order Requests or CUSTOMER requests that are, in addition to not being compliant with the sales policy referred to in Article 1 of these Terms of Sale, incomplete, incorrect, or requiring work which cannot be carried out, as well as in the case in which the ordered products are unavailable. In these cases, the CUSTOMER will be informed, with a specific indication of the reasons, that the contract has not been concluded and that FRARI has not confirmed the order.
In particular, if certain products presented on the Website are no longer available or are not for sale when the Website is browsed, or at the time the Order Request is sent, FRARI will promptly communicate the unavailability of the products. In these cases, the contract will not be finalized and, if already concluded for any reason whatsoever, will be automatically terminated and no amount will be charged to the CUSTOMER. Any contractual or non-contractual liability for direct or indirect damage to persons and/or things caused by the non-acceptance of an order for the above reasons is expressly excluded.
3 – CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
On the Website FRARI only offers items produced after an order is placed by the CUSTOMER and based on the specific characteristics indicated in the order itself. In particular, it is furniture and furnishing accessories that are finished and packaged, with completely and strictly handcrafted workmanship, only according to the indications provided by the CUSTOMER, who can choose among the many customization options offered by FRARI and listed on the Website as well as indicate other variations, request specific finishing, and also provide the materials for the absolute highest level of customization.
Therefore, it is also possible, after FRARI has sent the Order Request Summary e-mail, that there may be cases in which it may be impossible to manufacture the products selected. In this case, the CUSTOMER will be immediately informed of this by e-mail and the Parties will jointly agree on how to proceed.
The characteristics of the products are presented on the Website in the individual product sheets, and FRARI undertakes to describe and present the aforementioned characteristics, including the final characteristics that the items offered for sale on the Website may have, in the best possible way, including with explanatory photographs. Nevertheless, and in consideration of the aforementioned distinctive features, the images and colours of the products described on the Website may not correspond to the final result that will be achieved by applying the CUSTOMER’s specific requests. Therefore, these photographs, given that they are only representative of some possible final results, do not constitute nor can they constitute a binding contractual element.
4 – PRICES
The goods produced by FRARI are offered for sale at the price indicated on the Website. The prices may be subject to changes and variations, so the CUSTOMER shall undertake to recheck the final sale price before submitting an Order Request. In any case, the price applied to each product purchased will always be the price indicated in the Order Request as confirmed by FRARI with the Order Request Summary e-mail.
The prices indicated on the Website are expressed in Euro and, unless expressly stated otherwise, do not include any additional costs for shipping and delivery which are calculated after sending the Order Request and are clearly indicated by FRARI in the Order Request Summary e-mail.
For those situations in which the CUSTOMER indicates different variations than those offered on the Website, such as requesting a specific finishing or even requesting different materials and/or colouring to be used for the realization of the goods, FRARI will proceed, due to the customization requested by the CUSTOMER, to the formulation of a specific quote and the sale price will therefore be specifically agreed upon between the Parties. The final price agreed upon, including all costs, will in any case always be indicated in the Order Request Summary e-mail sent by FRARI to the CUSTOMER.
If an IT, manual, technical, or any other kind of error causes an unexpected substantial change in the retail price, which makes it exorbitant or clearly too low, the Order Confirmation will be deemed invalid and cancelled and any amount already paid by the CUSTOMER will be reimbursed within 14 days of the day of cancellation.
5 – TERMS OF PAYMENT
All payments by the CUSTOMER can be made using the credit cards indicated on the www.fraridesign.com website, by bank transfer, or by PayPal payment. The communications relating to the payment and the data communicated by the CUSTOMER during the payment process itself take place on special protected lines.
Financial information (for example, credit/debit card number or expiration date) will be forwarded to the banks providing the corresponding electronic payment services remotely via encrypted protocol which prevents third parties from having access. Furthermore, this information will never be used by FRARI for any purpose other than to complete the procedures related to the purchase and to issue the related refunds in the event any products are returned following the exercise of the right of withdrawal, or if it is necessary to prevent or report any fraud committed through the Website to the police.
If the CUSTOMER chooses, selecting it during the purchase procedure, payment through the PayPal platform, the CUSTOMER will be redirected to secure PayPal servers where, by accessing with their credentials, they can complete the payment through the procedures provided therein.
The entire amount due will be charged to the CUSTOMER when the Order Confirmation is sent.
6 – SHIPPING AND DELIVERY
The products purchased through the Website will be delivered by FRARI by courier to the address indicated by the CUSTOMER at the time of the Order Request, according to the procedures agreed upon and communicated, as and when needed, via e-mail between FRARI and the CUSTOMER.
The CUSTOMER will have the right to communicate to FRARI, provided that it is prior to the beginning of the shipping procedures, his/her preference to pick up the goods at his own expense, by appointment, at the Trebaseleghe (PD) headquarters in via Crosariole, 6.
The maximum delivery time is, with the exception of the following, 60 working days from the moment the contract is concluded.
In contrast, the aforementioned term will begin from the day of receipt of the materials if the materials used for the realization of the good are supplied by the CUSTOMER.
Finally, if the CUSTOMER requests customization variations such as to require more time for the work required, the different delivery time consequently agreed upon will be indicated by FRARI in the e-mail containing the final estimate or with the Order Request Summary.
7 – RIGHT OF WITHDRAWAL (Article 52 et seq. Legislative Decree 6 September 2005 no. 206)
Without prejudice to the provisions of articles 8 and 9 below, the CUSTOMER has the right to withdraw from the purchase agreement without any penalty and without specifying the reason, within 14 days from the date of receipt, whether by the CUSTOMER or a third party designated by him, of the goods purchased (or of the last of the products in the case in which multiple goods were purchased with a single order form and shipped separately).
The CUSTOMER can exercise the right of withdrawal, by sending an explicit declaration regarding the decision to withdraw from the contract and suited in any case to identify the CUSTOMER and the contract, to be sent by mail, preferably, for his/her protection, by registered letter with recorded receipt to the following address: FRARI Srl, via Crosariole, 6 – 35010 Trebaseleghe (PD) or by certified e-mail to email@example.com. To this end, in the case where FRARI sent the relative text together with the Terms of Sale, the CUSTOMER may use that withdrawal form, as per Attachment no. 1 to the Italian Legislative Decree no. 206 of 6 September 2005 (not mandatory).
For more information about the exercise of the right of withdrawal contact Customer Service: Telephone (+39.049.938.8491). E-mail: (firstname.lastname@example.org).
In the case of the exercise of the right of withdrawal, the CUSTOMER is obliged, also pursuant to Article 57 of the Italian Legislative Decree no. 206/2005, to return the goods within 14 days from the day on which she/he communicated to FRARI his/her wish to withdraw from the contract.
The goods must be returned to: FRARI Srl – Via Crosariole 6 – 35010 Trebaseleghe (PD).
All return shipping costs shall be borne by the CUSTOMER (see also Article 56, paragraph 2, Italian Legislative Decree no. 206/2005). In addition, the CUSTOMER always has the right to return goods purchased online, by appointment, at the FRARI headquarters.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and with all tax documentation attached. The CUSTOMER will also be responsible for the diminished value of the goods resulting from any handling of the goods other than that strictly necessary to establish the nature, characteristics, and conformity of the goods, and only within the aforementioned limits. Nonetheless, FRARI shall have the right to deny the request for withdrawal as a consequence of the improper exercise of the right by the CUSTOMER, in all cases in which the latter returns the products in conditions that do not allow their normal marketability.
Without prejudice to FRARI’s right to verify compliance with the above, in the event of withdrawal regularly exercised by the CUSTOMER, subject to the provisions of article 8 below in relation to the specific assumptions considered therein, all payments made in favour of FRARI will be reimbursed, including delivery costs (with the exception of additional costs arising from the selection of a type of delivery other than the least expensive standard delivery), without undue delay and in any case no later than 14 days from the day FRARI was informed of the CUSTOMER’s decision to withdraw from the contract. However, as also foreseen by article 56, paragraph 3 of the Italian Legislative Decree no. 206/2005, FRARI may suspend reimbursement until receipt of the goods or until the CUSTOMER demonstrates that the goods have been returned to FRARI complete with all documentation and perfectly intact.
Refunds will be made using the same means of payment used by the CUSTOMER for the initial transaction, unless expressly agreed otherwise; in any case, the CUSTOMER shall not incur any cost as a consequence of the reimbursement.
In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise the right of withdrawal, she/he must provide FRARI, by means of the “Contact us” section of the Website, with the bank details (IBAN, SWIFT and BIC) necessary for the reimbursement by FRARI.
8 – EXCEPTIONS TO THE REGULATIONS REGARDING THE RIGHT OF WITHDRAWAL
As a partial exception to the provisions of paragraph 8 of the previous article, in consideration of the fact that the delivery of goods to a location outside the territory of the European Union involves particularly high costs, it is understood, for cases in which the purchased goods are delivered to the aforementioned places, that FRARI cannot reimburse the amount paid by the CUSTOMER for delivery costs. The CUSTOMER will be informed of this again by means of a specific communication contained in the Order Request Summary e-mail and repeated in the Website screen that appears prior to sending the Order Confirmation, or, in the cases referred to in article 2, paragraph 6 above, contained in the e-mail by means of which FRARI sends the final estimate to the CUSTOMER.
9 – CASES EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal from the purchase agreement is excluded if the contract refers to goods that meet the characteristics indicated in Article 59, paragraph 1, letter c) of the Italian Legislative Decree no. 206 of 6 September 2005.
These are goods that have characteristics or customization variations different and/or additional to those typically offered on the Website (this may occur in cases where the CUSTOMER has requested different customization variations from those indicated on the Website like, by way of a non-limiting example, specific finishing or special measurements, colours or fabrics as well as in any case where the good has been produced with materials directly supplied by the CUSTOMER).
In these cases, since these are goods for which it would be impossible or extremely difficult for FRARI to sell, the CUSTOMER may not withdraw from the relative sale contract and article 7 above shall not be applicable.
FRARI will always inform the CUSTOMER of the inability to withdraw from the contract prior to it being finalized, by means of a specific communication contained in the e-mail with which FRARI sends the final estimate to the CUSTOMER and referred to in article 2, paragraph 6 above.
10 – LEGAL GUARANTEE OF CONFORMITY AND EXCLUDED CASES
Also in compliance with the provisions of Title III, Part IV of the Italian Legislative Decree no. 206/2005 (Consumer Code), FRARI notes that, in the event that the purchased goods are found to be defective or otherwise not in conformity with the order placed, the CUSTOMER will be entitled to the restoration, at no cost, of product conformity by repair or replacement and, as an alternative, only if the CUSTOMER is a resident of the European Union who qualifies as a consumer, the other remedies provided for by art. 130 of the Consumer Code as well as any other remedies due to the consumer in application of the regulations of the Consumer Code.
The CUSTOMER may exercise this right if the defect occurs within two years from the delivery of the goods and the defect is reported to FRARI within two months of its discovery by communication to be sent by registered mail with recorded delivery to: FRARI SRL, via Crosariole, 6 – 35010 Trebaseleghe (PD), or via certified e-mail to email@example.com.
“Defect” is understood to mean, also in accordance with the provisions of Article 129 of the Consumer Code, a significant limitation or reduction of the suitability for use of the product. Given the particular nature of the goods offered for sale, any inaccuracy (such as, by way of a non-limiting example, minor deformities in the measurements or asymmetries in the shapes, non-homogeneity of the colours or in the surface) or lack of correspondence with the products displayed in the photographs shown by way of example on the Website, are not and shall not be considered defects, because they are, conversely, characteristics of products resulting from strictly artisan work and as such are suitable to constitute an added value of the product and certainly not a defect.
In any case, any defects that may have been caused by, or manifested as a result of, negligent or improper use of the product as well as by the incorrect and/or negligent execution of the assembly procedures are not covered by this warranty. In particular, in this last case, the CUSTOMER is required, under penalty of the forfeiture of this warranty, to report any alleged defect or non-conformity of the product, as soon as the contents of the package have been verified and, in any case, before the completion of the aforementioned assembly operations.
In any case, the defective product, if still covered by the warranty, must be sent to the service centre together with a copy of the appropriate documents to certify the purchase and the delivery date since in the absence of that documentation it will not be possible to proceed with the intervention. For any further information contact FRARI Customer Service.
11 – LIABILITY
FRARI assumes no liability for disruptions caused by force majeure or unforeseeable circumstances, even if they occur as a result of malfunctions and disruptions of the Internet, if it is unable to execute the order within the time period stipulated in the contract.
12 – ACCESS TO THE SITE AND COOKIES
The CUSTOMER has the right to access the Website solely to browse it and to make purchases. No other use, in particular commercial, of the Website or its contents is permitted. The integrity of the elements of the Website, whether audio or visual, and the related technology used, remain the property of FRARI and are protected by intellectual property rights.
The website www.fraridesign.com uses ”cookies”. Cookies are electronic files that record information relating to the navigation of users on the Website (pages consulted, date and time of consultation, etc.) and that allow FRARI to offer personalized service to its customers.
FRARI has built the Website to use technical cookies only and not profiling cookies.
In any case FRARI informs the CUSTOMER that it is possible to disable the creation of these files by accessing the Internet configuration menu. It is understood, however, that this will prevent the CUSTOMER from proceeding with online purchases.
For other conditions relating to the use of the Website and for more information on cookies, the CUSTOMER is invited to consult the Terms and Conditions of use of the Website and the Cookies Information.
For complete information about the processing of personal data, the CUSTOMER is invited to consult the Privacy Information on the processing of personal data.
14 – APPLICABLE LAW AND JURISDICTION
These Terms of Sale are governed by Italian law.
In addition to these Terms of Sale the “Consumer Code” shall always be applied to consumers as defined in Article 3, letter a) of the Italian Legislative Decree no. 206/2005 accessing the Website for purposes unrelated to business, commercial, craft or professional activities and residing in the European Union. It is understood that no provision contained in the Terms of Sale shall be applied if they interfere in an unfavourable manner with respect to the provisions of the “Consumer Code”. Furthermore, the application of any other mandatory regulation set out by the European Union aimed at protecting consumers shall not be compromised.
On the contrary, the provisions of the Italian Civil Code, except for those cases specifically regulated by these Terms of Sale shall apply for customers deemed professionals as per the same art. 3 letter c) of the “Consumer Code”, as well as for any other consumer as defined above, who is not resident or domiciled in the European Union.
In the event of a dispute arising from the interpretation and/or application and/or execution of these Terms of Sale or purchase contracts concluded under these Terms of Sale, the Court having jurisdiction shall be that of the place of residence or domicile of the CUSTOMER who also qualifies as a consumer, if located in the European Union. Alternatively, the CUSTOMER who also qualifies as a consumer, may also choose the Court of Padua.
For any other case, including any case in which the CUSTOMER, who also qualifies as a consumer, is not resident or domiciled in the European Union, the Court of Padua shall have the exclusive jurisdiction as per the Italian law.
15 – ONLINE RESOLUTION OF DISPUTES
Finally, FRARI makes its CUSTOMERS aware that the European Commission provides for an online dispute resolution platform. The CUSTOMER who qualifies as a consumer, without restriction for FRARI, will find information regarding how to use the online dispute resolution service (so-called ODR) at: http://ec.europa.eu/consumers/odr/.