The general terms and conditions of online sales (hereinafter "GTCS“) govern the purchase contract (hereinafter, the “Contract”) of the products (hereinafter, the “product” or “products”) offered by FIP Srl. – Capitale Sociale i.v. €1.345.000 with headquarters in Capo d'Orlando, Via Consolare Antica, 402, CF/VAT number 01388530832, registered with the REA of Messina no. 118014 (hereinafter, “FIP”) – through its website www.porteitaliane.com (hereinafter, the “site”) to users of the site (hereinafter, the “customers” or the “customer”). These general conditions of sale are intended to refer only and exclusively to customers who qualify as "consumers" pursuant to art. 3, co. 1, letter. a), of Legislative Decree 6 September 2005, n. 206, i.e. "natural persons who act for purposes unrelated to any entrepreneurial or professional activity carried out", as well as adults. All information contained on the site is in Italian. The customer declares to have read all the aforementioned information and general conditions of sale before placing the order. The customer, before placing the order for the product, declares that the purchase of said product has no direct relationship with his professional activity, as their purchase is intended for personal use. The customer also declares to have the legal capacity to engage in accordance with the provisions of these general conditions.
1 – OBJECT
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop https://www.guestkey.it
2 – TERRITORY AND OFFER COVERAGE
This version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or residence in Italy.
3 – CONTRACTUAL DOCUMENTS
This contract is made up of the following documents: • these general conditions of sale • the order confirmation The photographs illustrating the products on the site do not fall within the contractual scope and are shown for descriptive purposes only.
4 – RECEIPT OF ORDER
Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer. It can only be called into question in the cases provided for in this contract in the articles "Right of withdrawal" and "Execution of the order".
5 – ORDER ACCEPTANCE
The conclusion of the contract will take place only upon confirmation of the order by FIP SRL. The customer will receive a notification of receipt by email containing the order confirmation with all the elements constituting the contract (including ordered products, prices, delivery dates, shipping costs). FIP SRL reserves the right to not confirm an order for any reason relating in particular to a product supply problem or a problem regarding the order received. FIP SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Furthermore, FIP SRL cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for their transport, as well as for delays in delivery attributable to the latter.
6 – AVAILABILITY OF PRODUCTS
The offers contained on this site will be valid as long as the products listed remain online and while stocks last. FIP SRL also reserves the right to communicate to the customer, to the email address associated with his profile, the possible unavailability of one or more of the products purchased. In the event of the purchase of a product that is no longer available, FIP SRL will refund (to the payment card or Pay Pal account indicated by the same for the purchase or via bank transfer, the details of which are intended to be communicated after registration) of the price and expenses shipping costs incurred by the customer.
7 – PRICES – INVOICE
Prices are expressed in Euros and include VAT at 22%. The price guaranteed to the buyer is the one published on the site at the time of shipment. Product prices are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 - PAYMENT
The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the specifically dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. The payment of the fee is due from the moment of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods. The customer guarantees FIP SRL that he has any authorizations necessary to use the payment instrument indicated during the order. In case of non-receipt of payment by FIP SRL, FIP SRL reserves the right to cancel the order. In the case of payment by credit card, FIP SRL reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of 'sending requested, FIP SRL may refuse payment and cancel the order. The payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
9 – TRANSFER OF RISKS
The transfer of risks to the customer occurs upon delivery of the products to the carrier by FIP SRL. During the withdrawal period mentioned in article 13, the customer is responsible for the object as custodian. In the event of damage or destruction of the product while in the customer's custody, the latter will suffer all the consequences.
10 – EXECUTION OF THE ORDER
The order will be executed within the terms specified on the Site and upon acceptance of the order by FIP SRL and in any case within 30 days following confirmation of the order subject to the availability of the product ordered and unless specifically agreed between the parties. In the event of stock exhaustion or unavailability of the ordered product, FIP SRL undertakes to inform the customer as soon as possible and to specify a possible deadline for renewed availability. See art.6 regarding product availability.
11 – DELIVERY
The geographical delivery area corresponds to the geographical coverage area of the offer. Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer. Delivery is intended for street level unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the customer upon final confirmation of the order. Unless otherwise specified at the time of purchase, FIP SRL does not provide an installation service for the products sold. FIP SRL, without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, via the carrier appointed to transport them. FIP SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. Furthermore, FIP SRL cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for transporting them, as well as for delays in delivery attributable to the latter. FIP SRL carries out deliveries throughout Italy. Deliveries in disadvantaged postcodes (e.g. Venice Lagoon, Minor Islands) could lead to variations in the transport rates indicated. If the customer intends to place a purchase order through the site from abroad, he or she must communicate a delivery address in Italy. Delivery is carried out via couriers selected by FIP SRL; PO Boxes are not considered valid addresses for delivery purposes. 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. Upon delivery, the customer must check the content, conformity and condition of the product(s). In the event of delays, breakdowns, total or partial losses or other problems, the customer has the right to appeal to the carrier without FIP SRL's liability ever being brought into question. Therefore, upon delivery, FIP SRL recommends that the customer proceed to check the status of the delivered products before signing the receipt document. If anomalies are found, the customer must refuse delivery of the products or put his reservations in writing, detailed and dated.
12 – WITHDRAWAL 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. In case of absence of the recipient even on the second delivery attempt, the products must be collected at the address and according to the methods indicated by the carrier. In case of failure to collect within the deadline established by the carrier, the products will be returned to FIP SRL which reserves the right to refund the price of the products, leaving the shipping costs to be paid by the customer.
13 – RIGHT OF WITHDRAWAL
The customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, starting from receipt of the order confirmation sent by FIP SRL no later than fourteen working days from receipt of the product at the address indicated for delivery. The date shown on the delivery note is full proof of receipt. The customer may exercise the right of withdrawal by completing the appropriate form received or alternatively by means of a specific communication (including indication of the recipient's details, the order number and the date of receipt) to be sent to the email address [email protected] If the product has already been delivered, the customer is required to return it to FIP SRL. To this end: – the deadline for returning the product is fourteen days from the notice of withdrawal (in the case of reshipment by the customer, the customer must provide proof of shipment). For the purposes of the deadline, the product is considered returned when it is delivered to the accepting post office and/or courier. – if the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. the customer must send the product adequately packaged and packaged; FIP SRL does not accept returns that are damaged, but are kept in a normal state of conservation and kept with the use of normal diligence. Products damaged by detergents/additives, or products damaged by the customer due to incompetence, will not be replaced or refunded. The customer must include a copy of the delivery document received inside the packaging box. The transport risks for returning the products are entirely borne by the customer. – The costs of returning the goods to FIP SRL are borne by the customer. If the customer exercises the right of withdrawal in accordance with the provisions of these conditions of sale, FIP SRL will refund the sums paid by the customer using the same payment method used by the customer for the original transaction (credit card, PayPal, bank transfer) unless otherwise indicated by the customer. The refund will take place, free of charge, within fourteen days from the date on which FIP SRL became aware of the customer's exercise of the right of withdrawal. As provided for by legislative decree 6/9/2005 n. 206 and art. 55 of the Consumer Code, the right of withdrawal regulated by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or altering rapidly.
14 – WARRANTY
In order to guarantee high quality standards, the products undergo quality control procedures by FIP SRL before being shipped. However, in the event of problems, the customer benefits from the legal guarantee from the manufacturing company lasting 24 months. In any case, the products sold benefit from the legal guarantee against hidden defects provided for by articles 1641 and following of the Civil Code. To activate the guarantee, the customer returns the product to FIP SRL at his own expense, attaching the original order receipt. The product will be replaced with an identical product and sent to the customer at FIP SRL's expense, except in the event of unavailability or discontinued production of the product itself. In the latter case, FIP SRL will refund the price of the product to the customer.
15 – USE OF THE SITE
The photographs and videos presenting the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variations, may depend on the software and IT tools used by the customer when connecting to the site. FIP SRL assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they do not depend on its own will.
16 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
FIP SRL informs that the site, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur. FIP SRL reserves the right to act legally to protect these aspects. FIP SRL does not assume any responsibility regarding the trademarks and other distinctive signs that appear on the products marketed by it on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
17 – PROTECTION OF PERSONAL DATA
FIP SRL is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, with the exception of data relating to the payment procedure for which reference is made to banking institutions through the which transaction takes place. For information relating to the processing of personal data, including the rights referred to in art. 7 of the Legislative Decree. 196/03, please refer to the detailed information already provided when registering on the website www.porteitaliane.com or available here.
18 – ELECTRONIC SIGNATURE
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
19 – 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.
20 – 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.
21 – COMMUNICATIONS
For any communication you can contact FIP SRL at the following numbers:
FIP SRL Via Consulare Antica, 402 98071 Capo d'Orlando – Messina Email: [email protected]
22 – APPLICABLE LAW
The sales contract between the Customer and FIP SRL Srl is intended to be concluded in Italy and regulated by Italian law. Any dispute relating to the purchase of the CASALI product which may involve the Manufacturer must be carried out before the Court of Patti, with exclusive jurisdiction, which must apply the rules of Italian law.
Any dispute between the User and the Producer must be preceded by the activation of a mediation procedure to be carried out before the Body INMEDIARY (National Institute for Mediation and Arbitration).
