GENERAL ONLINE SALES CONDITIONS
The conditions indicated below are valid exclusively between the company FILBO SRL, with registered office in Mariano Comense in Via Sant’Agata, 51 / d – Partita Iva 01577000134 and any person (hereinafter referred to as “CLIENT”) who purchases online on the website www.filbosnc.it, in accordance with the provisions of the Consumer Code, as per Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003, in the field of electronic commerce.
The browsing and transmission of a purchase order on the site implies acceptance of the Data Protection Policies and Policies adopted by the site indicated therein.
You can use the site and then access the products provided by the same and to purchase these in the following languages: Italian / English.
These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
ARTICLE 1 – Object of the contract
The contract concerns the sale, by FILBO S.R.L. to the CLIENT, of the products published on the www.filbosnc.it website, where the name of the product and its essential characteristics are expressly indicated.
FILBO S.R.L. undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.filbosnc.it do not constitute a contractual element, but only representative, since the colors and the aesthetic characteristics of the packaging, labels and product may vary due to the monitor used by the CUSTOMER; the seller does not therefore guarantee the correct reproduction of the same.
The data published on the site may be subject to changes or updates, in order to improve the service for the CLIENT; any change will be promptly communicated upon confirmation of the order.
The customer undertakes to examine, before proceeding with the confirmation of their order, these general conditions of sale, in particular the pre-contractual information provided by FILBO S.R.L. and to accept them by affixing a flag in the indicated box.
In the e-mail confirming the order, the CUSTOMER will also receive a link to download and store a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/205
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed in accordance with the provisions of Article 49 of the Consumer Code and, inter alia, of:
– main features of the asset;
– identity of the seller as well as address and contact details;
– total price of goods including taxes, with details of shipping costs and any other costs;
-terms of payment;
-terminal within which FILBO S.R.L. undertakes to deliver the goods;
-conditions, terms and procedures for exercising the right of withdrawal (Article 8 of the present conditions) as well as a withdrawal form as per Annex I, Part B of Legislative Decree 206/2005;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods.
In any case, the CLIENT can at any time and in any case before the conclusion of the contract, be aware of the information related to FILBO S.R.L., such as the geographical address, telephone and fax number, the e-mail address. This information is reported, also below:
FILBO S.R.L., Via Sant’Agata, 51 / d- 22066 Mariano Comense (CO) Tel. -0313551370 fax 0313551370, email email@example.com.
ARTICLE 3 – Conclusion and effectiveness of the contract
It is possible to conclude the contract exclusively through the Internet, by accessing the CLIENT at www.filbosnc.it and the realization of a purchase order according to the procedure provided by the site itself.
Before the conclusion of the contract, you will be asked to confirm the reading of the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
In particular, the sales contract is considered concluded with the submission by FILBO S.R.L. to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate to FILBO S.R.L. any corrections.
FILBO S.R.L. reserves the right to refuse orders that come from: a) from a CUSTOMER with whom it has a legal dispute in progress; b) by a CUSTOMER who has previously violated the conditions and / or terms of the purchase contract with FILBO S.R.L .; c) by a CLIENT who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; d) by a CUSTOMER who has issued false, incomplete or inaccurate identification data.
ARTICLE 4 – Registered Customers
When completing the registration procedures, the CLIENT is obliged to follow the instructions on the site and to provide their personal data in a correct and truthful manner.
The confirmation will exonerate FILBO S.R.L. in any case. from any responsibility regarding the data provided by the CUSTOMER. The CUSTOMER undertakes to promptly inform FILBO S.R.L. of any variation of their data at any time communicated: If then the CLIENT communicates data that are not accurate or incomplete or even if there is a dispute by the interested parties about the payments made, FILBO S.R.L. will have the right not to activate or suspend the service until the related deficiencies have been remedied.
On the occasion of the first request for activation of a profile by the user, FILBO S.R.L. will attribute to the same username and password. The latter recognizes that these identifiers constitute the validation system of the user accesses to the Services and the only system suitable for identifying the user that the acts performed mediated such access will be attributed to him and will have binding effect on his / her comparisons.
The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to temporarily transfer them to third parties.
ARTICLE 5 – Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed.
Also following the sending of the order confirmation e-mail sent by FILBO S.R.L. there may be cases of partial or total unavailability of the goods. In this event, FILBO S.R.L. will contact the CUSTOMER, activating to agree together the most suitable solution. If, in this last hypothesis, there is no possibility of finding an agreement, the CLIENT can request the cancellation of the order, resolving the contract. FILBO S.R.L. will refund any amount already paid within 14 days from the day FILBO S.R.L. he was aware of the client’s decision to terminate the contract.
ARTICLE 6 – Prices
All sales prices of the products indicated on the www.filbosnc.it website are expressed in Euro and do not include VAT.
Once the products have been selected, they will be added to the cart. Simply follow the instructions for the purchase, entering or verifying the information requested in each step of the process. The order details can be changed before payment.
Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made.
The CUSTOMER accepts FILBO S.R.L. to change its prices at any time; in any case it is understood that the goods will be invoiced on the basis of the prices indicated on the website at the time of the creation of the order and indicated in the confirmation e-mail sent by FILBO S.R.L. to the client.
In the event of an IT, manual, technical or any other error that involves a substantial change, not envisaged by FILBO SRL, of the public sale price, such as to make it exorbitant or clearly ridiculous, the purchase order will be considered not valid and canceled and any amount paid by the CUSTOMER will be reimbursed within 14 days from the day of cancellation.
ARTICLE 7 – Method of payment
Any payment by the CUSTOMER can only be made through PayPal (according to the terms and conditions agreed between the Customer and PayPal) or Bank Transfer, or in cash to the courier (within the limits established by law).
The communications relating to the payment and the data communicated by the CUSTOMER at the time the payment is made will be carried out on special protected lines.
ARTICLE 8 – Right of withdrawal
In accordance with the legal provisions in force, the CLIENT has the right to withdraw from the contract, without stating the reasons, within 14 days pursuant to art. 57 of Legislative Decree 206/05 from when the same or a third party appointed by him has received the product and in case of purchase of several products delivered separately but included in a single order, has received the last product.
To exercise the right of withdrawal, FILBO SRL must be informed of the decision by sending an explicit declaration (ie using the withdrawal form referred to in Annex I part B of Legislative Decree No. 206/2005) by e-mail to the following address : firstname.lastname@example.org, or by fax to n. 0313551370.
To meet the deadline, it is sufficient to send the declaration of withdrawal or the form completed in its entirety, before the expiry of the withdrawal period.
In the event of a valid withdrawal exercise, the payments made by the customer will be reimbursed, including the delivery costs (with the exception of additional costs resulting from the choice of the consumer of a type of delivery different from the less expensive type of delivery offered by FILBO SRL), without undue delay and in any case no later than 14 days from receipt of the withdrawal decision. These refunds will be made by bank transfer or PayPal.
The reimbursement may be suspended until receipt and control of the goods or until the CUSTOMER demonstrates that he has sent back the goods, if earlier.
If the product has been delivered, the CUSTOMER must return it intact in its original packaging, complete with all its parts and complete the attached tax documentation, to FILBO SRL, without undue delay and, in any case, within 14 days from the day on which the withdrawal has been announced. The deadline is met if the goods are returned before the end of the 14-day period. The direct costs for the return of the goods will be charged to the CUSTOMER.
ARTICLE 9 – Legal guarantee of conformity
FILBO S.R.L. is responsible for any defect in the products offered on the site, including non-compliance from the articles to the products ordered, pursuant to the provisions of Italian law.
In case of receipt of goods that do not comply with the orders or damaged, the CUSTOMER has the right to restore the conformity of the product without expenses, by replacing it, or to obtain an appropriate price reduction or the termination of the contract with respect to the disputed goods and the consequent return of the price.
If the purchaser has signed the contract as a consumer, that is, any natural person acting on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid on condition that the defect occurs within 24 months from the date of delivery of products; that the buyer presents a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was acknowledged by the latter; that the order return form is completed correctly.
ARTICLE 10 – Delivery methods
FILBO S.R.L. will only accept orders to be delivered in the following geographical areas: Italy, Europe and the rest of the world. FILBO S.R.L. undertakes to fulfill the order of delivery of the goods, which will be carried out by courier at the address indicated by the CUSTOMER at the time of the order, within the estimated time at the time of selection of delivery methods and, in any case, within the deadline maximum 8 working days from the date FILBO SRL sends of the order confirmation e-mail to the CUSTOMER.
The CUSTOMER upon receipt of the goods is required to verify their integrity; if the CUSTOMER had doubts about the integrity of the same, he must indicate it on the delivery receipt, indicating a written reservation or breaking the package and not withdraw the broken package, returning it to the courier. FILBO S.R.L. it will be exempted from any kind of responsibility for damage to the goods delivered if the relative package, even if it has been damaged, will not be accepted with reserve by the CUSTOMER and will be opened by the CLIENT.
For each order placed on the website www.filbosnc.it, FILBO S.R.L. will issue an invoice for the goods shipped. The invoice will be sent by ordinary mail or by e-mail.
The invoice will contain all the information provided by the CUSTOMER during the purchase process.
After the invoice has been issued, it will no longer be possible to make any changes to the data indicated in the same.
If it is not possible to make the delivery, the order will be sent to the warehouse and will remain in storage. In this case, the CUSTOMER will be required to pay in favor of FILBO S.R.L. of the relative storage costs, which will be documented to the CUSTOMER. In this case, a notice will specify where the order is located and how to arrange a new delivery.
If the delivery can not take place due to causes not attributable to FILBO S.R.L. after 8 days from the date when the order is available for delivery, FILBO S.R.L. will assume that it intends to terminate the contract.
As a result of the termination the amounts will be returned, including delivery costs with the exclusion of any additional costs, derived from the choice of a method of delivery different from the ordinary method offered without unjustified delay and, in any case, within 14 days from the date termination of the contract. The transport resulting from the termination of the contract could have additional costs that will be borne by the CUSTOMER.
Shipping costs are charged to the CUSTOMER and are explicitly highlighted at the time the order is placed.
ARTICLE 11 – Responsibility
FILBO S.R.L. assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, in the event that it fails to execute the order on schedule. FILBO S.R.L. is not responsible for the work of the courier who carries the goods, in case of delay in delivery or damage to the same.
ARTICLE 12 – Access to the site
The CLIENT has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of FILBO S.R.L. and are protected by the intellectual property right.
ARTICLE 13 – Cookies
FILBO S.R.L. informs the client of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that the deactivation of cookies will prevent the CLIENT from proceeding with online purchase.
ARTICLE 14 – Conferment and processing of personal data
FILBO S.R.L. undertakes to collect personal data for the sole purpose of registering the CUSTOMER and activating the procedure for executing the order; the data will be processed in compliance with current legislation. The CUSTOMER gives consent to the processing of personal data for the completion of the order and for the receipt of newsletters.
ARTICLE 15 – Integrality
The present general conditions of sale are constituted by the totality of the clauses that compose it. If one or more provisions of these general conditions of sale were considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effectiveness.
ARTICLE 16 – Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that arises will be submitted to the territorial jurisdiction of the judge of the place of residence or domicile of the consumer, if located in the territory of the State; otherwise the competence will be exclusive of the Como forum.
General terms and conditions updated on 01.06.2018