Premises
Emporio delle Fate di Giovanna Gomez de Ayala with headquarters in Via Ponte di Formicola, 73/C – 50018 Scandicci FI, VAT number 07310290486 (hereinafter also only the “ Seller ”) sells products (hereinafter also only “ Products ”).
These General Conditions of Sale apply to all sales of Products concluded through the sales channels made available by the Seller, including those concluded remotely and/or online through the website “www.emporiodellefate.com” (of hereinafter the “Site”).
The general conditions of sale set out below are governed in accordance with and in compliance with the national and European regulations in force on the subject, including the Legislative Decree. n. 70/2003, the Legislative Decree. n. 206/2005 and subsequent amendments (hereinafter, “Consumer Code”), European Directive no. 2011/83 EU on consumer rights and the provisions of the civil code for anything not expressly provided here. (hereinafter the “General Conditions of Sale” or “General Conditions” or “Conditions of Sale”).
Definitions
By Customer we generally mean the natural or legal person who purchases one or more Products offered by the Seller on its sales channels both for purposes unrelated to any entrepreneurial or professional activity carried out ("Consumer") and for purposes functional to his own entrepreneurial activity. or professional (“Professional”).
By Professional we mean the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary.
By Consumer we mean the natural person who, when purchasing Products, acts for purposes unrelated to any entrepreneurial or professional activity carried out.
Product means any tangible movable good, including those to be assembled, marketed on the sales channels offered by the Seller
. Purchase Order ( or also "Order" ) means the document - in digital format - sent by the Customer to the Seller at the end of the purchase procedure. It is binding for the Customer, presupposes full knowledge of these General Conditions of Sale and acceptance of the same by the Customer including the right of withdrawal and the Privacy Policy .
Purchase Order Confirmation ( or “ Order Confirmation ”) means the email sent by the seller to the Customer upon receipt of the Purchase Order and entails acceptance of the Purchase Order by the Seller.
Privacy Policy means the document contained on the Site with the same name which informs Customers on the processing of their personal data https://www.emporiodellefate.com/privacy-policy/ .
1. Scope of application
1.1 These General Conditions govern the sale of the Products offered by the Seller to its Customers through the sales channels used by the latter.
Before proceeding with the purchase of Products, the Customer is required to carefully read the General Conditions of Sale, made available to users in the specific section of the Site called "Terms and Conditions" .
Sending the Purchase Order to the Seller, or the purchase concluded by the Customer directly in the store , presupposes total and absolute knowledge of these General Conditions of Sale and entails their full acceptance by the Customer.
If the Customer is a Consumer, once the online purchase procedure has been completed, he/she will print or save an electronic copy and in any case keep these General Conditions of Sale, in compliance with the provisions of articles 3 and 4 of Legislative Decree 185 /1999 on distance selling.
The provisions of these General Conditions of Sale and the Consumer Code (which is expressly referred to) for "consumer" protection apply exclusively to Customers classifiable as Consumers.
1.2 These Conditions of Sale may be modified by the Seller at any time.
Any changes will be in force from the moment of their publication on the Site in the " Terms and Conditions" section, accessible through the "Useful Pages" menu in the footer of the site .
Before making any purchase, customers are invited to consult the most updated version of the same.
In any case, the applicable Conditions of Sale are those in force on the date of transmission of the Purchase Order for a product by the Customer.
1.3 These General Conditions do not regulate the sale of products offered by parties other than the Seller, even if there is an explicit reference to such products on the Site via links , banners or other hyperlinks.
Therefore, the Customer is invited, before placing orders and/or purchasing products and services from parties other than the Seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held responsible for the supply of goods or services by third parties or which have been sold to the Customer by another supplier, including through reference/hypertext link, link, banner present on the Site.
1.4 For information relating to the processing of Customers' personal data, please refer to the content on the Site in the "Privacy Policy" area.
2. Conclusion of the Contract
2.1 In distance and online , to conclude the purchase contract for one or more Products, the Customer must place a Purchase Order for the Products.
The contract is concluded when the Customer receives confirmation of the Purchase Order from the Seller at the indicated email address.
The confirmation email will contain the date and time of execution of the order, the essential characteristics of each product ordered, the price (including applicable taxes or duties), any shipping costs to be paid by the Customer and a "Customer Order Number" . ", to be used for any further communication with the Seller which must also be indicated in the reason for the bank transfer.
2.2 By transmitting the Purchase Order, the Customer accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale - including the information on the right of withdrawal referred to in article 11 of these Conditions of Sale and any further information contained on the Site and in the " Privacy Policy " area.
2.3 the Seller reserves, in any case, the right not to accept Purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products.
2.4 If the Seller does not receive payment within 5 days of sending the Purchase Order confirmation email, it will send the Customer a payment reminder email. If, after a further 5 days from sending the reminder email, the Seller does not receive payment, the contract will be considered automatically terminated.
3. Online purchases via the Site
3.1 Purchase Orders can be placed directly by the Customer, through the Site, only by adults who are not legally incapacitated.
3.2 For purchases via the Site, in addition to what is already expressed in the previous article 2, the Customer fills out a purchase order using an order form in electronic format to be transmitted to the Seller electronically following the instructions provided by the Site during the purchase procedure. online purchase;
before completing the purchase, you have the right to correct any errors in data entry.
The Customer can register on the Site by entering the requested data and creating access credentials.
It is necessary to provide the Seller with a valid e-mail address in order to allow him to send the Customer all the information relating to the purchase order as well as the communications required by these General Conditions of Sale.
3.3 The registration credentials on the Site (email address and password) must be used exclusively by the Customer and cannot be transferred to third parties.
The Customer undertakes to keep them secret and to ensure that no one has access to them.
The Seller will in no case be responsible for the improper or abusive use of the credentials even by third parties other than the Customer.
3.4 The Customer will find the " product sheet " containing the description and characteristics of the same indicated on the Site for each product, together with one or more representative images.
The images and descriptions present in each " product sheet " reproduce the characteristics of the Products as faithfully as possible but must always and in any case be understood as indicative.
For the purposes of completing the purchase, the Customer must consider as effective only the description of the product contained in the purchase order and in the relevant confirmation email sent by the Seller.
3.5 To view the selected Products and their overall price you need to click on the cart icon.
It is recommended to verify the correctness of the contents of the cart before confirming the Purchase Order of the Products.
The Customer, at the time of sending the Purchase Order, also confirms that he/she knows and fully accepts these General Conditions of Sale, to which reference is made via link, including the information on the right of withdrawal referred to in the following art. 11 and the Privacy Policy, which will in any case be considered read, known and accepted at the time the Order is sent.
3.6 The Customer may peremptorily cancel the order no later than 2 (two) hours from sending the order to the Seller by promptly notifying the address gomez_giovanna@yahoo.it .
4. Product Prices
4.1 All Product prices are expressed in Euros.
“Operation without application of VAT pursuant to art. 1 co. 54-89, of law n. 190/2014 as amended by law no. 208/2015 and law no. 145/2018". Any taxes, duties and duties applicable in the country of destination of the Products, where this is different from Italy, will be borne by the Customer.
4.2 The Seller reserves the right to change the prices of the Products at any time;
any price changes will not, however, be applied to Customers who have already sent the Purchase Order to the Seller.
4.3 In the event that a product is offered through the Site at a discounted price, the full reference price against which the discount is calculated will be indicated.
4.4 At the Seller's discretion, certain offers on the Products may be reserved, even temporarily, exclusively for purchases made through the sales channels indicated from time to time by the Seller (e.g. exclusively for online sales via the Site, or for sales in store, etc.).
5. Delivery Costs
5.1 Delivery costs are borne by the Customer and are specifically indicated in Euros and inclusive of VAT in the purchase order and in the confirmation email sent to the Customer.
Delivery costs may vary depending on the delivery method chosen and/or in relation to the payment method used and the quantity/weight of the products.
For smaller islands or remote locations there may be a supplement which will be communicated by Customer Service once the order is completed.
6. Payment and invoicing methods
6.1 Payment by the Customer can be made in Euros using one of the payment methods indicated on the Site and listed below:
PayPal: payment for the Products purchased on the Site can be made using the PayPal payment solution.
If the Customer chooses PayPal as a means of payment, he or she is redirected to the website www.paypal.it where he or she can pay for the Products based on the procedure established and regulated by PayPal and the terms and conditions of the contract agreed upon by the Customer with PayPal. . The personal data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the credit card data connected to the Customer's PayPal account or the data of any other payment instrument connected to that account. Stripe: With Stripe prepayment, the customer must pay for the goods or services before they are shipped or received. This payment method offers companies greater financial security, as they do not have to wait for payments. Prepayment also reduces the risk of default, as it is more difficult to cancel an invoice after it has already been paid.
7. Delivery of the Products
7.1 Deliveries of the Products are made only within the territory of the European Union.
7.2 For any information regarding delivery, the Customer can contact the Seller's Customer Service, whose contact details are indicated in the " Contacts " area of the Site.
7.3 For the Seller, the obligation to deliver the goods is considered fulfilled upon transfer of availability material of the goods to the person in charge of transport/shipment.
7.4 Before finalizing the purchase, the estimated shipping date of the Products will be indicated, which may vary depending on the geographical location of the Customer and the delivery method.
In the event that the Purchase Order concerns multiple Products, for which different shipping times are foreseen, the estimated shipping date must be considered the one referring to the item whose shipping is scheduled last.
7.5 The shipping terms start from the moment the Seller receives the payment.
Under no circumstances can the Customer ask the Seller to postpone the shipping date of the purchased goods.
7.6 The Products purchased will be delivered by courier chosen by the Seller, to the address indicated by the Customer in the purchase order, according to the costs and terms reported during the purchase procedure.
The delivery of the Products will in any case be carried out at "roadside".
7.7 If the Order includes bulky items, these could be shipped on a pallet, which will be delivered to the Customer together with the articles, with the disposal of the platform being the sole responsibility and responsibility of the Customer.
7.8 If after three delivery attempts by the courier it has not been possible to deliver the goods to the recipient, the Seller will send an e-mail to the Customer to communicate that the product is in stock.
From this moment the Customer will be able to collect the goods from the fixed warehouse within 10 days after which the Seller will have the right to collect the product, returning to the Customer the sum paid by the latter for the purchase, with the exception of shipping costs which they will however remain the responsibility of the Customer. 7.9 The Seller is not responsible for failed or delayed delivery due to causes of force majeure, such as but not limited to strikes, measures by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, heavy snowfall, flooding and damage to industrial machinery not dependent on the Seller.
The Seller, as soon as it becomes aware, will promptly notify the Customer of the occurrence of the force majeure event.
7.10 The Customer's right to choose the courier is excluded.
In the event of loss/damage to the Products for reasons not attributable to the Seller if the Customer is a Consumer, art. 63 paragraph 1 of the Consumer Code.
8. Product Compliance
8.1 It is up to the Customer to check the conditions of the Products delivered.
It is the Customer's responsibility, upon delivery of the goods, to check that the packaging is intact, not damaged or otherwise altered, including the closing materials (so-called "quality check").
Any damage and/or alteration of the packaging must be immediately reported to the courier carrying out the delivery and, in this case, the Customer has the right to accept the goods with a "cautious reservation" to be written in the courier's DDT: E.g.: "box with holes on the side”, “box opened and without personalized ribbon”, “box damaged”, etc. Under no circumstances may the Customer verify the integrity of the Products contained in the packaging in the presence of the courier at the time of delivery, without prejudice to the Customer's right to " accept with reservation".
8.2 In the event that the product has suffered damage during transport, the Customer must notify the Seller via e-mail within the following 24 hours, detailing the damage that the product has suffered.
9. Defects of conformity
9.1 The Products must be checked by the Customer in order to ensure that they correspond to the items ordered and that they do not present defects or further defects of conformity.
9.2 In the event of a lack of conformity, the Customer has the right to restore, without charge, the conformity of the goods through repair or replacement, or to an adequate reduction in the price or termination of the contract.
9.3 The guarantee of legal conformity of the goods, provided for by the articles.
128 ff. of the Consumer Code, is equal to 24 months: the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect. For customers who do not fall into the category of "consumers", the legal guarantees provided for by Italian law and article 1490 et seq. of the civil code are applicable.
It is also recommended to report any obvious signs of tampering or alteration of the packaging to the address indicated above.
10. Right of withdrawal for the Consumer
10.1 If the Customer is also a Consumer, he can exercise the right of withdrawal without any penalty and without specifying the reason by returning to the Seller all or part of the Products purchased within 14 days from the date of receipt of the goods or, in the case of multiple goods ordered by the Customer by means of a single order and delivered separately, from the day on which the last ordered product is received.
10.2 It is sufficient for the Customer to communicate to the Seller the desire to exercise the return by accessing the website https://www.emporiodellefate.com/contatti/ , completing the contact form and indicating for each item to be returned: order number, invoice date /order, item code, quantity and reason for return.
10.3 In order for the return to be accepted by the Seller, the Products must be returned within the peremptory period of 14 (fourteen) days from the date on which the Customer communicated to the Seller that he wishes to make the return by sending the return form and in compliance with all the conditions set out below:
– the Products must be returned complete with all original packaging (boxes, accessories, tags, protections, etc.);
– the Products must be accompanied by the purchase receipt;
– the Products returned by the Customer must not have been opened, used or damaged, but may have been manipulated and inspected to establish their nature and characteristics;
– any damaged Products being returned must be returned as received by the Customer, without the Customer subjecting them to modifications, manipulation or attempts at repair.
10.4 In the event of withdrawal, all payments made to the Seller will be refunded to the Customer, according to the payment methods chosen for the purchase, with the exception of the following expenses which will remain the responsibility of the Customer: –
initial costs possibly incurred for the shipping of the Purchase Order;
– expenses relating to the return of goods;
– any expenses incurred for cash on delivery.
In case of withdrawal, shipping costs are borne by the Customer.
The refund will be made, without undue delay, within 14 days of receipt of the returned Products and after verification of their integrity by the Seller.
The shipment, until the Seller certifies receipt, is under the responsibility and risk of the Customer.
10.5 In the event of damage to the goods during transport for return, the Seller, upon discovery of the damage, will notify the Customer of the incident (within five working days of receipt of the product in its warehouses), to allow the Customer to raise a timely complaint against the courier chosen by him and obtain a refund of the value of the product (if insured by the Customer).
The Seller is not responsible for damage, theft or loss of products returned by uninsured shipments at the Customer's expense.
10.6 The right of withdrawal lapses in the event of a defect in the substantial integrity of the returned goods, and so by way of example in the case of:
– lack of the external packaging and/or the original internal packaging;
– absence of integral elements of the product (accessories, manuals, parts, etc.);
– damage to the product;
– abnormal state of conservation.
In the event that the Customer forfeits the right of withdrawal, the Seller will return the purchased product to the Customer, charging the shipping costs to the Customer.
10.7 The provisions on the right of withdrawal provided for by the Consumer Code apply exclusively to protect the Consumer and, therefore, do not apply to other categories of customers, for whom this right must be expressly excluded.
11. Complaints
11.1 If the Customer intends to lodge a complaint against the Seller, it may be presented through the ODR platform (Platform for online dispute resolution), managed by the European Commission.
The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
12. Limitation of Liability
Without prejudice to the above, for the hypotheses expressly regulated below:
12.1 The Seller is not responsible in the event of delays in the delivery of the Products offered for sale due to insufficient stocks at its suppliers.
12.2 To the extent permitted by law, the Seller declines all responsibility in the event that the Products delivered do not comply (in whole or in part) with the legislation of a delivery country other than Italy.
12.3 the Seller is also not responsible in the event of non-substantial differences between the Products purchased and their illustrative images and text descriptions published on the Site.
12.4 Except in the case of willful misconduct or gross negligence, the Seller will be responsible only for any damage direct and predictable at the time of conclusion of the purchase of its Products.
Therefore, the Seller assumes no responsibility for indirect damages or other types of damage or costs, including, by way of example and not limited to, any losses suffered, lost profits or any other damage that is not an immediate and direct consequence of its contractual breach. or which were not foreseeable at the time of conclusion of the purchase of the Products. 12.5 The Seller is not responsible for the fulfillment of the obligations of third parties (other than the Seller and its group companies) who may offer commercial guarantees in relation to their products offered for sale on the Site or in the Seller's stores.
13. Privacy
13.1 The Customer can always obtain information on how the Seller processes his personal data by accessing the “Privacy Policy” available on the Site.