1. GENERAL PROVISIONS
1.1. These general conditions of sale (hereinafter, “General Conditions”) govern all sales of Fangorosa products (hereinafter, “Products” or “Product”) concluded remotely on the website www.fangorosa.com (hereinafter, the “Site”).
1.2. The distance selling service governed by the General Conditions is reserved for consumers, meaning by “consumers” the natural persons, over 18 years of age, who act for purposes unrelated to their commercial, entrepreneurial, craft or professional activity, as well as to professional subjects who purchase Fangorosa products not as final customers, but as part of their commercial or business activity (hereinafter, “Customers” or “Customer”).
1.3. The language used for the conclusion of sales contracts through this Site is Italian.
1.4. Customers are required to carefully read the General Conditions, available on the Site, in order to become aware of them, to memorize and reproduce them. Fangorosa (as defined below) will send a copy of the General Conditions to the Customer pursuant to the provisions of the following article 5.10 of these General Conditions. Contracts concluded with Customers will be archived by Fangorosa for the period provided for by current legislation.
2. IDENTIFICATION OF THE SELLER
2.1 The Seller is FANGOROSA S.R.L. based in Bologna – 40131, Via F. Zanardi 2/5, VAT no. 03862201203, in the person of its pro tempore legal representative Elena Manzardo, e-mail: email@example.com, PEC: firstname.lastname@example.org, hereinafter referred to as “Fangorosa” or “Seller”.
3. INFORMATION RELATING TO PRODUCTS AND THEIR AVAILABILITY
3.1. The information relating to the Products, together with the Product codes and their price, are available on the Site.
3.2. The Products available on the Site represent a selection of the items normally available. The graphic representation of the Products displayed on the Site may differ from reality for reasons related to the software programs and the graphics of the hardware tool used; the Customer must therefore rely exclusively on the description of the Product and on the characteristics of it shown on the Site.
3.3. Fangorosa reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Site. The models and colors of the Products described on the Site may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified via an automatic message. Fangorosa is not liable to the Customer in the event of unavailability of a Product if this occurs before the conclusion of the contract.
3.4. The Customer may enter in the order proposal, for each Product, a maximum of pieces corresponding to the number of pieces available on the site at the time of purchase.
3.5. Fangorosa is in no case responsible for any errors resulting from the failure of the Client’s connection to the Site.
3.6. The Customer has the opportunity to purchase (in the same manner provided for in art. 5, below), a sample of the Product, before proceeding with the order, representative of the materiality of the Product itself. The sample will be delivered to the address provided by the Customer in special packaging, suitable for preserving its structure and aesthetics, with shipping costs borne by Fangorosa. In relation to the sample Product, there is no possibility of return, except in the case in which the Customer wishes to return it to Fangorosa with shipping costs at his expense.
The sample Product, like all the pieces of the order, are unique pieces of Made in Italy craftsmanship by Fangorosa (as per Article 12 below); therefore, any subtle inhomogeneities in the color, in the shades, in the decorations of a tile, demonstrate precisely this uniqueness of the Products and therefore cannot be considered defects or defects of the product, being instead its own characteristics.
4.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Delivery costs must be added to the price of the Products, indicated separately in the order form.
4.2. Fangorosa constantly checks the accuracy of the prices indicated on the Site; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the indication of the price of a Product, Fangorosa will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is found only after the order has been accepted, Fangorosa will offer the Customer the possibility to cancel the order.
4.3. The price of the product indicated on the site is final, except in the case in which – for exceptional situations – Fangorosa considers it appropriate to submit the price to revision. Exceptional conditions are considered, by way of example and not strictly speaking, the sudden and not agreed change in the price of the product by the supplier, the sudden change in customs rates or currency changes and in any case in shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to carry out the renegotiation of the price through an exchange of e-mails in a correct and good faith manner, taking into consideration the documentation produced and certifying the exceptional situations that led to this revision.
5. HOW TO CONCLUDE THE CONTRACT WITH THE SELLER
5.1. The Site reports the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by Fangorosa.
5.3. To make the purchase of a Product, the Customer must (i) insert the selected Product in the “Cart” by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Fangorosa through the Site.
5.4. The transmission of the order proposal constitutes a purchase proposal relating to the selected Product, governed by these General Conditions and binding on the Customer (without prejudice to the right of withdrawal provided for in article 10 below). The transmission of the order proposal by the Customer involves the latter’s obligation to pay the price of the Product, or Products, ordered.
5.5. Before submitting the order proposal, the Customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products that intends to purchase by adding or deleting one or more Products from the “Cart”).
5.7. Within 30 days, Fangorosa may, at its discretion, refuse an order proposal (in this case, no amount will be due by the Customer to Fangorosa, with the exception, possibly, of the sums indicated in the following article 6); the refusal can take place, among other things, in the following cases: (i) in case of unavailability of the Products (without prejudice to the provisions of article 3.3); or (ii) in the event that there is a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are made for commercial purposes; (iii) in case of non-fulfillment by the Customer of its obligations deriving from a previous contract concluded with Fangorosa.
5.8. The contract between Fangorosa and the Customer is concluded when the Customer receives confirmation from Fangorosa of the acceptance of the order proposal forwarded through the procedure provided on the Site. Acceptance (or rejection) by Fangorosa of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal (“Order Confirmation”).
5.9. In case of unavailability of one or more products ordered, the customer will be notified by e-mail. In case of partial acceptance, the customer service will cancel the order (also automatically canceling the authorized amount on the card) and agree with the customer how to create a new order: option 1: the customer will proceed to create a new order independently through the normal purchase procedure provided by the site. option 2: the customer service prepares a new order and sends the customer a link through which the customer (without having to go to the site) can finalize the new order.
5.10. In accordance with the provisions of Article 51, paragraph 7, of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods , information relating to delivery costs, the conditions and methods of exercising the right of withdrawal, the indication of an address to which complaints can be made, information on after-sales assistance services and existing commercial guarantees and a copy of these Conditions General.
5.11. The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.
6. TERMS OF PAYMENT
6.1. The Customer may pay the amount relating to the Products contained in the order proposal and the shipping costs by credit card and / or Stripe and / or bank transfer. Limited to orders over € 1,000.00, the Customer may pay 50% of the amount due at the time of the order and the remaining 50% before delivery, upon receipt of the email from Fangorosa confirming the shipment, by sending to Fangorosa in response to said e-mail the documentation proving the payment of the balance
6.2. Fangorosa accepts payments made using the following credit cards: – Visa; – MasterCard; – American Express; – Discover; – Master.
6.3. Transactions will be debited to the Customer’s credit card only after: (i) the credit card details have been verified; (ii) the debit authorization has been received from the company issuing the credit card used by the Customer; The charge of the amount is done manually after approving the order. (iii) the availability of the Product by Fangorosa has been confirmed.
6.4. No charge will be made to the credit card at the time of transmission of the order proposal, except for the request for authorization to verify the validity of the credit card. It is understood that, following the fulfillment of the order, this temporary charge will be canceled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be canceled in the event of cancellation of the order.
6.5 In the event that, for any reason, within 7 (seven) working days from the date of the Order Confirmation it is not possible to charge the credit card the amounts due by the Customer, it will not be possible to execute the contract and the order is considered canceled.
7.TRANSPORT AND DELIVERY
7.1. Fangorosa delivers the Products to the following countries: Italy. The Products will be delivered to the address indicated by the Customer in the order proposal. No deliveries are made to post office boxes.
7.2. For each order, Fangorosa will issue a specific receipt which will be sent to the Customer via e-mail or sent together with the products in compliance with current legislation. The invoice is issued based on the information provided by the Customer at the time of the order. Changes to the invoice are not allowed after its issue.
7.3. Delivery costs are charged to the customer.
7.4. The purchased products will be delivered by courier selected by Fangorosa (hereinafter “Courier”) on working days (with the exclusion, therefore, of Saturdays, Sundays and local or national holidays). Deliveries will be made within 5 days from the date of the Order (except in the event of force majeure or unforeseeable circumstances) for all standard products available in stock. The customized products will be delivered within 45 (forty-five) days of acceptance of the Order. In case of non-delivery within the aforementioned deadline, the Customer will grant, by communication to be sent to the e-mail address: email@example.com, a further term of 7 (seven) days (or a longer term if this is required by law or is deemed reasonable under the circumstances) for the delivery of the Product concerned, it being understood that, in the event of failure to comply with said additional term, the Customer will be able to terminate the Contract and Fangorosa will have to reimburse all the expenses incurred under this Contract without any delay.
7.5. The Customer (or his / her delegate) is required to check, upon delivery of the Products by the Courier: that the number of packages delivered corresponds to that indicated in the delivery note; and that the packaging and its seals are intact, not damaged, not wet or altered in any way. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier’s delivery note. Where permitted by current legislation, once the Courier’s document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection regarding the external characteristics of the delivered package; it is understood that the Customer may also raise objections subsequently in accordance with the provisions of the following article 12 if such disputes concern other profiles.
8.CONFIRMATION OF SHIPMENT AND DELIVERY
8.1. Fangorosa will send the customer an e-mail confirming the shipment after the shipment of the products.
9.1 PACKS OR PACKAGING
9.1. The Products purchased on the Site are delivered using the normal packaging commonly used by Fangorosa, unless otherwise indicated.
10. RIGHT OF WITHDRAWAL
10.1. Pursuant to Article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or its authorized representative for receipt of the Product) materially comes into possession of the Product itself and, in the case of split delivery, from the day on which the Customer acquires physical possession of the last Product.
10.2. To exercise the right of withdrawal, the Customer must send by e-mail or traditional post, within the term provided in the previous article 10.1: (a) the enclosed withdrawal form, duly completed and signed; or (b) a communication highlighting the Customer’s intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information: (i) indication of the Product for which the Customer wishes to exercise the right of withdrawal; (ii) order number. The communication must be sent to the following address: firstname.lastname@example.org.
10.3. Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 10.2) the Customer must return the purchased Product to Fangorosa by sending it to the following address, choosing the most appropriate shipping method for the value of the Product: via F. Zanardi, 2/5 40131. The costs for returning the Product to Fangorosa are charged to the Customer. The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and operation: therefore, the Customer is required not to remove any labels applied to the Product.
10.4. Fangorosa will refund in full the sums paid by the Customer, including any reasonable delivery costs, without undue delay and in any case no later than 14 (fourteen) days from the date on which Fangorosa was informed of the Customer’s decision to withdraw. from the contract in accordance with this article 10. This refund will be made by Fangorosa with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and on condition that the Customer does not have to incur additional expenses for this refund.
10.5. Fangorosa may suspend the refund until the returned Product has been received by Fangorosa or, if it occurs prior to such receipt, until the moment in which the Customer provides proof of having sent the Product back.
10.6. After the shipment of the Product, the order can no longer be canceled or modified.. The return of Products already shipped must in any case be carried out in accordance with the procedure provided for in this article.
11. CONFORMITY DEFECTS
11.1. Should the Customer believe that there is a defect in a Product sold by Fangorosa, the Customer is required to contact the online assistance, by e-mail or post, at the addresses indicated below: email@example.com; Bologna – 40131, Via F. Zanardi 2/5 within and no later than 8 (eight) days from delivery of the Product.
11.2. In the event that the customer reports the defect in the terms referred to in the previous art. 11.1., Fangorosa will repair or replace the Product.
12. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
12.1. Fangorosa sells only original and high quality products. The warranty is 2 years from delivery and starts from the day the goods are purchased.
12.2. Fangorosa guarantees the authenticity of all Products purchased on the Site. Fangorosa products are made with Italian materials, are packaged by Italian artisans, and are all strictly and entirely MADE IN ITALY.
12.3. Any subtle inhomogeneity in color, in discordant tones or a small asymmetry in the decorations in a tile, demonstrate that the made in Italy craftsmanship of Fangorosa is not only precious, but is even unique.
12.4. Fangorosa products, as well as all related accessories and / or packaging, whether registered or not, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of Fangorosa. [ The Customer expressly acknowledges that the name and logo of Fangorosa, its graphic composition and the know-how relating to the products supplied are the object of intellectual and industrial property of Fangorosa srl protected by copyright and industrial property laws.
Any abusive use will therefore be sanctioned in accordance with the law.
The Customer, a professional subject, may not in any case, without the prior written authorization of Fangorosa, use, cancel, remove any indication relating to patents, trademarks, trade names or origins affixed by Fangorosa to the products supplied.]
13. RESPONSIBILITIES RELATING TO THE LAYING OF THE PRODUCT
13.1. Fangorosa with the supply of the material does not in any way provide the installation service of the Product.
13.2 Fangorosa therefore declines all responsibility for defects and / or faults that may be attributed to the installation operations. Therefore, no claims or claims for damages deriving from defects and / or inconveniences caused during the installation activity, which could affect the use of the material supplied, will be accepted, if its physical, chemical, mechanical, dimensional characteristics comply with the standards by which it was ordered and supplied.
14. APPLICABLE LAW AND JURISDICTION
14.1. These General Conditions and, consequently, the contracts concluded with Customers, are governed by Italian law and must be interpreted on the basis of it (including Legislative Decree no. 206 of 6 September 2005, “Consumer Code” and, in in particular, “Chapter I, Title III of Part III” as well as Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”).
14.2. Any dispute arising from the interpretation, validity and / or execution of these General Conditions, as well as from the interpretation, execution, and violation of the purchase contracts stipulated “on line” through the Seller’s website is subject to Italian jurisdiction, also according to the provisions of art. 3, Conv. 19 June 1980, n. 80/934 / EEC (Rome Convention), on the law applicable to contractual obligations; these general conditions are reported, although not expressly provided therein, to Legislative Decree 6 September 2005, n. 206 of Legislative Decree 06/09/2005, n. 206 (Consumer Code).
14.3. Any dispute arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the mandatory jurisdiction of the judge of the place of residence or domicile of the Customer.
16.1. For further information and assistance on the Site or on how to purchase online, the Customer can contact Fangorosa at the following addresses: firstname.lastname@example.org