General Terms and Conditions
These General Terms and Conditions govern the distance purchase through the website accessible at the URL: www.fornitalia.com (hereinafter, the “Site”) of catalogue goods. These General Terms and Conditions of Sale are drafted in compliance with Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and subsequent amendments, with particular reference to Section II, and Legislative Decree no. 70 of 9 April 2003, implementing the EU Directive on Information Society services (the “E-Commerce Directive”).
1.1 For the purposes of these general terms and conditions it is meant (without distinction between use in the singular or plural) by:
- a) “Fornitalia Sas Di Leopoldo Caporali & C.”: the supplier and seller of the products offered for sale on the Site;
- b) “Customer”: the natural person (consumer or professional, as defined below) or legal entity that purchases products and/or services on the Site by accepting these General Conditions of Sale;
- c) “Consumer”: the natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out;
- d) “Distance Contract”: the contract having as its object the goods offered on the Site to the Consumer or Professional within the framework of an organized distance selling scheme without the simultaneous physical presence of Fornitalia Sas Di Leopoldo Caporali & C. and the Customer, through the exclusive use of one or more means of distance communication up to and including the conclusion of the contract
- e) “Parties”: Fornitalia Sas Di Leopoldo Caporali & C. and the Customer collectively
- f) “Product(s)”: the goods offered for sale on the Site, through the same, purchasable through the conclusion of the relevant distance contract
- g) “Professional”: the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or its intermediary;
- h) “Site”: altogether, it is the website www.fornitalia.com, owned by Fornitalia Sas Di Leopoldo Caporali & C. or other websites and platforms related to it, where it is possible to conclude a Distance Contract;
- i) “Remote Communication Technique“: any means that, without the simultaneous physical presence of Fornitalia Sas Di Leopoldo Caporali & C. and the Client, may be used for the conclusion of the Contract between said parties, including the Website.
1.2 The rules specifically provided for the protection of the Consumer do not apply to the Professional client, who therefore may not rely on the particular rights and terms provided by these General Conditions exclusively in favour of the Consumer, without prejudice to the applicability of the other conditions.
2.1 These General Conditions of Sale regulate distance Contracts entered into by means of distance communication techniques (including on-line, through the Site) between Fornitalia Sas Di Leopoldo Caporali & C. and customers and concerning Products offered for sale.
2.2 The Distance Contract is governed by the version of the General Conditions of Sale in force at the time the order is placed by the Customer.
2.3 The purchase operations of Products and the stipulation of the relative distance contracts are subject to the prior acceptance of the present General Sale Conditions and to the registration on the Internet Site of the Customer making the purchase.
3. INFORMATION TO THE CUSTOMER.
3.1 Where the distance contract is entered into between Fornitalia Sas Di Leopoldo Caporali & C. and a Consumer, pursuant to art. 49 of the Consumer Code, the following mandatory information is provided.
3.2 The identity, registered office and contact details of the supplier of the Products offered for sale on the Site are as follows:
Fornitalia Sas Di Leopoldo Caporali & C.
Registered Office: Via Archimede, 327 – 21047 Saronno (VA)
Share Capital: Euro 15,493.71 i.v.
Tax Code: 02046320129
VAT No.: 02046320129
Varese Companies Register Registration Number: 02046320129
Tel. +39 02.96459069
Fax +39 02.96459628
The registered office and the above-mentioned addresses are indicated – also pursuant to Article 49, paragraph 1, letter (d) of the Consumer Code – as the address where the Consumer-Customer may send complaints.
3.3 The essential characteristics of the products are set forth in special technical data sheets published on the Site – accompanied by photographic images – which the Customer may view before submitting a purchase offer. Inside of such cards or the relevant publication web pages in the purchasing process shall also contain the following information :
- a) the availability and price of the Product, including all taxes and levies payable by the Customer;
- b) the duration of the warranty
- c) the additional expenses and costs for delivery, depending on the shipping and delivery methods offered on the Site and chosen by the Customer, and any other additional cost elements, which shall be borne by the Customer (it is specified and informed to the Consumer pursuant to Article 57 of the Consumer Code that the costs of returning the Products in the event of exercising the right of withdrawal pursuant to Clauses 8 and 9 below shall be borne by the Customer)
- d) the duration of validity of the various offers and prices (including in the case of promotional sales, special offers and/or discounts applied)
- e) the terms of payment, delivery and performance of the contract, and, specifically, the date by which Fornitalia Sas Di Leopoldo Caporali & C. undertakes to deliver the Product and, where applicable, the handling of complaints.
3.4 With reference to the right of withdrawal, see Clauses 8 and 9 below.
3.5. The online publication of these General Terms and Conditions of Sale and in particular of the information contained in Article 3 shall be considered as a communication of information on a durable medium provided to the Consumer-Client pursuant to Article 51 of the Consumer Code.
4. INFORMATION DIRECTED TO THE CONCLUSION OF THE DISTANCE CONTRACT.
4.1 Article 11 of Legislative Decree 70/2003 requires each supplier of goods to provide Customers with specific information directed to the conclusion of the distance contract. Hereinafter, Fornitalia Sas Di Leopoldo Caporali & C. complies with the relevant information obligations towards the Customers.
4.2 With reference to the various technical steps to be followed for the conclusion of the contract, on the Site it is possible to follow a guided procedure that, at any time, allows the Customer to verify and then validate any information entered and to correct errors before the temporary forwarding of the electronic form containing the proposed purchase order and until the conclusion of the distance Contract.
4.3 Once the Distance Contract has been concluded, it shall be archived and the Customer shall find the text in his own area of the Control Panel and shall receive an e-mail summarising the purchase made and the contract concluded.
4.4 With reference to the technical means made available to the Customer to detect and correct errors in data entry before placing the order, the system for concluding the distance contract on the Site requires the Customer to confirm the correctness of the data entered and automatically reports any errors arising from the omission of mandatory data in the various fields of the on-line order.
4.5 There are no other languages available for concluding the contract other than Italian and English.
4.6 With reference to the indication of the means of settlement of disputes, please refer to the link: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .
4.7 The clauses and general terms and conditions of the contract proposed to the Customer are and remain at his disposal on the website www.fornitalia.com: storage and reproduction are always possible by saving the web page or by using the copy/paste option. Furthermore, the e-mail confirming receipt of the order sent to the Customer shall summarise the General Terms and Conditions of Sale, or provide the Customer with a link where he can view and print them.
5. CONCLUSION OF THE DISTANCE CONTRACT.
5.1 Fornitalia Sas Di Leopoldo Caporali & C. guarantees that, at the time of placing the order, the Customer expressly declares that the proposed purchase – where accepted by Fornitalia Sas Di Leopoldo Caporali & C. – will entail the obligation to pay the established price and all specified costs.
5.2 By sending the order proposal, the Customer offers to purchase a Product, paying the established price and all specified costs. Sending the order proposal does not bind Fornitalia Sas Di Leopoldo Caporali & C in any way, nor can the online offer of products be understood as a proposal to the public pursuant to Article 1336 of the Italian Civil Code. Only if Fornitalia Sas Di Leopoldo Caporali & C. accepts – specifically and from time to time by explicit communication via e-mail sent to the Customer – the proposed purchase order received by the Customer, the conclusion of the Distance Contract will be determined.
5.4 In the event of acceptance of the proposed purchase order received by the Customer, Fornitalia Sas Di Leopoldo Caporali & C. will acknowledge receipt of the order received, transmitting the order confirmation to the e-mail address that the Customer indicated when registering on the Site. Such acceptance and order confirmation will contain – as required by applicable law – a summary of the general and particular conditions applicable to the distance contract already entered into, information relating to the essential characteristics of the Product and a detailed indication of the price, means of payment, right of withdrawal where applicable, delivery costs and applicable taxes.
6. ACCEPTED MEANS OF PAYMENT
6.1 Fornitalia Sas Di Leopoldo Caporali & C. exclusively accepts the following forms of payment: Credit Card of the main circuits, or bank transfer in advance. The amount due shall be debited on the date the order is confirmed. The holder of the order paid by credit card must be the owner of the credit card used. Fornitalia Sas Di Leopoldo Caporali & C. reserves the right to request the Customer to send a copy of a valid identity document by e-mail or fax to verify ownership.
6.2 Card data is managed directly by Stripe, a company specialising in the management of on-line payments. The information is encrypted through the use of 128-bit encryption systems (SSL) that prevent its use by third parties and is sent directly to the Bank. Fornitalia Sas Di Leopoldo Caporali & C. does not view or access the relevant data.
6.3 Fornitalia Sas Di Leopoldo Caporali & C. reserves the right to verify compliance with the conditions mentioned in this clause, by requesting the bank issuing the card to verify the genuineness of the card’s ownership. This activity takes approximately 5 working days. At the end of the same, in the event of a positive outcome, we shall proceed with the delivery of the order placed.
7. EXECUTION OF THE DISTANCE CONTRACT.
7.1 Unless otherwise agreed by the Parties or except in cases where – with reasonable notice – Fornitalia Sas Di Leopoldo Caporali & C. informs the Customer of different delivery and execution times of the Contract, depending on the availability of products – and without prejudice to the cases provided for by the following clause 7.6, which shall not be considered as an extension of delivery times attributable to Fornitalia Sas Di Leopoldo Caporali & C. – the Distance Contract, concluded pursuant to these General Conditions of Sale, shall be executed within a maximum of thirty days starting from the day after the day on which Fornitalia Sas Di Leopoldo Caporali & C. transmitted the order confirmation to the Customer pursuant to Article 5.4 of these General Conditions, or within the longer term indicated in the order confirmation.
7.2 The delivery obligation is fulfilled by Fornitalia Sas Di Leopoldo Caporali & C., through the delivery to the carrier of the products ordered by the Customer. Should Fornitalia Sas Di Leopoldo Caporali & C. fail to fulfil its obligation to deliver the products within the agreed term, the Customer shall be obliged to invite it to make the delivery within an additional term appropriate to the circumstances. If the additional period thus granted expires without the Products having been delivered to the Customer, the Customer shall be entitled to terminate the Distance Contract.
7.3 When the courier makes the delivery, the Customer shall check :
– that the package is intact, not damaged or wet and in any case conforms to the standard characteristics.
– that the number of packages indicated on the invoice corresponds to the number of packages actually delivered.
Any disputes must be raised immediately with the carrier, failing which the Product shall be deemed to have been delivered correctly. The invoice, contained in the special pocket on the outside of the package, shall be retained.
If, upon delivery of the Product, there is obvious damage to the packaging, the Customer shall:
- express a reservation, i.e. the package is accepted, but before signing the delivery document, the Customer shall write “I accept with reservation”, so that it is possible, once the package is opened and any damage is found, to immediately activate the warranty procedure.
- reject damaged goods if it is not possible to accept the package with reservation or if the damage is in any case visible without opening the package.
In the event of defective Products under warranty, the costs of returning the Product for replacement shall be borne by Fornitalia Sas Di Leopoldo Caporali & C.
7.4. Additional costs (with respect to the price of the Product, which in any case will be shown on the Site as a total amount and inclusive of taxes, to which must be added – according to the indications on the Site-, the costs to be borne by the Customer for shipping, delivery or other) due to shipping, delivery or postal costs or other costs if any ( e.g. additional costs for any insurance coverage required by the Customer for the shipment of a particular Product) shall be borne by the Customer.
Pursuant to Article 51, paragraph 3, Customers are informed that there are no delivery restrictions.
7.5 In the event of non-execution of the order by Fornitalia Sas Di Leopoldo Caporali & C. due to the unavailability, even temporary, of the requested Product, Fornitalia Sas Di Leopoldo Caporali & C. will promptly inform the Customer, providing:
- a) to fulfil by making a supply different from that agreed upon, of equivalent or superior value and quality, where the Customer specifically agrees to this in response to the communication with which Fornitalia Sas Di Leopoldo Caporali & C. has previously informed him of the unavailability of the Product requested
- b) to the reimbursement of any sums already paid for the payment of the supply, in case the Customer does not intend to accept a supply different from that agreed upon, of equivalent or superior value and quality, subject however to clauses 7.6, 7.7 and 7.8 below.
7.6 Where the Customer requests shipment and delivery to a country other than Italy – and where this option is available on the Site – upon arrival in the Customer’s country, the Product purchased may be subject to the payment of customs charges (by way of example, taxes, duties, commissions, etc.), to be paid by the Customer. Fornitalia Sas Di Leopoldo Caporali & C. is not responsible for such customs charges and is not required to check the respective amounts. The Customer is therefore responsible for verifying in advance the amount of any such charges, which cannot be predetermined. For this reason, Fornitalia Sas Di Leopoldo Caporali & C. suggests the Customer – before submitting any proposed purchase order – to verify any such charges with the competent customs offices of the country of delivery of the Products in order to obtain detailed information on the matter.
7.7 Should the Customer refuse the purchased Product upon its arrival or refuse to pay the respective customs charges, all costs relating to unpaid customs charges (both those relating to the delivery in the Customer’s country and those that Fornitalia Sas Di Leopoldo Caporali & C. will be required to pay to the customs agents for the return of the Product/s to Italy) shall be charged to the Customer.
7.8 Customs procedures may cause delays in the delivery of the Product. Should delays occur that are not attributable to the Seller; the Customer is advised to make the appropriate checks at the relevant customs offices. The invoice for customs charges may arrive weeks after receipt of the Product by the Customer.
8. RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT
8.1 For Customers represented by consumers only, the right of withdrawal shall be exercised (therefore excluded for Customers represented by natural persons who are professionals and/or legal persons, just as all the rights and faculties deriving from a valid exercise of the right of withdrawal are excluded for these categories of Customers) according to the following terms and conditions.
8.2 The Consumer-Customer shall have a period of fourteen days to withdraw from the Distance Contract without having to provide any reasons, without incurring any liability and without having to incur any costs other than those provided for in the following clauses.
8.3 The withdrawal period referred to in clause 8.2 ends after fourteen days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods or
1) in the case of multiple products ordered by the Consumer by means of a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product;
2) in the case of delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the last lot or piece;
3) in the case of contracts for the periodic delivery of goods during a certain period of time, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the first good.
8.4 Before the expiration of the withdrawal period, the Consumer shall inform Fornitalia Sas Di Leopoldo Caporali & C. of its decision to exercise its right of withdrawal from the Distance Contract. To this end, the Consumer may:
1) submit any explicit statement of his decision to withdraw from the Distance Contract, by transmitting it without any formality to any of the addresses indicated in Art. 3.2 of these General Conditions of Sale;
Fornitalia Sas Di Leopoldo Caporali & C. shall communicate to the Consumer a confirmation of receipt of the notice of withdrawal exercised, on a durable medium.
The Consumer may promptly exercise the right of withdrawal, by written notice sent before the expiration of the withdrawal period. The burden of proof relating to the exercise of the right of withdrawal shall be on the Consumer.
8.5 The integrity of the Product to be returned – following the exercise of the right of withdrawal – is an essential condition for the exercise of the right itself, as well as for obtaining the refund of the amounts paid by the Customer.
9. EFFECTS OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT. OBLIGATIONS OF THE PARTIES.
9.1 The exercise of the right of withdrawal – within the terms and in the manner specified in art. 8 – by the Consumer terminates the obligations of the Parties:
- a) to execute the Distance Contract, if already concluded;
- b) to execute the Distance Contract in cases where the withdrawal occurs after the order proposal has been sent by the Consumer and before Fornitalia Sas Di Leopoldo Caporali & C. has accepted said proposal, by sending the order confirmation.
9.2 In the event that the right of withdrawal is exercised – within the terms and in the manner specified – Fornitalia Sas Di Leopoldo Caporali & C. shall reimburse the Consumer for all payments received by the latter, possibly including delivery charges, except for any costs of returning the product, without undue delay and in any event within fourteen days from the day on which Fornitalia Sas Di Leopoldo Caporali & C. was informed of the Consumer’s wish to withdraw from the contract. The sums shall be deemed to be reimbursed within the terms if they are actually returned, sent or credited with a value date not later than the expiration of the term indicated above.
9.3 Fornitalia Sas Di Leopoldo Caporali & C. shall refund the sums to the Consumer using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly requested otherwise. The Consumer shall not incur any costs as a consequence of the refund, except for the cost of returning the Product.
9.4 Fornitalia Sas Di Leopoldo Caporali & C. shall not be obliged to reimburse the additional costs of shipping and delivery, if the Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered on the Site, nor any amount by way of customs charges – where applicable – as specified in clauses 7.6 and 7.7.
9.5 Fornitalia Sas Di Leopoldo Caporali & C. may withhold reimbursement until it has received the Products back or until the Consumer has demonstrated that it has returned the Products.
9.6 The Consumer shall return the Products or deliver them to Fornitalia Sas Di Leopoldo Caporali & C. without undue delay and in any case within fourteen days from the date on which it communicated its decision to withdraw from the Distance Contract. The deadline shall be deemed to have been met if the Consumer sends back the Products before the expiry of the fourteen-day period indicated above. The Consumer shall only have to bear the direct cost of returning the Products. The substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. The Products must be returned in an intact state of preservation and with original labels – where present – which have not been removed, in the same conditions in which they were received, provided with the original packaging and all accompanying documentation. The packaging of the Products must be accurate, in order to safeguard the original wrappings from damage, affixing of writing or labels.
10. WARRANTY ON THE PRODUCTS AND, IN PARTICULAR, WARRANTY IN FAVOUR OF THE CONSUMER.
10.1 The products offered for sale on the site are guaranteed, in general, for two years from the date of delivery. The technical data sheets of the individual products indicate any different guarantee terms and the parts of the Product which, due to their wear and tear, are subject to shorter guarantee terms.
10.2 In the sole cases in which the distance contract has been concluded with a Consumer, and in the hypotheses in which the Product purchased turns out not to be in conformity with the provisions of the distance contract, based on what is specified in art. 129 and following of the Italian Consumer Code, the Consumer may benefit from the warranty rights as specified in the following paragraphs.
10.3 In the event of a lack of conformity of the Product, the Consumer shall have the right to the restoration, without expenses and within a reasonable term, of the conformity of the goods by means of repair or replacement or an adequate reduction of the price or the termination of the contract.
The Consumer may request, at its option, Fornitalia Sas Di Leopoldo Caporali & C. to repair the goods or replace them, without charge, unless the requested remedy is objectively impossible or imposes disproportionate costs on the Seller. One of the two above remedies shall be deemed excessively onerous if it imposes on Fornitalia Sas Di Leopoldo Caporali & C. unreasonable expenses in comparison with the other, taking into account :
- a) the value the goods would have if there were no lack of conformity
- b) the extent of the lack of conformity
- c) whether the alternative remedy can be pursued without significant inconvenience to the Consumer.
10.4 The Consumer may request, at its option, an appropriate reduction in the price or the termination of the contract if one of the following occurs :
1) the seller has failed to repair or replace the goods or has failed to repair or replace them where possible, or has refused to bring the goods into conformity where repair is impossible or the cost is disproportionate
2) a lack of conformity becomes apparent despite the seller’s attempt to restore the goods to conformity
3) the lack of conformity is so serious as to justify an immediate reduction of the price or rescission of the contract of sale
4) the seller has stated or it is clear from the circumstances that the seller will not restore the goods to conformity within a reasonable time or without significant inconvenience to the consumer.
In determining the amount of the reduction or the sum to be refunded, the specific use of the Product shall be taken into account.
10.5 After the Purchaser has reported the lack of conformity, Fornitalia Sas Di Leopoldo Caporali & C. may offer the Purchaser any other remedy available among those indicated above, with the following effects
- a) if the Consumer has already requested a specific remedy, Fornitalia Sas Di Leopoldo Caporali & C. shall proceed to implement it, subject to the above and subject to acceptance by the Consumer of the alternative remedy proposed by Fornitalia Sas Di Leopoldo Caporali & C;
- b) if the Consumer has not already requested a specific remedy, the Consumer may reject it, choosing another remedy, as provided above.
10.6 The Consumer shall not be entitled to terminate the contract if the lack of conformity is only minor.
10.7 The Consumer shall forfeit the rights provided for in this clause if he does not notify Fornitalia Sas Di Leopoldo Caporali & C. of the lack of conformity of the Products within two months from the date he discovered the defect.
10.8 For the Professional Customer, the warranty terms provided for in Articles 1490 et seq. of the Italian Civil Code shall apply, without prejudice to the more favourable conventional warranty terms provided for in this contract.
11. APPLICABLE LAW AND JURISDICTION.
11.1 The contract shall be construed in accordance with the laws of the Italian Republic. For all matters not expressly provided for therein, the provisions of the 1980 Vienna Convention on the International Sale of Goods shall apply.
11.2 For civil disputes arising from the distance contract, the court of the place of residence or domicile of the Consumer shall have territorial jurisdiction.
11.3 In all other cases, disputes between Fornitalia Sas Di Leopoldo Caporali & C. and the Customer connected or in any way related to these General Conditions of Sale are reserved to the Italian jurisdiction and to the exclusive territorial competence of the Court of Busto Arsizio, within the limits provided for by the mandatory provisions of the Law.
11.4 Should certain provisions of the General Conditions of Sale be deemed invalid or inapplicable, they shall nevertheless be interpreted in such a manner as to reflect the common intentions of Fornitalia Sas Di Leopoldo Caporali & C. and the Customers, in accordance with the remaining provisions.