GENERAL CONDITIONS OF SALE
The offer and sale of products made on the website fabbrica studio roma are governed by these General Conditions of Sale. For any other legal information, see the sections: Privacy Policy, Right of Withdrawal. The Customer is obliged, before submitting his purchase order, to carefully read these general conditions
sales. The submission of the purchase order implies the full knowledge and express acceptance of both the aforementioned general conditions of sale and of what is indicated in the Form
of Order. Once the online purchase procedure has been completed, the Customer is obliged to print and keep these general conditions of sale and the relevant order form, already viewed and accepted.
1. SUBJECT
1.1 These General Terms and Conditions of Sale have as their object the sale of products made online through electronic commerce service on the website fabbrica studio roma.
1.2 fabbrica studio roma will ship to Italy (including the Republic of San Marino and the Vatican) and abroad. The sale price - also for sales abroad - will always be indicated in EURO. The shipping price may vary in case of shipments to foreign countries also for shipments to EUROZONE.
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3. SALE BY E-COMMERCE SERVICE
3.1 An online sales contract means a distance contract concerning the sale of movable property (hereinafter referred to as Products) concluded between the Customer and studio fabbrica roma , as Seller, within the framework of an electronic commerce service organised by the Seller which, for this purpose, uses Internet distance communication technology.
3.2 In order to conclude the contract for the purchase of one or more Products, the Customer must complete the order form in electronic format (from now on Order) and send it to the Seller through the Internet following the relevant instructions.
3.3 The Order contains: - a reference to these General Conditions of Sale, containing the methods and times of return of the Products purchased and the conditions for the exercise of the right of withdrawal by the Customer; - information and/or images of each Product and its price; - the means of payment that the Customer may use; - the methods of delivery of the Products purchased and the related shipping and delivery costs;
3.4 Although fabbrica studio roma constantly takes measures to ensure that the photographs shown on the site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible because of the technical characteristics and the characteristics of resolution of the colors of which the computer is equipped by the Customer. Consequently, the Seller will not be liable for any inadequacy of the graphic representations of products shown on the site if due to the aforementioned technical reasons, since such representations have merely illustrative function.
3.5 Before concluding the contract, the Customer 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.
3.6 The contract is concluded when the Seller receives the Order Form via the Internet from the Customer, after verifying the correctness of the order data.
3.7 The language available to conclude the contract with the Seller is the one chosen by the Customer, in any case the applicable law is the Italian one.
3.8 Once the contract has been concluded, the Seller will take charge of the Customer’s Order for its fulfilment.
2. SUBJECTS
2.1 The products are sold directly from factory studio rome, with registered office in Via del Boschetto, 14 00184 Rome Italy, registration number in the Register of Companies, VAT 11168701008.
For any request for information, you can contact the Seller by email at the following address: fabrica.roma@gmail.com
2.3 The products are sold to the Customer identified by the data entered when filling in and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.5 The Customer is prohibited from entering false and/or invented and/or fictional names in the online order procedure and in further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
2.6 By accepting these Conditions of Sale, the Customer also exempts the Seller from any liability arising from the issue of incorrect tax documents due to errors relating to the data provided by the Customer at the time of placing the online order, The Customer is solely responsible for their correct placement.
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4. PROCESSING OF ORDERS
4.1 By transmitting the Order through the Internet, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale. All orders are processed within 2 working days of receipt of payment.
4.2 Once the contract has been concluded, the Seller shall send the Customer an Order Confirmation by e-mail containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5. 4.3 The Seller may, before sending the Order Confirmation, request by e-mail or by telephone from the Customer indicated, further information regarding the Order to be sent via the Internet.
4.4 The Seller may not execute any purchase orders of the Customer that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products. In these cases, the Seller will inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up the Customer’s Order specifying the reasons. In this case, the sum previously committed on the Customer’s means of payment will be decommitted.
4.5 If the products, presented on the site, are no longer available or for sale after the Order has been sent, the Seller shall notify the Customer, promptly and in any case within thirty (2) working days from the day following that on which you have sent your order to the Seller, the possible unavailability of the Products ordered. In this case, the amount previously charged to the Customer’s means of payment will be refunded.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, without limit of quantity for each item.
4.7 The Seller reserves the right to refuse orders from a Customer with whom a legal dispute concerning a previous order is pending. This also applies to all cases in which the Seller considers the Customer unsuitable, including, without limitation, the case of previous breaches of contract conditions for online purchase on the Site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
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5. SELLING PRICES
5.1 Unless otherwise indicated in writing, all prices of the Products and the shipping and delivery costs indicated on the site and in the Order are to be considered VAT included and expressed in Euro. The validity of the prices indicated is always and only that indicated by the Site at the time of transmission of the Order through the Internet. The prices of the Products and the shipping and delivery costs may vary without prior notice. The Customer must then ascertain the final sale price before submitting the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the site and in the Order, unless otherwise specified, are not inclusive of any costs related to customs duties and related taxes if the shipment takes place in extra-CountriesEU or in countries where the current legislation provides for import charges.
5.3 These costs shall therefore be borne by the Customer and shall be paid directly upon delivery of the Products, as specified in the Order Confirmation.
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6. METHODS OF PAYMENT
For the payment of the price of the Products and the related shipping and delivery costs you can follow one of the methods indicated in the order form of the site that are summarized below.
6.1 Payment by credit cards and prepaid cards.
6.1.1 For online orders on the website, the Seller accepts both payments by credit card and prepaid cards without any additional charge on the cost of the Prpdotto. It is understood that the Customer must be the holder of a valid credit card when ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing data. In the absence of these conditions it will not be possible to proceed with the order.
6.1.2 At the time of online purchase, together with the Order Confirmation, the amount relating to the Order will be charged to the Customer’s credit card. The amount will therefore be charged to the Customer’s credit card when sending the Order to the Seller.
6.1.3 If, once received the package containing the Products ordered, for any reason the Customer intends to exercise the right of withdrawal , no later than 48h from the arrival of the package by requesting by email the form to be filled in, Upon payment of the Products purchased online, the Seller will credit the amount to be reimbursed directly to the credit card previously used for payment.
6.2 At no time during the purchase process is the Seller able to know the credit card information (for example, the credit card number or the date of its expiry)transmitted via an encrypted protocol-protected connection directly to the website of the entity that manages the electronic payment. No data stored by the Seller will be retained.
6.3 In no event may the Seller be held liable for any fraudulent and improper use of credit and prepaid cards by third parties.
7. SHIPMENTS AND DELIVERY OF PRODUCTS
7.1 Each shipment contains: - i/il Products/o ordered/o; - the relative transport document/accompanying invoice;
- any accompanying documentation required by country of dispatch - any information and marketing material.
7.2 The delivery of the Products purchased through the Seller’s Site may take place by courier to the customer’s domicile. All shipments are made by GLS express courier according to the locations.
7.3 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order.
For additional information on costs, times and shipping methods and Countries served, the Seller refers to the Shipments section.
7.3.1 Upon receipt of the goods at home, the Customer is required to verify the integrity of the packages at the time of delivery by the courier. In case of anomalies, the Customer must make the exact same observations and notes by the courier and reject the delivery. Otherwise, the possibility of enforcing one’s rights in this regard will lapse.
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8. RIGHT OF WITHDRAWAL
8.1 Only if the Customer entering into the contract is a Consumer (meaning with this definition any natural person acting on the site for purposes outside the entrepreneurial or professional activity)will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within the fourteen (14) calendar days, starting from the day of receipt of the products purchased on the site.
8.2 To exercise the right of withdrawal, the Customer must send within the period of 14 calendar days starting from the day of receipt of the Products an e-mail to the address fabrica.roma@gmail.com specifying the Order number and i/the code/items/s for which you intend to exercise the right of withdrawal. Alternatively, fill in the Returns and refunds form at the bottom of the store home page.
8.3 After receiving the e-mail referred to in the previous article, the Customer will receive all the instructions for the return of the/the Product/s.
8.4 The right of withdrawal is subject to the following conditions: - Products returned must be returned in their entirety and not on parts or components of them even in the case of kits;
- returned Products must not have been used, worn, washed or damaged; - returned Products must be returned in their original undamaged packaging;
- the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
- the returned Products must be delivered to the courier within fourteen (14) days from the date you received the products;
8.6 In case of return, the shipping costs shall be borne by the Customer.
8.7 The Seller undertakes to bear the initial shipping costs of the Products only in case of damage to them due to transport or errors in the shipment by the Seller. Only in these cases, the Seller will also refund the amount paid by the Customer as shipping costs. The Seller will send an express courier for the collection of the Product at the address indicated by the Customer.
8.8 For the return the Customer must use exclusively the Courier indicated by the Seller in the return instructions: In this way, the Customer will not have to pay in person the costs for returning the products purchased because such payment will be made, on his behalf, directly by the Seller. Subsequently, the Seller, with the exception of the provisions of point 8.7 above and for cases of return of the product by default, will withhold from the refund to the Customer the sum described in paragraph 8.6 of this page. Moreover, from the moment of return of the products purchased to the shipper indicated by the Seller in the online return form, the Seller exempts the Customer from any liability in case of loss or damage of the products during transport.
8.9 In the case of the exercise of the right of withdrawal without respect for the methods indicated above (e.g. over 14 days provided by law, or without having followed the instructions for return)The Seller will send the Products purchased back to the Customer and will also charge the Customer the additional shipping costs.
8.10 The right of withdrawal cannot be applied in the case of personalized products at the explicit request of the Customer at the time of the insertion of the Order.
8.11 Upon receipt of the goods in stock and checked the status of the same, the seller will issue an automatic procedure for the refund of the transaction. The amount due will be credited back to the same account as the initial payment. Indicative re-crediting time 2-3 working days. The seller is not responsible for the time taken to re-credit the amount depending on the credit institution to which the account is linked.
8.12 Returns for products purchased outside Italy
The customer must ship the product at his own expense. The seller reimburses the sum of the purchased product excluding all shipping costs.
9. WARRANTY ON NON-CONFORMING PRODUCTS
9.1 The Seller is responsible for any defect of the products offered on the site, including the non-conformity of the articles with the products ordered, in accordance with the provisions of Italian law.
9.2 If the Customer has entered into the contract as a Consumer (meaning with this definition any natural person acting on the site for purposes unrelated to the entrepreneurial or professional activity possibly carried out)this guarantee is valid provided that both of the following conditions are met:
a) the defect occurs within 24 months of the date of delivery of the products;
b) the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
c) the return procedure is correctly followed.
9.3 In particular, in the event of non-compliance, the Customer who has concluded the contract as a Consumer shall be entitled, at the Seller’s choice, to obtain the restoration of conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract
to the disputed goods and the consequent refund of the price.
9.4 All return costs for defective products shall be borne by the Seller.
10. CONTACTS
For any information or returns, please contact us at the following address: fabrica.roma@gmail.com
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the transactions performed, relating to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Site.
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12. PRIVACY
The information relating to the processing of data can be found in the Privacy Policy section.
13. Applicable law, dispute resolution and jurisdiction
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, subject to any other mandatory norm prevailing in the Customer’s country of habitual residence. Accordingly, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating and/or consequent thereto shall be resolved exclusively by the Italian court. In particular, if the Customer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, the consumer’s choice in the event of action taken by the consumer himself, by the Court of Rome. If the Customer acts instead in the exercise of its business, commercial, craft or professional, the parties by consensus establish the exclusive competence of the Court of Rome.
14. AMENDMENT AND UPDATING
The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept exclusively the General Conditions of Sale in force at the time of purchase. The new General Conditions of Sale will be effective from the date of publication on the Site and in relation to purchase orders submitted after that date.