TERMS AND CONDITIONS
- SCOPE OF
1.1. These general conditions of online sale (" General Conditions ") apply to all sales contracts concluded with Federica Fenili, owner of the FédebyFéde site with registered office in Via di Matraia 2050 S.Pancrazio, 55100 Lucca (LU), Italy, P .Vat 02172330462, REA 213755, Registration no. FNLFRC85P54E715 and the user, understood pursuant to article 3 of Legislative Decree n. 206/2005 (" Consumer Code ") as a consumer ie, a natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out (" User ") on the basis of orders submitted electronically through the site https:/ /www.fedebyfede.com (" Website ").
1.2. By declaring to accept these General Conditions when purchasing a product on the Website, the User undertakes to respect these General Conditions. The User will not be able to purchase products through the Website in the event of non-acceptance of these General Conditions.
1.3. The General Conditions apply regardless of the User's nationality, provided that the delivery of the products takes place in one of the countries in which the online sales service operates, as shown in the table available on the Website.
- CHANGES TO THE GENERAL CONDITIONS
2.1. The Company reserves the right to make changes to these General Conditions from time to time, where such changes should be necessary to guarantee compliance with supervening legal provisions, for technical reasons, to adapt them to the sales models adopted by the Company or better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, the version of the General Conditions in force at the time the relative order is placed is applied to each purchase.
- CREATING AN ACCOUNT
3.1. To proceed with the purchase of the products on the Website, the User must
(i) access the Website with your authentication credentials already obtained following the creation of an account in your name on the Website, or
(ii) create a new account on the Website, or
(iii) proceed with the purchase as a "guest" user, without the need for any registration.
3.2. To create a new account on the Website, the User must
(i) correctly fill in the fields of the registration form, entering all the data requested therein (by way of example and not limited to: name, surname, e-mail address, username and password),
(iii) confirm registration.
3.3. When creating an account on the Website, the User must choose a username and password, the length of which cannot be less than 8 characters, respecting the criteria for creating the password indicated from time to time on the Website. The User acknowledges and accepts that the credentials for accessing the Website are personal and must not be disclosed or transferred to third parties. The User undertakes to keep his password secret and to immediately notify the Company in the event of unauthorized use of the account or loss or theft of access credentials by sending a written communication to the Company to the addresses indicated in article 16, containing a detailed explanation of what happened and a copy of his identity document. Upon receipt of the communication from the User, the Company will proceed to block the User's access credentials and provide the User with new access credentials. The Company assumes no responsibility for any loss or damage arising from the fact that the User has not kept his password securely or has not communicated to the Company the unauthorized use, loss or theft of the password. The User assumes all responsibility towards the Company for any loss and/or damage deriving from any unauthorized use of his/her account.
3.4. Registration on the Website is free, it being understood that
(i) the cost of the Internet connection used to access the Website is charged to the User, according to the rates, terms and conditions applied by their operator and
(ii) the purchase of a product on the Website implies the User's obligation to pay the Company the fees due for that product.
3.5. Following registration on the Website, the User will receive an e-mail message to the address indicated during the registration phase.
3.6. The User can cancel his account at any time by sending an email to the Company at the address indicated in article 16 below. Upon receipt of this communication, any contractual relationship between the User and the Company - without prejudice to purchase orders already sent before the cancellation request - will be considered terminated and the User's username and password will be deleted.
- LOG IN AS A GUEST
4.1. The User can also purchase through the Website as a guest, without creating an account on the Website. In this case, the User must
(i) correctly fill in the fields of the specific login form on the Website, entering all the data requested therein (by way of example and not limited to: name, surname, billing and delivery address, e-mail address), and
(ii) accept these General Conditions.
4.2. After completing the login form, the user can select a payment method among those indicated in article 8.1 below and electronically submit his purchase order to the Company.
- CONCLUSION OF THE PURCHASE AGREEMENT
5.1. The User must select the products and add them to the cart, without prejudice to the possibility of modifying or canceling the contents of the cart at any time before proceeding with forwarding the purchase order.
5.2. The forwarding of a purchase order through the Website constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be entirely governed by these General Conditions (" Contract ").
5.3. Before confirming the purchase order, the User is required to check the summary of the purchase order to check that all the data provided is correct. Any data entry errors can be corrected using the appropriate data modification functions on the Website. In the event of errors which the User only becomes aware of after confirming the purchase order, the User can correct the by contacting the Customer Service of the Company in the manner indicated in the following article 16.
5.4. Once the purchase order has been sent, the Company sends the User an email confirming receipt of the order, containing the order number and details of the order placed (" Receipt Confirmation "). The Confirmation of Receipt does not constitute acceptance of the purchase order, unless such acceptance is expressly provided for within the Confirmation of Receipt itself; in this case, the Contract will be considered concluded following acceptance. In all other cases, the Contract will be considered concluded upon shipment of the ordered products as provided for in the following article 9.
5.5. In the absence of an express declaration of acceptance of the order in the Confirmation of Receipt and in the event of failure to ship the ordered products within the agreed terms, the Consumer's offer to enter into a Contract will be considered rejected
5.6. The User is required to keep the order number present in the Confirmation of Receipt for the purpose of any communication with the Company.
5.7. The Contract can be concluded in the following languages: Italian and English.
- SELECTION OF PRODUCTS
6.1. The User can only purchase the products present in the catalog published on the Website and available at the time of the purchase order by the User. The product catalog can be periodically updated by the Company, which, therefore, does not give any guarantee regarding the permanence of a product among those available nor regarding the availability of all sizes/versions of each product/color present in the catalogue.
6.2. Each product is accompanied by a description of its main characteristics. The images and colors of the products in the descriptions may not correspond faithfully to the real ones, due to the settings of the computer systems or devices used by the User to view the Website. Therefore, the images published must be considered indicative within the limits of normal tolerance.
6.3. The products on the Website are available until sold out. If, although selectable, the chosen product is not available, the Company will promptly notify the User via email to the address provided by the User. In the event of permanent unavailability of the product, the Company may propose to the User the termination of the Contract and a refund of the price already paid, including any shipping costs, if applied.
- PRODUCT PRICES
7.1. The sales prices are expressed in Euros, and are inclusive of VAT, if applicable due to the country of shipment of the products.
7.2. The sales prices applicable to the User are those published online at the time the purchase order is forwarded. These prices may be subject to change without notice. It is the User's responsibility to check the final price before submitting the purchase order.
7.3. The Company reserves the right to apply different sales prices depending on the country of shipment of the products.
7.4. All the prices of the products on the Website are net of shipping costs and any customs duties, which remain entirely the responsibility of the User.
- PAYMENTS; BILLING; REFUNDS
8.1. The payment methods available to the User are listed below:
8.1.1. Credit card (Visa, Mastercard, American Express; Maestro);
8.2. The price must be paid at the time of placing the order, in case of payment by credit card or PayPal.
8.3. The Company reserves the right of ownership of the products delivered to the User until full payment of the same.
8.4. For each purchase made through the Website, the Company sends the User the relevant payment receipt. This receipt is attached to the Confirmation of Receipt, if the latter constitutes acceptance of the order, or to the Confirmation of Shipping (as defined below) pursuant to article 5.4.
8.5. The Company reserves the right not to accept the purchase order in the event of failure to authorize payment by the relevant manager using one of the payment methods referred to in article 8.1.
8.6. Any refunds of the amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase. Refunds will be processed within the times and in the manner provided by the manager of this payment instrument.
- SHIPPING AND DELIVERY OF PRODUCTS
9.1. The products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or when purchasing the product. The delivery of the products is made through partnered couriers.
9.2. Upon delivery of the products to the courier, the User receives a confirmation communication via email from the Company, in which the name of the courier used, the estimated delivery times and the tracking code are expressly indicated, which will allow the User to constantly monitor the shipment (" Shipping Confirmation "). The shipping date of the products coincides with the date on which the products are entrusted to the courier in charge of the relative delivery.
9.3. The products can only be delivered to addresses in Italy. The delivery times and costs of the products vary according to the destination and the shipping methods chosen. In any case, delivery times are indicative and not strictly binding for the Company.
9.4. The Company may deliver the products ordered with the same order in partial deliveries, provided that the products can be used separately. In this case, the Company bears the additional shipping costs related to such deliveries. In any case, partial delivery is considered valid and does not entitle the User to refuse delivery or obtain compensation or indemnity.
9.5. Upon delivery of the product, the User is required to check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification has not had a positive result, the User must immediately make the appropriate disputes to the courier, refusing the product or accepting it with written reserve on the transport document. Furthermore, the User must inform the Company of the incident by contacting Customer Service, no later than 8 (eight) days from the date of delivery of the product.
- LATE DELIVERY
10.1. Where a Contract has been concluded and a supplier of the Company does not deliver the products ordered by the User to the Company itself within the agreed terms, the terms of delivery of the products to the User will be considered extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.
10.2. In accordance with article 61 of the Consumer Code, if the Company fails to deliver the products within the agreed term or within the term referred to in article 10.1, the User may ask it to make the delivery within an additional term appropriate to the circumstances. If the additional term expires without the products being delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.
- WITHDRAWAL OF PRODUCTS
11.1. In the event of non-delivery of the products due to the absence of the User during the attempts foreseen by the procedure applied by the courier, the courier will keep the products in its warehouse until the User collects them and in any case within the indicated term in the notice of attempted delivery left to the User. If the products are not collected within this period, the products will be returned to the Company. In this case, the Contract will be deemed automatically terminated in accordance with article 1456 of the Civil Code, by sending the User written communication via email, and the relative purchase order will be cancelled. Within the following 15 (fifteen) days, the Company will refund the price paid by the User for the products, less the cost of unsuccessful shipping, the cost of returning the products to the Company and any other expense Company has incurred due to non-delivery of the products due to the absence or inaction of the User in fulfilling the obligation to receive delivery.
11.2. Following the communication referred to in article 11.1, the User who intends to request delivery of the previously ordered products must necessarily proceed with a new purchase order, without prejudice to the Company's right to refuse this order.
- REPRESENTATIONS AND WARRANTIES BY USER
12.1. The User declares and guarantees:
12.1.1. to be able to legitimately stipulate these General Conditions;
12.1.2. to be of age;
12.1.3. that the personal data and other information communicated to the Company during registration on the Website or when purchasing a product are true, correct and updated. The Company reserves the right to verify the information provided at any time and by any means at its disposal, also by requesting the User to provide suitable supporting documentation and, in the event of a violation of this article 12.1.3, to terminate or suspend the User account;
12.1.4. who will use the Website in compliance with any applicable law or regulation, refraining from any form of direct and/or indirect use of the Website that is in conflict with the law, these General Conditions or harmful to the rights of third parties.
12.2. The User undertakes to indemnify and hold the Company harmless against any liability, action, cost, expense and claim that may derive from the violation by the User of the declarations and guarantees referred to in article 12.1, without prejudice in any case the possibility for the Company to terminate the Contract with immediate effect pursuant to article 1456 of the Civil Code.
- LEGAL WARRANTY OF CONFORMITY
13.1. The products sold to the User through the Website enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code (" Legal Guarantee ").
13.2. The Company is required to deliver products that comply with the Agreement to the User.
13.3. The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity is manifested within the term of 2 (two) years from the delivery of the product. The User forfeits his rights relating to the Legal Guarantee in the event that he does not report the lack of conformity to the Company within the term of 2 (two) months from the date on which he discovered the defect, by contacting Customer Service in the manner indicated in article 16; this report must contain an accurate and complete description of the alleged defects or faults. In this case, the Customer Service is required to acknowledge the User's communication, giving him instructions for the shipment of the defective product, which will take place at the Company's expense. The Company has the right to ask the User to attach the payment receipt or any other document to the product for which it intends to enforce the Legal Guarantee.
13.4. The User can ask the Company, at its discretion, to repair the product or replace it, at no cost to him, unless the chosen remedy is objectively impossible or excessively onerous compared to the other.
13.5. The User may request, at his discretion, an appropriate price reduction or termination of the Contract where one of the following situations occurs:
(i) repair and replacement are impossible or excessively expensive;
(ii) the Company has not repaired or replaced the product within a reasonable period;
(iii) the replacement or repair previously carried out has caused significant inconvenience to the User.
13.6. If the product must necessarily be repaired at a manufacturer's technical assistance centre, the Company will arrange for the product to be sent to this assistance centre, it being understood that it will remain directly responsible towards the User for the purposes of the Legal Guarantee.
13.7. Where, after having collected the product, the Company verifies that the lack of conformity reported actually exists, any costs of transport, repair or replacement of the product will remain the responsibility of the Company. Otherwise, or where the Company verifies that the reported lack of conformity does not exist or that there are no conditions for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all the transport costs as well as the expenses connected to the verification of the the alleged lack of conformity will be charged to the User; in this case the Company will notify the User.
13.8. The User acknowledges and accepts that any defects or damage caused by accidental events or by the User's responsibility or by use of the products that do not comply with their intended use or by normal wear and tear are not covered by the Legal Guarantee.
- RIGHT OF WITHDRAWAL
14.1. The User has the right to withdraw from the contract, without giving reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day of conclusion of the Contract or from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the products. If the User has purchased multiple products with a single order, the withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the latest product.
14.2. To exercise the right of withdrawal, the User is required to clearly declare his intention to withdraw from this Agreement by informing the Company to the following email: email@example.com.
14.3. To meet the withdrawal deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired. Upon receipt of the withdrawal request, the Company will promptly notify the User via email of confirmation of receipt.
14.4. In the event of withdrawal, the User will be reimbursed for all payments he has made to the Company, including delivery costs, with the exception of additional costs deriving from the User's choice of a delivery method other than the cheapest method. cost of standard delivery offered by the Company, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company was informed of the User's decision to withdraw from the Contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a result of such reimbursement.
14.5. Unless the Company has itself offered to collect the products subject to the exercise of the right of withdrawal by the User, the User is required to return or deliver the products to the Company or to the agreed couriers without undue delay and in any case within 14 (fourteen) days from the day on which the User communicates his withdrawal from the Contract to the Company. The deadline is considered respected if the User returns the products before the expiry of the period of 14 (fourteen) days to the following address: Federica Fenili Via di Matraia 2050 S.Pancrazio, 55100 Lucca (LU) Italy. The costs of returning the products are borne by the User, unless the Company has at its discretion agreed in writing to bear these costs. The Company may suspend the reimbursement of the price of the products until they are received or until the User demonstrates that he has returned the products, whichever is the earlier.
14.6. The User is required to return the products in an intact state of conservation and with the original labels not removed. The packaging of the products must be accurate, in order to safeguard the original wrappings from damage, affixing of writings or labels.
- PROTECTION OF PERSONAL DATA
- CUSTOMER CARE
16.1. The Customer Service, which the User can contact for any information, to request assistance or to forward complaints, can be reached at the following addresses:
FédebyFéde – Customer Service
Via di Matraia 2050 S.Pancrazio, 55100 Lucca ( LU ) Italy
- ONLINE DISPUTE RESOLUTION
17.1. The User has the option of using the platform set up by the European Commission for the resolution of disputes relating to online sales contracts (" ODR Platform "). Through the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show .
- APPLICABLE LAW AND JURISDICTION
18.1. These General Conditions are entirely governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract will be the exclusive jurisdiction of the Court of the place of residence or domicile of the consumer, if located in the Italian territory. If the User is not resident or has no domicile in the Italian territory, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the Contract, in the event of an action brought by the Company, the latter may choose between the Court of [Milan] and the Court of the place of residence or domicile of the User, alternatively between them; in the event of an action brought by the User, the Court of Milan will have exclusive jurisdiction.