General terms and conditions of sale and the use of online store services
of the company FFI-Global S.r.l., with registered office in 36064 Colceresa (VI), via dell’Artigianato no. 2, VAT no.01823420979, registration number in the Registration of Companies VI-347296, tel. 0424-1701000, e-mail address: firstname.lastname@example.org, certified email address: email@example.com, hereinafter referred to as the “vendor”, which manages the website www.almalibre.eu (hereinafter also the “Website”) intended for the conclusion of online sales agreements in Italian, to which these general terms and conditions of sale are applicable, through the reserved area of the website and subject to the registration of the user (hereinafter, the “buyer”, the “client” or the “user”) in relation only to the goods in the electronic catalogues of the website (hereinafter, the “products” or “goods”) and with people over the age of 18 classified as consumers (B2C) or professional clients (B2B). The content, domain name, trademarks and patents indicated or forming part of the website are owned exclusively by the Vendor.
1.2 These general terms and conditions can be updated, supplemented or amended at any time by the Vendor. The Vendor will publish the new version of the general terms and conditions on the Website, which will be applicable to all future orders. Any derogations from these general terms and conditions are subject to the approval of the Vendor in writing, under penalty of nullity of any alternative agreements.
1.3 The Buyer will forward all purchase orders to the Vendor, upon registration to the website and the entering of the username and password, granting access to a reserved area via a safe protocol (HTTPS), and therefore through the completion of the purchasing procedure indicated below.
1.4 The acceptance of the current version of the terms and conditions of sale and those regarding personal data processing is demonstrated by correctly filling out all the sections of the electronic form used to register for an account and subsequently during the individual purchasing procedures, selecting the corresponding non-preselected boxes, in confirmation of said terms and conditions, which contain the date of the latest revision together with the hyperlink to access the files containing the related information in PDF format with the invitation to the Buyer to save the latter. A full copy of the general terms and conditions of contract applicable at the time of the placement of the order will be sent in PDF format to the Buyer as an attachment to the confirmation email generated automatically by the system referred to in the last paragraph of subsequent art.2.2.
Art. 2 Creation of an account, conclusion of the agreement, shipping methods and costs, payment methods.
2.1 At the time of registration, the Buyer creates a special account in compliance with the provisions of subsequent art.6 and expressly and irrevocably declares whether he/she intends to make purchases through the aforesaid account for purposes related or unrelated to the business or professional activity possibly exercised and therefore if he/she will conclude sales agreements as a consumer or professional client through this account. The same account can be used exclusively to make purchases as a consumer or professional client.
2.2 The products, prices and terms and conditions of sale on the Website are expressed in euros and do not constitute offers to the public for the consumer. The order placed by the Buyer by sending the order on the Website, upon the selection of the “order with obligation to pay” option, constitutes an irrevocable offer to enter into a sales agreement for the products added to the virtual shopping cart with a validity period of fourteen days. When the system receives an order from a Buyer, it automatically sends an reply email summarising the order received, which is not to be understood as acceptance of the latter by the Vendor, and contains a summary of the information already made available prior to the sending of the order, stating the basic features of the product, as well as a detailed indication of the price, costs and estimated delivery times, applicable tax and the selected payment method together with the full version of these general terms and conditions of sale as provided for in previous art.1.4.
2.3 The agreement is concluded at the time of the Vendor’s acceptance in writing of the purchase order sent by the Buyer, therein including the email notification of the shipment of the products. The agreement is concluded at the place where the registered office of the Vendor is located. The Vendor, upon verification of the availability of the ordered products, will confirm and accept the received order in writing. The Buyer grants the Vendor the right to accept only part of the order placed, in particular if all the products ordered are not available. In this case the agreement will be valid for the products declared available.
2.4 The status of the order and all the information concerning the sales agreements entered into through the Website are stored on the database of the Website and made accessible to the Buyer in the special section in the reserved area that can be accessed through the Buyer’s account.
2.5 The sales prices indicated on the Website and stated on the order confirmation are inclusive of VAT and all other tax, provided that the Buyer is resident or domiciled in a member state of the European Union; otherwise the price will be increased in order to apply the customs tariffs for the country of destination, the amount of which will be indicated at the time of acceptance of the order by the Vendor. The shipping costs to the address indicated by the Buyer may vary depending on the product and the destination and are fully borne by the Buyer, without prejudice to the exceptions and derogations that are specifically published on the Website. The client will be informed of the shipping costs prior to sending the order.
2.6 The payment and shipping methods can be selected from the available options indicated together with the related cost prior to placing the order. The following payment methods in general are accepted: credit card and PayPal. By choosing to pay via PayPal or credit card, the price of the purchased Products and the additional costs will be debited at the time of placement of the order. This amount will be returned to the Buyer within 30 days, without prejudice to the time required for the credit procedure of the selected service and without the addition of interest, if the agreement is not concluded. In all other cases the payment must be made by the Buyer using traceable payment instruments within 30 days from the date of placement of the order and in any case prior to shipment, which will only occur after the total amount due has been credited. The available shipping methods in general are as follows: UPS courier, standard service. The Buyer is informed of any restrictions concerning delivery at the time of creation of the account and on the occasion of any possible amendments to the shipping address.
2.7 Any amendments to orders, therein including shipping methods, must be requested by the Buyer in writing and approved by the Vendor, under penalty of nullity, in writing. This shall be without prejudice to the correction of any clerical errors via a simple notification of the Vendor.
Art. 3 Terms of delivery and inspection of the external features of the Products at the time of delivery.
3.1 The ordered products will be handed over to the carrier for subsequent delivery to the address indicated by the Buyer within seven days approximately. The delivery times or other time limits indicated on the Website or in other notifications connected to the purchases that must be observed by the Vendor are approximate, unless specifically agreed otherwise in writing.
3.2 Upon receipt, the Buyer is obliged to inspect the conformity of the product delivered to the order placed and must sign the transport documents only if he/she is fully satisfied.
Art. 4. Limitations of the liability of the Vendor. Limitations of the warranty due to defects. Prohibition on the cross-border transfer of the Products with connected penalty clause.
4.1 To the fullest extent permitted by law, the Vendor declines all liability for any damages deriving from the use, inability to use or content of the Website, the processing of associated personal or commercial data, the delay, the non-delivery, the non-conclusion or non-performance of the sales agreement, and the defects, faults or deficiencies of the Products purchased through the Website.
4.2 The Vendor declines all liability in relation to the resale or transfer of the Products in any shape or form outside the Italian Republic. The Buyer is prohibited from making the Products purchased available on a different market from the Italian market. The breach of the prohibitions stated in this paragraph shall result in the obligation to pay EUR 2500.00 for each individual breach by the Buyer, without prejudice to compensation for any further damages.
Art. 5. Warranty for the conformity of the Product. Limitations of the warranty due to defects. After-sales assistance and management of complaints.
5.1 In the event of non-conformity, the rules of law stated in articles 128 to 135 of Italian Legislative Decree no.206 of 6.9.2005 will be applicable, if the Buyer is classified as a consumer.
5.2 If the Buyer enters into an agreement as a professional client, the warranty for defects is regulated by the Italian Civil Code, without prejudice to the limitations of liability referred to in previous art.4.1 and the provisions of this paragraph. Immediately after delivery and in any case within 24 hours, the Buyer, who is not classified as a consumer, is obliged to check if the delivery is complete, if it has any obvious defects or has been damaged during transportation, as well as its conformity, in terms of quality and quantity, to the contractual provisions (hereinafter, also the “defects”). The Buyer must report any fault or defect in quality, under penalty of forfeiture, within and no later than eight days from the delivery of the product with a note sent via registered letter with return receipt addressed to the registered office of the Vendor or via certified email, containing a detailed description of the fault or defect and the reasons for the failure to report the latter at the time of delivery. The Vendor must be notified of any defects that are not recognised during the post-delivery inspection using the due diligence exercised in the sector of reference, under penalty of forfeiture, without delay and in any case within and no later than 24 consecutive hours in writing and providing a detailed description of the defects found and the time of their discovery. In the case where the Vendor has acknowledged a defect in the product due to a reason ascribable to the Vendor in writing and that the aforesaid defect has been duly reported in writing by the client, the Vendor is obliged, at its discretion, to repair or replace the product or to grant a reduction in price or to opt to terminate the agreement within a reasonable period of time corresponding at least to the time of the original delivery period. The client can request a reduction in price or the termination of the agreement exclusively in the case where the Vendor fails to fulfil the obligations referred to in the previous paragraph. The right to compensation for damages for any reason must be claimed against the Vendor by the Buyer, who is not classified as a consumer, under penalty of forfeiture, within 1 month from the occurrence of the harmful event and the emergence of the consequent damages.
5.3 Complaints, requests for assistance and requests from Buyers must be sent to the following email address: firstname.lastname@example.org; certified email address: email@example.com. An operator of the Vendor will examine the Buyer’s request and once the request has been supplemented with any statements and documents considered necessary for the proper investigation of the case, the decision of the Vendor with regard to the Buyer’s request will be communicated in writing within the subsequent seven days, where possible.
Art. 6. Obligations undertaken by the Buyer in regard to the use of the website and the online shore.
6.1 The Buyer that registers for an account accepts that he/she is the only party responsible for the account and for all the activities that take place through the latter, including all the activities of any other person that accesses the account with or without the consent of the user.
6.2 The Buyer undertakes to provide truthful, thorough and complete information as requested, and in particular to enter thorough and truthful data on the electronic registration forms and on those used to complete the purchasing procedure, as well as to guarantee the confidentiality and the security of his/her account, including the username and password. The Buyer is solely responsible for the ownership of the email address used for all notifications related to the business transactions carried out through or in any case in connection with the services offered on the Website.
6.3 It is expressly prohibited to register two accounts in the name of the same person, unless this is required in order to place separate orders as a consumer or a professional client.
6.4 The breach of the obligations laid down in this article grants the Vendor the right to suspend all the accounts referable to the Buyer and to terminate all ongoing agreements under art.1456 of the Italian Civil Code.
Art. 7. Right of withdrawal of the consumer. Grounds of exclusion from the right to withdrawal.
7.1 The Buyer, if classified as a consumer, is entitled to withdraw from the agreement, without having to justify the withdrawal, within 14 days. This article is not applicable to the agreements entered into with buyers classified as professional clients.
7.2 The withdrawal period expires 14 days from the date on which the consumer or a third party, other than the carrier and indicated by the consumer, acquires physical possession of the order goods.
7.3 To exercise the right of withdrawal, the consumer is obliged to inform the Vendor (FFI-Global S.r.l. with registered office in 36064 Colceresa (VI), via dell’Artigianato no. 2, VAT no.01823420979, registration number in the Registration of Companies VI-347296, tel. 0424-1701000, email address: firstname.lastname@example.org, certified email address: email@example.com) of his/her decision to withdraw from the sales agreement by a clear statement (for example, a letter sent by post, fax or email). For this purpose, the consumer can, but is not obliged to, use the withdrawal form found on the Website, which complies with Annex I, part B, of the Italian Consumer Code (Italian Legislative Decree no.206 of 6.9.2005).
7.4 To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication concerning the exercise of the right of the right of withdrawal before the withdrawal period has expired.
7.5 If the consumer withdraws from this agreement, all the payments made to the Vendor will be reimbursed, including delivery costs (with the exception of the supplementary costs if the consumer has opted for a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event within 14 days from the date on which the Vendor is informed of the decision of the consumer to withdraw from this agreement. The aforesaid amounts will be reimbursed using the same method of payment used by the consumer for the initial transaction; the consumer will not incur any fees as a result of such reimbursement. The refund can be withheld until the goods have been received or until the consumer has supplied evidence that the goods have been sent back, if this is earlier.
7.6 If the consumer has received the goods subject of the agreement, he/she is obliged to send the goods back or to hand them over to the Vendor without undue delay and in any event no later than 14 days from the date on which the consumer has communicated the decision to withdraw from the sales agreement. The time limit is respected if the consumer sends the goods back prior to the expiry of the 14-day period. The consumer will only bear the direct cost of returning the goods.
7.7 The consumer will only be liable for any diminished value of the goods resulting from the handling of the goods other than what is required to establish the nature, characteristics and functioning of the goods.
7.8 The right of withdrawal of the consumer is not acknowledged for the supply of sealed goods which are not suitable for return due to health protection of hygiene reasons and were unsealed after delivery. The products marked as such fall into this category and in particular the generic face mask called “Alma Mask”, as it is intended to be worn on the face with direct contact with the skin and particles coming from the oral cavity and nose of the user.
Art. 8. Express termination clause.
8.1 The parties agree that the Vendor is entitled to withdraw from the sales agreement under article 1456 of the Italian Civil Code upon the occurrence of one of the breaches listed below:
a) breach of the obligation to pay the total amount due, composed of the sales price of the Products, any customs duties and shipping fees, within and no later than the deadlines referred to in previous article 2.5;
b) breach of the obligations referred to in art.4.3 (prohibition on the cross-border transfer of the Products);
c) breach of the obligations referred to in art.6 (obligations undertaken by the Buyer with regard to the use of the website and online shop).
8.2 If the Vendor intends to make use of the express termination clause referred to above, it will inform the Buyer thereof via registered letter with return receipt or via ordinary email.
Art. 9. Communication between the parties.
Without prejudice to the other cases specifically indicated in the general terms and conditions or established by law, all communications between the Vendor and the Buyer will take place exclusively via email to the address indicated respectively by the Vendor in these general terms and conditions and by the Buyer to the address provided at the time of registration of the account or upon the subsequent update of the latter.
10.3 Subsequently, the acceptance of the current version of the terms and conditions regarding the processing of personal data is demonstrated by using the methods referred to in previous art.1.4.
Art. 11. Jurisdiction and applicable law. Alternative methods for resolving disputes.
11.1 In the case where the Buyer is not classified as a consumer, all disputes that may arise in relation to the validity, effectiveness, interpretation, performance and breach of sales agreements entered into online via the Website are referred to the exclusive jurisdiction of the Court of Vicenza.
11.2 For the disputes referred to in the previous point, the Vendor and the Buyer classified as a consumer can initiate out-of-court settlement procedures to settle the disputes, also electronically, in compliance with the requirements of articles 141 et seq. of the Italian Consumer Code.
11.3 This agreement is regulated by Italian law, with the exclusion of the application of the United Nation Convention on Contracts for the International Sale of Goods.
Art. 12. Safeguard clause.
In the event of the total or partial, original or supervening invalidity or ineffectiveness of any one of the clauses of these general terms and conditions of sale and the use of the website, it is clearly understood that the clause in question is to be regulated by another clause with content as similar as possible to the original meaning of the parties and that the validity and effectiveness of all the other provisions shall not be affected.
Colceresa, lì 29 maggio 2020