Termini e condizioni del servizio
15 Terms of service
The general terms and conditions of use shall be deemed accepted with express waiver of any exceptions pursuant to law or custom.
These general conditions are valid from 11/09/2013 and may be updated or modified at any time by giving notice through the pages of this site.
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WHEREAS
1. the object of these general conditions is the purchase of clothing and accessory products made using a distance selling system via computer network, through the Internet site https://flo-clo.it registered in the name of FC. ITALI A S.R.L with registered office in p.za T.S. Ferdinando n. 8 Cap 80129 Napoli
.2. since the computer network known as ........... Web geographic definition, this contract is understood to be stipulated for the HTTP address https://flo-clo.it.
3. by "on-line" sales contract is meant the distance contract, i.e. the legal transaction having as its object movable goods stipulated between a supplier, FC ITALIA S.R.L with registered office in Naples, and a customer or client, within the framework of a distance sales system organised by the supplier which, for such contract, employs exclusively the communication technology known as the Internet (electronic commerce).
4. also fall within the hypothesis subject to Legislative Decree No. 206 of 6 September 2005 (possibility for the purchaser to exercise the right of withdrawal) on purchases through the Internet. This right is regulated only in favour of the so-called End User (Articles 64 and 65 respectively, right and commencement of withdrawal).
5. "Business Day" or "Business Days" shall mean days when our offices are open for normal business (generally every day from 9 a.m. to 6 p.m. excluding Saturdays, Sundays, public holidays and certain exceptional circumstances of which we will inform you in good time on this website)
"Force Majeure Events" include situations resulting (directly or indirectly) from any strikes, lockouts, fires, floods, proven inability to procure products, materials or services, breakdowns, delays by suppliers or couriers, governmental laws or regulations or any other cause or event beyond our control. The foregoing is provided by way of example only.
FOR ALL THE FOREGOING
By sending electronic or fax confirmation of their purchase order, the purchaser unconditionally accepts the general terms and conditions of sale illustrated below, which are to be considered an integral and essential part of the sales contract.
1) OFFERS and ORDERS: Each order shall be deemed to be an irrevocable proposal by the Purchaser, while it shall be deemed to be accepted by the company represented by Fiore Lorenzo as legal representative, only with the issuance of the invoice, the same having the right to refuse the commission, moreover, as provided for by Article 57 of Legislative Decree No. 206 of 2005, the final consumer, in the absence of his prior order in the event that the supply involves a request for payment, shall not be required to make any payment in the event of an unsolicited supply. In any event, non-response does not mean consent.
2) PRICES: shall be understood to include VAT.
3) DELIVERY and TRANSPORT: the products are transported by designated express courier. The product shall be shipped upon completion of production of the item itself, for which approximately 15 (fifteen) working days shall be required.
The terms for delivery will result from what is indicated by the Company FC ITALIA s.r.l at the time of order confirmation by the customer. The same shall in any case have merely an indicative value.
The FC ITALIA s.r.l Company shall not be held responsible for any damages, of whatever nature, attributable to late delivery.
Upon delivery of the Product, it is the purchaser's obligation to check and inspect the same.
4) LIMITATION OF LIABILITY: Under no circumstances shall FC ITALIA S.R.L be held liable for any consequences due to special, consequential, indirect or similar damages, including loss of profits. In no case shall the responsibility of FC ITALIA s.r.l exceed the price paid by the customer for the product.
5) PAYMENTS: Payments can be made in the following ways;
Credit card by filling in the appropriate space when confirming the order and then payment method
Commercial invoices not contested within eight days of their receipt shall be deemed definitively accepted.
Furthermore, as provided for in Art. 54 ex Legislative Decree no. 206 of 2005, in the event of non-execution of the order by the company supplying the service "on line", due to the unavailability, even temporary, of the good or service requested, the company shall inform the consumer and refund any sums already paid for the payment of the supply. The owner of the company supplying the service cannot fulfil by making a different supply from the one agreed upon, unless the consumer agrees to a different purchase even if of equivalent or higher value and quality.
6) COMPLAINTS: Any complaints regarding the products supplied must be received within 15 days of delivery of the goods. Any products that are originally defective shall be replaced with products of the same type and under the same conditions.
7) OBLIGATIONS OF THE CUSTOMER: The purchaser undertakes to comply with the prices communicated at the time of the order in the sale.
8) PRODUCTS: The client declares that the products ordered correspond in every detail to those he/she intended to purchase.
9) PRINCIPLE OF CONSERVATION: Should one or more clauses of this contract be or become null and void, the other clauses shall remain fully valid. Any void clause shall be replaced by a valid clause that comes closest to the economic purpose of the void clause.
10) TERMINATION FOR EXCESSIVE ONEROSITY: Should the service offered become excessively onerous due to the occurrence of extraordinary and unforeseeable events, FC ITALIA s.r.l reserves the right to request the termination of the contract pursuant to art. 1467 of the Italian Civil Code.
11) COURT OF JURISDICTION: For any disputes in relation to the execution or interpretation or for any other dispute arising between the parties in relation to the present terms and conditions of sale, the Court of Naples shall have exclusive jurisdiction.
Should FC ITALIA s.r.l. be the plaintiff, the latter reserves the right to take legal action either at the Court of Naples or at the Court of the purchaser's jurisdiction. In any case all legal relations and acts between the purchaser and FC ITALIA s.r.l shall be governed exclusively by Italian law.
12) EXCLUSION OF LIABILITY FOR FRAUDULENT USE OF ELECTRONICALLY TRANSMITTED DATA: FC ITALIA s.r.l is not responsible for any fraudulent and illegal use by third parties of credit cards, cheques and other means of payment.
13) DISCLAIMER OF LIABILITY for INCORRECT AND/OR INCOMPLETE DATA TRANSMITTED ELECTRONICALLY: the Customer relieves FC ITALIA s.r.l from any responsibility deriving from the issue of incorrect tax documents due to errors relating to the data supplied by the customer, the customer himself being solely responsible for the correct entry thereof.
14) PRIVACY:
"We inform you, pursuant to art. 13 of Legislative Decree 196/2003 that FIORE LORENZO, as legal representative, will proceed to the processing of the data provided by you in compliance with the regulations on the protection of personal data processing. The provision of data is optional, but any refusal to provide them determines the impossibility of implementing the obligations arising from the contract of sale to which you are party.
The personal data provided by you are collected by telematic means and processed, also with the aid of electronic means, directly and/or through delegated third parties (delivery companies) for the following purposes
purposes related to the management and delivery of goods, of the order you have sent and related services;
statistical purposes, sending of advertising material, through the use of electronic mail.
In any case, your data will not be communicated (except to home delivery companies) or sold to third parties. Within the company FC ITALIA S.R.L the data may be known only by specifically appointed persons working in our sales, purchasing, order processing and administration offices.
Pursuant to art. 7 of Legislative Decree 196/2003, you have the right at any time to obtain, from the person in charge of processing, information on the processing of your data, its methods and purposes and the logic applied to it as well as
1) confirmation of the existence of the data and communication thereof and of their origin
2) the identification details of the Data Controller and the Data Processors as well as the subjects or categories of subjects to whom the data may be communicated or who may become aware of the data in their capacity as Data Processors or persons in charge of processing
3) the updating, rectification and integration of data
4) the cancellation, transformation into anonymous form, blocking of data processed in violation of the law
5) certification to the effect that the operations as per points 3) and 4) have been notified to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected;
6) to object: to the processing of data, even if pertinent to the purpose of collection, for legitimate reasons; to the processing of data for purposes of commercial information or market research.
The data controller is F.C ITALIA S.R.L with registered office in Piazza T.S. Ferdinando n.8 - c.a.p. 80129 Napoli .
15) WAIVER OF RIGHT OF WITHDRAWAL: the company FC ITALIA S.R.L does not recognise the Customer's right of recourse pursuant to Article 1519 quinquies of the Civil Code.
16) GENERAL CONDITIONS OF ACCEPTANCE OF RETURNS:
The consumer has the right to return the product, within the term of ten working days starting from the day of receipt of the ordered product. There shall be no refund of the purchased goods:
The consumer is entitled to either a size exchange of the same product or a product exchange of equivalent value or a purchase voucher of the value of the product purchased and returned.
Products must be accompanied by a return letter stating the invoice number, customer number or surname, first name, address and clear reason for return, the same must be:
Undamaged products
Packaging and labels intact or in the same condition as supplied. We also remind you that the return costs are charged to the customer.