Assaggiaolio® is a trademark of Fara S.r.l.
terms and conditions of faravetrerie.it
Foreword
The offer of this online store is proposed by the company Fara S.r.l. in accordance with the current regulations on electronic commerce and distance contracts.
Company Data
Fara S.r.l via Tevere, 6 Loc. Martignana, Montespertoli (FI), 50025, Italy
P.I. 03168470486
Tel : 0571676176 | Fax : 0571676003
E-mail: info@faravetrerie.it
The Customer declares that he/she has read all the above information and general conditions of sale before placing the order.
General Terms and Conditions of Sale
These general conditions govern the terms of sale of products marketed by Faravetrerie.it (the “Products”). All contracts for the sale of Products by Fara S.r.l. to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the Products themselves. The conditions of sale applicable to orders are those in effect on the date of the order.
1. Products: prices and characteristics
1.1 Unless otherwise indicated, the prices of the Products published on the site by Fara S.r.l. are in Euros and include VAT. Shipping costs are excluded. Shipments outside the European Community (non-EU) are also exclusive of any customs duties, which will be the responsibility of the recipient and will be requested by the shipper upon delivery. The price guaranteed to the buyer is the price published on the Site at the time the order is placed. The price set at purchase is fixed and final. The prices of the Products from time to time published by Fara S.r.l. on the site cancel and replace the previous ones and are subject to the actual availability of the Products. The technical and functional characteristics relating to the Products, published by Fara S.r.l. through its own informative messages on the Internet pages describing the items, correspond to those provided by the manufacturer. Product images are indicative and not binding. Products are not provided on trial. Although the notes on faravetrerie.it may provide indications of the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for ensuring that the specifications indicated by the manufacturer meet and conform to his/her requirements.
2. Orders – billing
Each order for Products transmitted to Fara S.r.l. constitutes a contractual proposal from the Customer. The fulfillment of the order by Fara S.r.l. is equivalent to confirmation and acceptance of the same. Tax documentation for the Products ordered will be issued by Fara S.r.l. when the Products are shipped to the Customer. The Customer must indicate the exact data required for invoicing and specify the shipping address of the invoice.
3. Execution of the order
The order will be executed in the terms specified on the Site. Once confirmed, the order can only be cancelled within 12 hours, after which time the customer has an obligation to pay. In accordance with relevant laws, the customer may still, return the order within 14 days, following our Return Policy (See item 9). In the event of non-execution of the order by Fara S.r.l. (if the same is due to unavailability of the Products ordered by the Customer), Fara S.r.l. will as soon as possible to inform the Customer of the expected delivery time for the supply of the missing Product. If the Customer does not intend to wait this time, in any case not more than 30 working days, Fara S.r.l. will refund any sums already paid by the Customer in respect of the unfulfilled supply. In case of breakage, depletion of stock or unavailability of the ordered Product, Fara S.r.l. undertakes to inform the Customer as soon as possible and specify a deadline for availability. The Customer will confirm by e-mail his/her choice, i.e., wait for the availability of the Product or request a refund.
4. Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Fara S.r.l.
The Customer will receive by fax, mail or e-mail a notification of receipt showing confirmation of the order with all the constituent elements of the contract (products ordered, prices, delivery dates, shipping costs).
Fara S.r.l. reserves the right not to confirm an order for any reason pertaining specifically to a problem concerning the order received or the procurement Products.
5. Delivery of products
The Products are delivered to the address indicated by the Customer. Shipments will be made after receiving confirmation of payments: for payment by credit card, the confirmation of the transaction by the circuit will be valid. We rely on the service of TNT and Mail Boxes Etc. for our shipments.
5.1 Delivery Time
Deliveries are usually made within 24/48 hours for Italy and 3/8 days for other destinations only for products in stock. Shipping times are given in working days. Any delays in deliveries of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnity of any kind. Fara S.r.l. has the right to make, if it deems it appropriate, the request for delivery of the Products (even relating to the same order) in several successive stages. Delivery is considered to have been made from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transportation and release of the good.
5.2 Deliveries to the floor
Deliveries are intended for street level only. Special terms and conditions of delivery shall be agreed in advance between the Customer and Fara S.r.l. and accepted in writing by Fara S.r.l.
It is important to know that:
Upon delivery, the Customer shall check the contents, conformity and condition of the Product(s). Therefore, upon delivery, Fara S.r.l. recommends the Customer to proceed to check the state of the Products delivered before signing the acknowledgement of receipt, and to make sure in particular: – that the number of packages being delivered corresponds to what is indicated in the transport document attached to the shipment; – that the packaging is intact, not damaged, nor wet or otherwise altered, and to check the integrity of the contents. If the Customer finds any anomalies, he/she must refuse delivery of the products or put his/her reservations in writing in a detailed and dated document. If the courier’s document is signed without affixing any “reservation,” the Customer may not object to the external characteristics of what is delivered. Any problems with the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days after delivery. Fara S.r.l. has the right, at its sole discretion, to make delivery of the Products ordered by means of a courier chosen by you.
6. Withdrawal of products when the customer is absent
If the recipient is absent during the delivery, the carrier will leave a notice of passing at the delivery address given by the Customer. The Products must be picked up at the address and in the manner specified by the carrier. In case of failure to collect the Products within the time limit set by the carrier, the Products will be returned to Fara S.r.l., which reserves the right to refund the price of the Products, leaving the shipping costs to be borne by the Customer. In the event of an error concerning the Product, the Customer undertakes to return said Product or the Products concerned to Fara S.r.l. within 14 (fourteen) days of receipt, with the package unopened, in their original condition and packaging and with the accompanying documents. Upon receipt of the Product in proper form and manner, Fara S.r.l. will return, at its own expense, the Product originally ordered.
7. Force majeure
Explicitly considered as cases of force majeure, in addition to those normally considered by case law, are the following: – total or partial strikes, internal or external to the company, blockage of means of transportation or supply for any reason, governmental or legal restrictions, computer failures, blockage of telecommunications including networks and especially the Internet. In the event of force majeure, the execution of the order will be suspended, at first, in full right. If a period of 3 (three) months has passed and the parties find that the force majeure case persists, the order will be automatically cancelled unless otherwise agreed upon by both parties.
8. Product Warranties – Technical Support
Fara S.r.l. guarantees only the material integrity of the Products at the time of delivery (hereinafter, the “Fara S.r.l. Warranty”).
8.1 Any defects covered by the Fara S.r.l. Warranty must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In case of operation of the Fara S.r.l. Warranty, the Customer will be entitled only to the replacement of the damaged Products upon return of the same, being excluded the Customer’s right to compensation for any damage, even further. The shipping costs necessary for the replacement of Products shall be borne by Fara S.r.l..
8.2 Without prejudice to the provisions of Article 8.1 above, Fara S.r.l. makes no warranty on the Products with respect to the suitability of the Products for the specific use intended by the Customer.
8.3 Without prejudice to cases of willful misconduct or gross negligence on the part of Fara S.r.l., it is as of now agreed that, should it be ascertained that Fara S.r.l. is liable to the Customer for any reason whatsoever – including the case of total or partial non-fulfilment of the obligations undertaken by faravetrerie.it against the Customer as a result of the execution of an order – the liability of Fara S.r.l. shall not exceed the price of the Products purchased by the Customer and for which the dispute arose.
Right of withdrawal
9.1 Pursuant to Art. 5 of Legislative Decree May 22, 1999 no. 185, the Customer (if he/she qualifies as a “consumer” within the meaning of art.1 lett b) of Legislative Decree 22 May 1999 no. 185) has the right to withdraw from the contract and return the ordered Products, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from the receipt of the Products.
9.2 The right of withdrawal referred to in Article 9.1 above may be exercised by the Customer, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us by mail:
Fara S.r.l. via Tevere, 6 Loc. Martignana, Montespertoli (FI), 50025, Italy via fax: +39 571676003 via e-mail: info@faravetrerie.it of the decision to withdraw from this contract by an explicit statement (e.g. letter sent by mail, fax or e-mail). To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
9.3 By withdrawing from the contract, we will refund to the Customer all payments made to us, including delivery costs (with the exception of additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day we are informed of the decision to withdraw from this contract. Such refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer shall not incur any costs as a consequence of such a refund. Refunds may be suspended until receipt of the goods or until the consumer demonstrates that he or she has returned the goods, whichever is earlier.
9.4 Returned goods must be returned or delivered to us at the address Fara S.r.l. – via Tevere, 6 Loc. Martignana, Montespertoli (FI), 50025, Italy without undue delay and in any event within 14 days from the day on which the Customer has notified us of his withdrawal from this contract. The deadline is met if the goods are returned before the expiration of the 14-day period. The direct costs of returning the goods will be borne by the Customer.
9.5 The Customer shall be liable only for diminution in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and operation of the goods. The returned good must be returned in resalable condition.
The right of withdrawal referred to in Article 9.1 above cannot be exercised by the Customer in the event that the purchased Products have been manufactured according to the Customer’s requests or are customized
Fara S.r.l. recommends that the Customer:
– verify the status of the delivered Products before signing the acknowledgement of receipt, and in particular that the number of packages being delivered corresponds to what is indicated on the transport document attached to the shipment
– Verify that the packaging is intact, not damaged, wet or otherwise altered
– check the integrity of the contents If any discrepancies are found, the Customer may refuse to accept the package by signing his refusal.
10. Payment
Payment of the fee is due at the time of the order. The Customer agrees to settle the agreed price for the Product ordered on the Site (price of the Products and transportation) as well as, if necessary, to settle or have settled directly with the courier or transporter the VAT or other taxes related to the import of the Products in the countries where delivery will take place. The Customer settles the order: – by credit card as proposed on the Site. The Customer warrants to Fara S.r.l. the fact that he/she has any necessary authorizations to use the credit card payment method when ordering or through Paypal. The Customer warrants to Fara S.r.l. the fact that he/she has any necessary permissions to use the Paypal payment method when placing an order.
11. Failure to pay – Reservation of title
The Products ordered remain the property of Fara S.r.l. until final payment in full of their price (pursuant to Art. 1523 et seq. of the CC.) Fara S.r.l. reserves the right to claim the Products ordered in case of non-payment. In this hypothesis and at the request of Fara S.r.l., the Customer agrees to return any unpaid Product, at its own expense.
12. Complaints
Claims for non-conformity of the Product(s) delivered with the order must be received in writing directly to Fara S.r.l., immediately upon receipt of the goods. We advise the Customer to keep the original packaging and delivery document.
13. Named information
Computer processing of information, including the management of e-mail addresses of site users, is carried out in accordance with the provisions of the law. The nominative information requested from the Customer is essential for processing and submitting orders, creating invoices and any warranty contracts. For this purpose, such information may be communicated to Fara S.r.l.’s contractual partners. The Customer may object to such a communication and in accordance with the law avail himself of the right to access, modify, rectify and delete data concerning him by contacting : Fara S.r.l., via Tevere, 6 Loc. Martignana, Montespertoli (FI), 500025, Italy To avoid any attempt at fraud, Fara S.r.l. may ask you for proof of your identity, domicile.
14. Electronic signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
15. Non-waiver
For Fara S.r.l. not to enforce a failure on the part of the Customer with respect to any of its obligations shall not be construed as a waiver of the obligation in question and of the possibility of enforcing this failure at a later date.
16. Integrity of the contract
These general terms and conditions constitute the entire obligations of the parties. No other general or particular conditions communicated by the Customer shall be included in or exempt from these general conditions.
17. Intellectual Property
Fara S.r.l. is the owner of the intellectual property rights of the Site and the right of dissemination of the elements that are contained in the catalog of the online store, consequently, the partial or total reproduction, on any type of media, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited. Fara S.r.l. also owns the registered trademark Assaggiaolio.
18. Nullity
Should one or more of the provisions of these general conditions be deemed invalid or declared invalid pursuant to a law, regulation, or as a result of a final decision made by a competent jurisdiction, the other provisions shall retain their full force and effect.
19. Jurisdiction
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of the law placed to protect consumers (as defined under Article 1 lett b) of Legislative Decree May 22, 1999 no. 185), any dispute in any way connected with these General Conditions shall be devolved to the exclusive jurisdiction of the Court of Florence. Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and understood and specifically accepts the following clauses of the Fara S.r.l. General Conditions of Sale: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.
Last modified: September 30, 2020