(valid for purchases outside the United States)
Last update: 02/11/2017
1.1 The following General Sale Conditions regulate the sale of products on the website www.fratelligrazianishop.it (hereinafter, also the "Website").
1.2 The Website’s owner is the company F.lli Graziani di Massimiliano and Laura Graziani Snc (p.iva 01087250484), with registered office in Scandicci (FI) Via di San Colombano n. 173 (hereinafter also the "Seller"), registered in the Florence Business Register n. 255954, artisan enterprises roll n. 80871 - Tel. +39 0557310706, Fax. +39 0557310684, e-mail: email@example.com;
1.3 Using the Website and / or making any purchase, these General Conditions of Sale of Products are automatically accepted. Therefore, please read these General Terms and Sale Conditions carefully before proceeding with any purchase.
1.4 Please also note that the General Terms and Sale Conditions are subject to change; therefore, you are encouraged to check them and save or print a copy before making any purchases. Any changes are enforceable starting from their publication on the web and are not applicable to contracts stipulated prior to the publication itself.
2.1 In the current General Sale Conditions:
a) "Customer": means the subject who purchases the products from www.fratelligrazianishop.it
b) "Consumer Code" means the Decree Law n. 206/2005, as amended by the Decree Law no. 21/2014, which constitutes the regulatory framework on consumer’s rights that implemented the Directive 2011/83 / EU amending the Directive 93/13 / EEC, the Directive 1999/44 / EC and as amended by Decree Law no. 130/2015 implementing the Directive 2013/11 / EU.
c) "General sale conditions" means the terms that regulate the sale and purchase of products through the website www.fratelligrazianishop.it
d) "Consumer" means, in accordance to art. 3, lett. a) of the Consumer Code "the natural person acting for purposes unrelated to any entrepreneurial or professional activity carried out";
e) "Contract" means the sale contract concluded between the Seller and the Customer concerning the products on the website www.fratelligrazianishop.it
f) "Legal conformity guarantee" means the Guarantee provided for by articles 128-135 of the Consumer Code, exclusively applicable to Consumers.
g) "Order" refers to the Customer's request addressed to the Seller for the purchase of the product on the website www.fratelligrazianishop.it
h) "Product or Products" refers to all products from time to time sold through the website www.fratelligrazianishop.it
i) "Purchase Proposal" means the written formalization with which the Customer informs the seller of the intention to purchase the product on the Website www.fratelligrazianishop.it
l) "Website" means the website www.fratelligrazianishop.it
m) "Seller" means the company F.lli Graziani di Massimiliano and Laura Graziani Snc
3. CONCLUSION OF THE CONTRACT
3.1 The Contract stipulated between the Seller and the Customer is deemed to be perfected and produces effects only upon acceptance of the Purchase Proposal (or the "Waiting Order") by the Seller.
The Seller has the right to accept or reject the Order after verifying the availability of the product subject of the Proposal, under the conditions set out therein.
The acceptance of the Order consists in the passage of the status of the same from "Waiting Order" to "in Processing". In case of non-acceptance, the Seller will promptly notify the Customer, by sending an e-mail to the indicated e-mail address or by telephone, communicating the reasons.
3.2 The Purchase Proposal means "subject to availability". In the event that the actual product is no longer available and /or the waiting times are longer than those indicated on the website, being a craft product, the Seller will promptly notify the Customer by e-mail or telephone.
In this case the Customer can choose to:
a) cancel the Order and be reimbursed for any amount already paid;
b) change the Product;
c) wait further beyond the times referred to in the website.
3.3 In the event that the Customer chooses the solution referred to in letter a), the reimbursement of any sum already paid will be made as quickly as possible and in any case within thirty (30) days from the date of receipt of the reimbursement request.
3.4 By placing the Order, the Customer automatically declares to have read all the information provided during the purchase procedure and to fully accept the General Terms and Sale and payment Conditions here indicated (even if the Orders have been made by telephone or via e-mail).
3.5 If the Customer is a Consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure is concluded, he will print or save an electronic copy (and in any case keep) these Sale Conditions, in compliance with the provisions of Articles 49-51 of the Decree Law no. n. 206/05 on distance sales.
3.6 The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the Purchase Order by the Customer. The Seller cannot be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport, as well as for delays in delivery attributable to the carrier in charge of the transport.
4. PURCHASE PROCEDURE
4.1 The Customer may only purchase the Products currently on the Website at the time the Order is submitted which can be seen at www.fratelligrazianishop.it, as described in the relevant information sheets. The technical information on the website faithfully reproduces those of the product. It is understood that the image accompanying the description of a Product may not be representative of its characteristics: the Product ordered may differ in color, size, accessories, etc. compared to the photo.
Before placing the Order, if the Customer is interested in certain characteristics of a Product, it will be necessary to contact the Customer Support Service to make sure that the chosen product possesses them.
4.2 The correct receipt of the Purchase Proposal is confirmed by the Seller with a reply sent via e-mail to the e-mail address communicated by the Customer at the time of registration. This confirmation message will include:
a) all data entered by the Customer (name, surname, address, e-mail etc. etc.);
b) date and time of receipt of the Purchase Proposal;
c) the Product description (characteristics, colour, size, price, etc., etc.)
d) an "Order Number", to be used in any further communication with the Seller.
4.3 The Customer is therefore required to verify the correctness of his Order and to promptly communicate any inaccuracies by writing to the email firstname.lastname@example.org
4.4 The Customer can check the status of his order by accessing the Users Area, under "Your Account".
4.5 The Customer may make changes to his Order or cancel it at any time before it is processed, or when the Order is still in the "Waiting" status.
If an Order is in a state of advanced processing, or "In Processing", the Order cannot be cancelled without prejudice to the Right of Withdrawal, referred to in paragraph 6 below, for the Consumer.
4.6 It is NEVER possible to cancel the Order of a customized or customized product.
4.7 After receiving a Purchase Proposal, the Seller will proceed to check it for acceptance, as per point 4 above. In the case of non-acceptance of the Purchase Proposal, the Seller undertakes to promptly notify the Customer.
4.8 All prices on the Site are to be understood as prices to the public, therefore inclusive of VAT, except in cases where the country of destination of the Product is non-EU.
4.9 For each Order placed on www.fratelligrazianishop.it, the Seller will issue the related receipt; for the issuance of the invoice it is necessary to report it when ordering and will confirm the information (the data of the "billing address as well as the tax code") provided by the Customer at the time of the Order. No change in the invoice will be possible after the issuance of the same.Inizio modulo
5. PRICES AND PAYMENT METHODS
5.1 The Seller reserves the right to change the price of the Products on the Site at any time. The price of the Product included in an Order will not be modified after accepting it, except for errors in the indication of the same.
5.2 The payment of the price of the Products, any services and shipping costs may be made by credit card (VISA, MasterCard, Maestro, American Express, Diners Club), bank transfer or cash on delivery.
5.3 In case of payment by credit card, for each Order the charge on the Customer’s bank account will occur automatically at the time of the Purchase Proposal and the Order will be considered effective only after approval of the bank payment centres.
5.4 In the case of payment by bank transfer, the sending or delivery of the Order to the Customer takes place only after the actual deposit of the due amount on the Seller’s bank account. The transfer must be ordered by the Customer within 2 calendar days from the date of acceptance of the Order, after which the Order is deemed automatically cancelled. The payment description of the bank transfer must include the Order number, indicated in the Order confirmation e-mail, where the bank details of the Seller will also be indicated.
The Customer can register and print payment details if he wishes to keep the details of his bank transaction.
6. RIGHT OF WITHDRAWAL
6.1 The Consumer (c.f. article 2.1 letter d) who has purchased products through the Website has the right to withdraw from the Contract concluded with the Seller without any penalty, without specifying the reason and without prejudice to what is indicated in the following point 6.3, 6.4. and 6.6., within fifteen (15) days from the date of delivery of the Product, anticipating the withdrawal through a special report to Customer Care at the e-mail email@example.com
The date indicated on the delivery note is fully proof of reception.
6.2 To exercise the right of withdrawal, the Consumer must:
I - send an e-mail to the e-mail address firstname.lastname@example.org After receiving the notice of withdrawal, the Seller will send an e-mail to the Consumer indicating the instructions to return the goods and attach the appropriate label to be affixed on the packaging.
II - give formal notice of withdrawal by registered letter A.R. sent to the following address F.lli Graziani di Massimiliano and Laura Graziani Snc, 50018 Scandicci (FI) Via di San Colombano n. 173
III - send the purchased product, using a courier of his choice and at his own expenses, within fifteen (15) days from the date of communication of the withdrawal, appropriately protected and possibly packaged in the original packaging, accompanied by any accessories. Pursuant to art. 57, paragraph II, Consumer Code, the Consumer is responsible for the diminution of the value of the goods resulting from a manipulation of the same different from that necessary according to the nature, characteristics and functioning of the goods.
6.3 The practice of the right to withdrawal is subject to the following mandatory conditions and, in particular, the Product must be returned:
a) without obvious signs of use that diminish its value and prevent its resale: therefore, used products will not be accepted, showing signs of use different from that required by the characteristics and nature of the same, damage or dirt;
b) correctly packed in its original packaging, in perfect conditions (not ruined, damaged or dirty) and equipped with all its accessories, documentation and attachments. To limit damage to the original packaging it is recommended, when possible, to put it in a second box and not to apply adhesive tapes that are not transparent to the original packaging
c) bearing the return label provided by the Seller externally to the packaging, in order to allow the customer to be identified in a univocal way (Order number, name, surname and address)
6.4 It also states that:
I- the right of withdrawal is practiced with reference to the product purchased in its entirety; it is not possible to practice the right of withdrawal only on part of the product purchased (eg: accessories)
II - the shipment of the Product to the Seller is under the complete responsibility of the Consumer until the documented reception in the Seller’s warehouse and the Customer will be required to pay damages to the Seller in the event of a claim, except for possible responsibilities of the vector. Therefore, in case of damage or loss of the goods being returned during transport, the Seller will inform the Consumer of the event (within 5 working days from receipt of the goods), to allow the latter to promptly report his complaint against the transporter chosen by him and obtain the reimbursement of the value of the asset (if insured).
6.5 In compliance with the provisions of art. 57, paragraph I, Consumer Code, only after receiving the Product and after having positively verified compliance with the terms and conditions to the practice of the right of withdrawal and the substantial integrity of the Product and packaging as specified in point 6.3 and without prejudice to any restoration costs for damages ascertained to the original packaging, the Seller will proceed, as soon as possible and in any case within fourteen (14) days from the date in which the Seller became aware of the practice of the right to withdrawal by registered letter with return receipt of the sums paid by the Consumer. The reimbursement amount will be communicated via e-mail and credited to the same means or payment solution used for the purchase.
6.6. Pursuant to art. 59, I comma lett. c), d) and e) of the Consumer Code, the right of withdrawal is excluded if the sale relates to tailor-made or customized products (for example with engraving or other and clearly indicated in the cart and in the confirmation email with the words "Personalized").
7. LEGAL WARRANTY OF CONFORMITY OF PRODUCTS
7.1. Every Product sold on the Site is assisted by the Legal Warranty of Conformity pursuant to art. 128 and ss. of the legislative decree n. 206/2005. Therefore, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the product and that occurs within two (2) years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two (2) months from the date in which it is discovered.
The natural oxidation of silver (which is a characteristic of metal) on products without painting treatment that makes them unalterable should not be considered a defect.
On products on which a galvanic coating is made or any unchangeable processes occur we cannot guarantee the 2 years since the treatment can undergo alterations due to the different types of skin perspiration or due to particular atmospheric conditions (high humidity rates etc.).
In these cases we reserve the right to view the status of the products in order to assess whether the part is to be repaired under warranty or not.
• Product problems due to use and / or deterioration such as batteries, pen refills, notepads, etc. are not guaranteed.
• The warranty is not applied in case of incorrect installation of the product, poor maintenance, abuse or negligence, incorrect and / or fraudulent use of the product, alteration or unauthorized attempts to repair it
• The warranty is personal and exclusively applicable to the original purchaser.
• Any item restored or replaced under warranty will in turn be covered by the warranty for a period equal to the remaining warranty period of the original product.
• Any repair costs for items not covered by warranty will be communicated in advance to the purchaser. The consumer can then decide whether to have the item repaired or receive it without being repaired.
• It is important to install, repair and use the product by carefully following the instructions to avoid damaging it or incurring in accidents.
• The Products repaired, modified or in any way altered by the Consumer are also excluded from the legal guarantee of conformity.
7.2. In no case shall the Seller be held liable for failure to fulfil any of the obligations arising from these General Conditions of Sale, in the event that the non-fulfilment is caused by chance and / or force majeure.
7.3. The responsibility of the Seller, in the context of this warranty, cannot in any case exceed the price paid for the purchase of the Product.
8.1. Any communication or contestation, unless otherwise established, must be sent by e-mail to email@example.com or by registered letter with return receipt to the Seller’s address or, in case of urgency and inability to communicate via e-mail, by fax to the number +39 0557310706.
9. USING THE SITE
9.1 The photographs used to present the Products accompanying the descriptive information are published on the Website for descriptive purposes, taking into account the fact that the quality of the images, including an exact visualization of the colour variations, may depend on software and computer tools used by the Customer at time of viewing the site itself. The Seller assumes no responsibility for problems caused to the customer by the use of the Site and the technologies used, as not dependent on his will.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1 The Seller informs that the Site, as well as all the trademarks and distinctive signs used in connection with the sale of the Products offered, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden in any form and for whatever purpose they occur. The Seller reserves the right to take legal action to protect these aspects.
11. PROTECTION OF PERSONAL DATA
12. EXCLUSION OF LIABILITY IN CASE OF FORCE MAJEURE
12.1 In no case shall the Seller be held responsible for any breach of any of the obligations deriving from these General Conditions of Sale in the event that the non-fulfilment is caused by chance and / or force majeure, including, purely by way of example, natural disasters, terrorist acts, network malfunctions and / or blackouts.
13. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
13.1 This Sales Contract between the Customer and the Seller is governed by the Italian law and, in particular, by the Consumer Code - and subsequent amendments, and by Legislative Decree no. 70/2003 and subsequent amendments.
13.2 For any dispute concerning the General Conditions, the Court of the place indicated by the Customer as his residence or domicile, if located in the territory of the Italian State, will have jurisdiction.
13.3 Pursuant to art. 141-sexies of the Consumer Code and of Regulation no. 524/2013, the European Customer is informed that in the event of a dispute, he / she can file a claim via the European Union's ODR platform at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for customers who wish to settle disputes arising from sales contracts or online services out of court. For this purpose we inform you that the Seller's e-mail address is firstname.lastname@example.org
14.1 These General Conditions of Sale define the terms and conditions that apply to the Customer at the time of purchase of the Products present on the website. If the Customer would like clarification, he can contact the Seller directly by sending an e-mail to email@example.com
14.2 The Customer is invited to save or print a copy of these General Conditions of Sale before sending the Order.