The on line supply and sale of GIANNI FALCO SRL'S Products on the www.giannifalco.com
website are governed by the following General Conditions of Sale
ART. 1 - DEFINITION
- GIANNI FALCO SRL: owner of the website and Seller, with registered office in Via dell'Industria n° 28, 31041 Cornuda (TV), registered with the Companies’ Register of Treviso REA TV-195962 - R.I. TV Nr. 29604 , Vat no. 02215910262 ;
- General Conditions: conditions applied by GIANNI FALCO SRL for on line sale of Products on the website;
- Website: www.giannifalco.com
- Customer/Customers: user/s who, previous registration, enters in the Website to explore or to order Products;
- Order/Orders: online submissions of purchase of Products on the website, made by registered Customers;
- Products: products marked with trade mark GIANNI FALCO temporarily on the web site;
ART. 2 – GENERAL NOTES
ART. 3 – PRODUCTS
The following General Conditions govern exclusively on line Products’sales in the manner described on the web site (mettere link sito web). The following General Conditions don’t govern the sale of products form entities different than GIANNI FALCO SRL, that may be find in the Website through links, banners or other hyperlinks. The visual representation of the Products, is the same of the image with the only purpose to represent the Products for sale, the images and colors of Products on sale may however vary, due to the effect of the Internet browser and/or monitor used. GIANNI FALCO SRL doesn’t guarante the perfect correspondence between the images on the Website and the Products. If there are differences between the images and the product data sheet, the latter is the one effective.
ART. 4 - PRICES AND SHIPPING COSTS
The prices of the Products are inclusive of VAT and refer to the price list in force. The prices are not inclusive of shipping costs that shall be borne by the Customer as clearly indicated in the order. The shipping costs may vary depending on the method of delivery and payment, as well as the place of destination.
All orders will be delivered at the address indicated in the order transmitted. The date of delivery of the goods indicated in the order shall be intended as indicative but not binding for GIANNI FALCO SRL.
The shipping cost is clearly indicated at the moment of the order.
ART. 5 – REGISTRATION
To process with the purchase on the Website the Customer shall register acceding on LOGIN area, providing the e-mail address as user and a valid password. The registration is free and is confirmed by mail sent to the address of the Customer. GIANNI FALCO SRL reserves itself the right to accept or refuse, at its discretion, the registration of the Customer. Data of registration shall be used exclusively by the Customer and shall not be ceded to third parties. The Customer is the sole responsible of the login on the website with its registration data and is directly responsible for any damage, or injury caused to GIANNI FALCO SRL or to third parties by improper use, loss, embezzlement, or failure to protect properly its registration credentials.
ART. 6 – TERM
GIANNI FALCO SRL reserves itself the right to accept or refuse, at its sole discretion, the Order sent by the Customer, without the right of the latter to make claims, for any reason, even compensatory, for non-acceptance.
In particular, GIANNI FALCO SRL reserves itself the right to refuse or cancel orders from Customers those do not give sufficient guarantees of solvency or if - even after comparison with the circuit that manages payments with credit cards - anomalies in transactions and payment method used by the Customer are found. GIANNI FALCO SRL reserves the right to refuse orders of customers with whom a dispute arises in relation to one or more previous order, or in the event that GIANNI FALCO SRL deems, in good faith, that the customer has infringed, or intends violate these General Conditions.
ART. 7 – PURCHASE PROCEDURE (ORDER)
The publication of the Products on the Website constitutes an invitation to the Customer to send Purchase Orders. The registered Customer can purchase the Products present in the Web site catalog, in the respective sections, as described in the relevant information sheets and respecting the procedures described therein. To proceed with the compilation of the Order the customer can, alternatively, proceed as follow:
a) In the event that the user is a Customer already registered on the Site, it is sufficient to enter with its login credentials (username and password).
b) In the event that the user is a new customer, before proceeding with the purchase it shall make the related online registrations in the LOGIN area.
Before sending the Order, the Customer shall check the cost of each Product chosen, the total cost for purchase of several Products and the relative delivery costs. The Customer correctly concludes the order process if the Site does not show any error message (the system can not detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping).
ART. 8 - ACCEPTANCE OF GENERAL CONDITIONS OF SALE
The Customer, before submitting the Purchase Order, has to carefully read these General Conditions of Sale. By sending the Order, the Customer declares to have read and accepted these General Conditions in relations with GIANNI FALCO SRL.
ART. 9 – CONCLUSION OF THE CONTRACT
After sending the Purchase Order, the Customer will receive from GIANNI FALCO SRL an e-mail message confirming the receipt of the Order and containing the order number, information on the main features of the Product purchased, detailed indication of the price, delivery costs and payment methods, as well as the specific reference to the General Terms and Conditions and to the right of withdrawal. GIANNI FALCO SRL invites the Customer to carefully verify the the data contained in the Order and to keep the acknowledgment of receipt on paper or electronic support. For any communication to GIANNI FALCO SRL, the Customer shall use the Order number given. The Products will remain property of GIANNI FALCO SRL until payment of the purchase price and costs by the Customer. GIANNI FALCO SRL will process the Order only after having received confirmation of the authorization to pay the total amount due as indicated in the order.
ART. 10 – PAYMENT METHODS
The purchase price is expressed in Euro and shall be paid online, at the time of the Order, by credit cards indicated on the website of GIANNI FALCO SRL or by bank transfer using the bank account indicated in the order. The Product will not be sent until the funds are transferred to the account of GIANNI FALCO SRL. GIANNI FALCO SRL will issue the related invoice upon delivery of the Products to the courier, with e-mail sending to the Customer. The information provided by the Customer will be used to issue the invoice and any change of information is not possible after the invoice has been issued.
ART. 11 – CLAIM – RIGHT OF WITHDRAWAL OR REFUND
For Any claim Customer shall refer to GIANNI FALCO SRL, tel.+39 0423915272 – Fax +39-0423-915950 – PEC email@example.com
Pursuant to art. 64 and to Legislative Decree 206/2005 (Consumer Code) the Consumer (a physical person who buys the Products for purposes not related to his professional activity, or without indicating a VAT number) may exercise the right of withdrawal for any reason, in compliance with the terms and methods specified in the dedicated section "Consumer Right of Withdrawal".
ART.12 – METHODS OF DELIVERY
The purchased Product is delivered by courier to the address specified by the Customer in the Order. Deliveries will be from Monday to Friday, during office hours, excluding national holidays. Delivery is considered completed when the Product is available to the Customer at the address specified in the Order. Any, packaging and/or Products damage, or the mismatch between the number of pieces / packages and indications shall be immediately notified by the Customer, who shall contact GIANNI FALCO SRL through the Customer Service, specifying the number of Order reported. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a notice. In case of impossibility of delivery due to absence of the recipient, the customer service will try to contact the customer to schedule a new delivery. In case of delay, GIANNI FALCO SRL will notice the Customer by e-mail. GIANNI FALCO SRL shall not be liable for delays due to third parties and / or force majeure. Cases of force majeure, unavailability of means of transport, as well as unpredictable or unavoidable events that cause a delay in delivery, or prevent the execution, will give the right to GIANNI FALCO SRL to split, postpone or cancel, in whole or in part, delivery, or to terminate the sales contract. In such cases GIANNI FALCO SRL will provide proper communication to the e-mail address indicated by the Customer, who shall have the right to receive the refund of the price paid, excluding any further claim, including compensation, against GIANNI FALCO SRL.
ART. 13 – COMPLIANCE OF THE PRODUCTS WARRANTIES AND VICES/DEFECTS
a) Warranty for the Consumer (herein Consumer): The Consumer, as defined by art. 3 of Consumer Code (D. Lgs n. 206/2005) has the right to ask legal guarantee provided by Articles 128 to 132 of the Consumer Code. This guarantee provides that the Consumer, in forfeiture, claims to GIANNI FALCO SRL of any lack of conformity of the product purchased within 2 (two) months from the discovery (Article 132, Consumer Code). Following this claim, the Consumer will have the right to request the fixing, or replacement of the Product, without prejudice to other rights provided by the law in favor of the Consumer. By virtue of the legal guarantee above, GIANNI FALCO SRL is responsible for all conformity defects that occur within 2 (two) years from the delivery of the product. Beyond this term, GIANNI FALCO SRL will not be responsible for the conformity defects found by the Consumer. In case of replacement or fixing of the Product, the terms of the warranty for the Product given as a replacement, or resulting from the fixing, are the same as the original product. Therefore, the two-year legal guarantee will in any case start from the delivery of the original product. In order to achive the warranty, the exhibition of the purchase document to GIANNI FALCO SRL is required. Refer to articles 128 and following of Consumer Code.
b) Guarantee for the Customer non Consumer (Professional): the Customer Professional as defined by art. 3 of the Consumer Code, has the right to ask legal guarentee provided by the Italian Civil Code. This Guarantee provides, that the non-Consumer Customer, in forfeiture, claims to GIANNI FALCO SRL any lack of conformity of the product purchased within 8 (eight) days of discovery. The legal guarantee above is valid for a maximum of 12 (twelve) months from the delivery of the product. Beyond this term GIANNI FALCO SRL will not be responsible for the defects found by the non-consumer customer. In order to achive the guarantee, the exhibition of the purchase document to GIANNI FALCO SRL is required.
ART. 14 – TERMINATION CLAUSE
In the event of total or partial non-payment of the purchase price of the Product, GIANNI FALCO SRL reserves the right, pursuant to and for the purposes of art. 1456 of the Italian civil code, to terminate this contract by sending a written notice to the customer's e-mail address.
ART. 15 –PRIVACY
ART. 16 – COOKIES
The website www.giannifalco.com uses "cookies". Cookies are electronic files that record information relating to the navigation of the customer on the site (pages consulted, date and time of the consultation, etc. ..) and which allows GIANNI FALCO SRL to offer a personalized service to its customers. GIANNI FALCO SRL informs that customer has the right to disable the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ART.17 – ITALIAN JURISDICTION – COMPETENT COURT
Disputes over the application, performance, interpretation of the on line purchase contracts, shall be refered exclusively to the Italian Jurisdiction to the Court of Treviso, unless mandatory law provisions provide a different exclusive jurisdiction (Court of Place of the Customer c.d. Consumer).
ART. 18 – APPLICABLE LAW
Where not explicitly laid down therein, contracts signed in application of these Genereal Conditions are governed by Italian law.
ART. 19 - CONTENTS OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
The contents of the Site, such as, by way of example, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics, colors, diagrams, tools, fonts and web design, diagrams, layouts, methods, processes, functions and software, are under copyright and intellectual property rights of GIANNI FALCO SRL. The production, modification, duplication, copying, distribution, sale and / or or the exploitation of the images, of the contents of the Site unless previously authorized by GIANNI FALCO are forbidden. Any use of the contents of the Site for commercial and / or advertising purposes of the Customers is prohibited.