These general terms and conditions (the “General Terms and Conditions”) regulate the offer and sale of products through the website vitesy.com (the “Website”).
The products distributed on the Website (the “Products”) are offered and sold by Laboratori Fabrici S.r.l., with registered office in Piazzetta Ado Furlan No. 4, Pordenone (PN), Tax Code and VAT number 01786900934, R.E.A. PN-104531 (the “Company”).
On the Website, the Company offers for sale “Vitesy” trademark products. The Company is the owner of the Website and the owner of the Vitesy trademark.
1. The scope of the General Terms and Conditions
1.1. The offer and sale of Products on the Website are regulated, in addition to these General Terms and Conditions, by Legislative Decree 6 September 2005, No. 206 (the “Consumer Code”) and by the Legislative Decree 9 April 2003, No. 70, containing the regulation of electronic commerce.
1.2. These General Terms and Conditions apply to the agreements concluded between the Customers (as defined below) and the Company concerning the purchase of the Products through the Website and are made available to the user on the home page of the Website by clicking “Terms and Conditions”.
1.3. The Company reserves itself the right to amend these General Terms and Conditions at any moment. Any changes and/or new conditions will apply from the time of their publication on the Website. Users are therefore invited to regularly access the Website and to consult, before any purchase, the most updated version of the General Terms and Conditions, bearing in mind that the applicable General Terms and Conditions are those in force on the date the purchase order is sent.
1.4. The Company is not accountable for the provision of services and/or for the sale of products by parties, other than the Company itself, that are present on the Website through links, banners or other hypertext links. The Company does not carry out any control and/or monitoring on the website that can be consulted through such links and, therefore, is not accountable for the contents on those websites nor for any errors and/or failures and/or violations of law by the same.
1.5. The user will be asked to confirm the acceptance of these General Conditions before placing an order to purchase the Products. Failure to accept these General Conditions will not allow the user to order the Products from the Site. Therefore, the execution of an Order (as defined below) by each Customer will be considered an irrevocable acceptance of these General Conditions by the same.
1.6. The Company reserves the right to modify these General Conditions. It is therefore advisable to carefully read these General Conditions on the Website whenever the customer intends to proceed with the purchase of the Products from the Website.
1.7. These General Terms and Conditions do not affect the validity and effectiveness of the provisions of the law in force to protect the consumer (Consumer Code), including the provisions of Title III, Chapter I, regarding distance contracts concluded with the consumer, where applicable.
1.8. These General Terms and Conditions are both written in Italian and English.
2. Purchases on the Website
2.1. The user makes an order by filling in an order form (the ‘‘Order Form’’) in electronic format, sending it to the Company, electronically, following the instructions that will appear from time to time on the Website (the ‘‘Order’’). Before approving the Order, the Client will be required to check the Order summary and its delivery information and will be able to identify and correct any data entry errors by following the instructions on the Website. The Order constitutes a binding and irrevocable offer for the Customer to purchase the Products detailed therein (the ‘‘Ordered Products’’). The Order Form will be filed in the Company's database for the time necessary to execute it and, in any case, within the terms of the law.
2.2. The Customer can purchase more than one Product with the same order (the ‘‘Multiple Order’’).
2.3. Without prejudice to the provisions contained in the following paragraphs, after having made the payment, the Order can no longer be modified or cancelled by the Customer.
2.4. After having carried out an Order, the Client will receive an e-mail from the Company confirming the receipt of the same. Such automatic order confirmation constitutes only a confirmation of the receipt of the Order and does not imply an acceptance of the same (the ‘‘Summary Email’’), unless such communication contains an express acceptance of the Order and the references contained below in paragraph 2.5. The Company expressly reserves itself the right to evaluate the Orders received from the Client and to confirm or not the Order received. The languages available to the Customers for the conclusion of the Contract are both Italian and English.
2.5. If the ordered Product is available and the Company decides to accept the Order received from the Client, the Company will send a written confirmation of its acceptance to the e-mail address indicated in the Order Form (the ‘‘Order Acceptance’’). The Order Acceptance shall indicate to the Customer the identification number assigned by the Company to the Order, the Product(s) purchased, the total amount paid by the Customer, the payment instrument used, the delivery address and the estimated delivery time, as well as the General Conditions in force at the time the Order is placed.
2.6. In case the Company decides not to accept an Order, such decision will be communicated to the e-mail address indicated in the Order Form. The Company will refund all amounts already paid to it by the Client in relation to the Order that has not been accepted. As an example, the Company reserves itself the right not to accept the Order in case of:
i) temporary unavailability of the ordered Product, without prejudice to the provisions related to the Back Order Products (as defined below);
ii) of irregularities, lack of liquidity or other impediment to the debiting of the sum by the Company reported by the bank, by the companies issuing the payment instruments or by another operator to which the Client relies to make the payment;
iii) orders that are anomalous in relation to the quantity of Products purchased or the frequency of purchases made;
iv) orders coming from a user with whom the Company has a legal dispute;
v) orders that come from a user who has previously violated the conditions and/or terms of the purchase contract with the Company;
vi) orders coming from a user who has been involved in fraud of any kind and, in particular, credit card fraud;
vii) orders that come from a user who has issued false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the information and/or documents requested by the Company as part of the procedure described in paragraph 7.6 below or who has sent it invalid documents.
2.7. The purchase of Products on the Website is allowed only:
i) to people who are at least 18 (eighteen) years of age at the time of placing an Order and are consumers as defined by the Consumer Code, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to the business, commercial, professional or artisan activity (hereinafter the ‘‘Consumer Customer’’ or the ‘‘Customer’’ and, collectively, the ‘‘Customers’’);
ii) to people who are professionals, meaning natural or legal persons acting in the exercise of their business, commercial, artisan or professional activity, or through intermediaries; in the event of an Order placed by such types of customers, the provisions of these General Conditions shall not apply.
3. Products availability and purchase of Back-Order Products
3.1. The availability of the Products refers to the actual availability at the time the Client sends its Order to the Company and is continuously monitored and updated.
3.2. However, such availability should be considered as purely indicative as:
i) the Website may be visited by several users at the same time and it may happen that several users purchase the same Product at the same time;
ii) the Products may be sold to other Customers before receiving the Order Acceptance;
iii) a computer anomaly may occur such as to make available for purchase a Product that is not.
3.3. If the Product is found to be unavailable for the reasons indicated in paragraph above, or in other cases of Product’s unavailability, without prejudice to the other rights attributed to the Customer by law, the Company shall notify it to the Client in writing using the e-mail address entered by the latter on the Website. In case of partial/total unavailability of the Product(s) ordered, the Company cannot be held liable for any damage or prejudice suffered by the Client due to the immediate unavailability of the Product(s).
3.4. In case that the Products are not available for the reasons indicated in the previous paragraphs and the delivery does not take place within the terms agreed in the Contract or, in the absence of such agreement, within the legal terms, the Customer is entitled to immediately terminate the Contract, pursuant to and for the effects of the provisions of art. 61, paragraph V, of the Consumer Code. On the other hand, if a reassortment of the Product is possible, the Customer may accept an extension of the delivery terms, with indication by the Company of the new delivery term for the Product. In the event the Customer avails itself of the right of termination pursuant to Article 61, paragraph V, of the Consumer Code, and the payment of the Total Amount Due (as defined below) has already taken place, the Company shall refund the Total Amount Due, possibly already paid without undue delay and, in any case, within 15 calendar days from the exercise of the right of termination by the Customer. The refund amount will be communicated to the Customer by e-mail and credited to the same means of payment used by the Customer for the purchase. In case of payment by bank transfer the refund will be made by bank transfer. The Company will ask the Customer for the bank details necessary to make the refund. Any delays in crediting may depend on the bank, credit card type or payment solution used. In any case, the value date of the re-credited amount will be the same as the debit.
3.5. The previous paragraphs will be applied also in the case of Multiple Order if all the Products object of the Multiple Order are not available, or only some of them. In this last case they will be applied only in relation to the Products not available.
3.6.Without prejudice to what is provided for in the other articles of these General Conditions in relation to unavailable Products, the Company reserves itself the right to offer the Customer the possibility to purchase Products which, even if not available at the date of their inclusion in the catalogue (for example, because they are being replenished), can still be selected by the Customer for the relative purchase (the ‘‘Back-Order Products’’).
3.7. Such Back-Order Products will be expressly identified by the word "Back Order" or "Pre-sale" and the estimated date from which such products will become available again, will also be indicated. Unless Force Majeure Events and/or different indications in the card of the Product in Back Order inside the Site occur, the Products will be delivered within 7/10 working days from the date in which they will become available again.
3.8. The Customer acknowledges and accepts that in case it decides to order a Back-Order Product:
i) the relevant purchase price will also be charged at the time the Order is sent, despite the temporary unavailability of such Product, for the purposes of shipment;
ii) in express derogation from the provisions of the law, the delivery date may be more than 30 days from the date of conclusion of the Contract.
4. Information regarding the Products
4.1. The Products offered on the Website are sold by Laboratori Fabrici S.r.l., under the brand name "Vitesy". Each Product is delivered to the Customer with the original packaging, containing the user manual and any accessory documentation.
4.2. The Products and their essential characteristics are described on the Website, so that each Customer can be informed before placing an Order. Each Product is accompanied by an information sheet illustrating its main characteristics (the ‘‘Product Sheet’’).
4.3. The images and descriptions on the Website reproduce as faithfully as possible the characteristics of the Products. The colours of the Products, however, may differ from the real colours due to the settings of the computer systems or computers used by the users to display them. The Product images in the Product Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with tolerances for use.
4.4. The Company reserves itself the right to modify the technical characteristics of the Products without notice, in compliance with the laws in force. For the purposes of the Contract, the description of the Product contained in the Order Form sent by the Customer will be considered valid.
5.1. For customers habitually resident or domiciled in a member state of the European Union or of the European economic area: all Products prices published on the Website are expressed in Euro and include the Value Added Tax - VAT and any other tax, duty or levy provided by the law, including, where applicable, the WEEE eco-contribution (the ‘‘Price’’).
5.2. For customers habitually resident or domiciled in any other country: all Products prices published on the Website are expressed in US$ and include any tax (including Value Added Tax-VAT if applicable), duty or levy provided by the law, including, where applicable, the WEEE eco-contribution (the ‘‘Price’’).
5.3. If not specifically indicated, the prices of the Products do not include the Shipping Charges, which are indicated separately on the Site and in the Order Acceptance.
5.4. The Company reserves itself the right to change the Price of the Products, at any time, without prior notice, being understood that the price charged to the Customer will be the price indicated on the Website at the time the Order is placed and that any account will be involved in changes (upwards or downwards) after the Order has been placed.
5.5. In case a Product is offered on the Website at a discounted Price, the full reference price will be indicated in the Product Sheet.
5.6. The Customer is required to pay the total amount - consisting of the Product Price indicated on the Website on the Product page, the delivery costs, if applied, and any other additional cost, as resulting from the Order (the ‘‘Total Amount Due’’), at the time the Order is placed and in the way indicated on the Website.
6. Purchase orders
6.1 The Products shall remain under the property of the Company until the receipt by the Customer of the Order Acceptance or, if later, until the user’s payment of the Total Amount Due.
6.2 In the event that the Contract has been concluded and the successful payment of the Total Amount Due is not confirmed, Vitesy shall be entitled to terminate the Contract by right, pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Customer will be notified by e-mail of the termination of the Contract and the consequent cancellation of the Order.
6.3. The Company will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due from the Customer. The risk of loss or damage of the Products for reasons not attributable to the Company, instead, will be transferred to the Customer, when the latter, or a third party designated by him and different from the courier, materially comes into possession of the Products. When the courier has been chosen by the Customer, the risk will be transferred to the Customer at the time of delivery of the goods to the courier.
7. Methods of payment
7.1. The payment of the Products purchased on the Website can be made:
i) by credit card;
ii) by prepaid card;
iii) by bank transfer;
iv) by other payment solutions managed by Shopify Payments (ShopPay, ApplePay, GooglePay, iDeal, , Bancontact), PayPal, AmazonPay (the ‘‘Quick Check-out’’).
7.2. If one or more of the payment methods listed in paragraph 7.1 cannot be used, even in relation to a specific Product, this will be clearly indicated on the Website at the beginning of the purchase procedure or, at the latest, before the user completes the purchase and sends the Order. In any case, the payment method(s) not available cannot be selected by the user during the purchase process.
7.3. In case of payment by bank transfer, when the Company has sent the Order Acceptance and therefore the Contract has been concluded, the delivery time of the Product will start from the date of the receipt of the transfer by the Company. In order to make easier the connection between the payment received by bank transfer and the Order, the user is asked to point out the reason for the bank transfer: the Order number; the date of transmission of the Order; the name and surname of the holder of the Order, if different from those of the holder of the current account from which the transfer originates. The Client is advised to promptly send the Company the receipt of the bank transfer by e-mail. If, in this case, the Company decides to avail itself of the right to terminate the Contract, in accordance with paragraph 6.2, the refund will be made by bank transfer and the Company will ask the Client for the bank details necessary to make the same.
7.4. In case of payment by PayPal, the user will be redirected to the site www.paypal.com in order to pay the Products according to the procedure provided for and regulated by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Company. The Company is therefore not in a position to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected to such account. If this payment method is used, or the Contract is terminated and in any other case of refund, for whatever reason, the amount of the refund due to you will be credited to your PayPal account. The time of crediting the payment instrument connected to such account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favour of that account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount to the user, and the user must contact PayPal directly.
7.5. In case of payment by means of Quick Check-out, the user will be redirected to the website relating to the payment method chosen, in order to pay the Products according to the procedure provided for and the terms and conditions of the Contract agreed upon. The data entered on the respective website will be processed directly by the same and will not be transmitted or shared with the Company. The Company is therefore not able to know and does not store in any way the details of the credit card linked to your account or account or the details of any other payment instrument linked to such account. If the user chooses this payment method, the Total Amount Due will be debited from the account selected by the user. If not differently provided for and/or agreed with the User, in case of termination of the Agreement and in any other case of refund, for whatever reason, the amount of the refund due to the User will be credited to the User's payment account. The crediting time depends exclusively on the company providing the service and/or the banking system. Once the credit order has been placed, therefore, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, and the user must contact the service provider directly.
7.6. In order to guarantee the security of the payments made on the Website and to prevent possible frauds, the Company reserves itself the right to ask the Customer by e-mail, to send, by the same means, a double-sided copy of his valid ID card and, if the holder of the Order is different from the holder of the credit card or PayPal account, of the latter's ID card; it is also possible that the Company may request, alternatively or in addition to the above, the authorization code relating to the transaction referred to in the Order issued by the Customer. The request e-mail will specify the deadline by which the document must be received by the Company. This deadline will not, in any case, exceed 5 working days from the receipt of the request by the Client. While waiting for the information and/or document requested, the Order will be suspended. The Client is obliged to send the requested information and/or documents within the indicated deadline. In the event that the Company does not receive such information and/or documents within the period specified in the request e-mail or receives incorrect or incomplete information and/or expired or invalid documents, the Company shall be entitled to terminate the Contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code and, consequently, to cancel the Order, without prejudice to the Company's right to compensation for any damages it may incur due to the Client's non-compliant conduct. The termination of the Contract, of which the Client will be notified by e-mail, will result in the refund of the Total Amount Due, if any, already paid by the Client, with application of the refund modalities provided for in article 3, as far as compatible. In case the Company receives the information and/or documentation valid within the indicated term, the delivery terms applicable to the Product will start from the date of receipt of the same.
7.7. In any case, the commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user, to the address that the same has registered.
8. Delivery of products
8.1. The Product ordered will be delivered by specialized couriers to the delivery address indicated in the Order Form, at any location among those present on the Website as possible destinations, within the delivery time estimated in the Order Acceptance. Without prejudice to the Consumer Customer's rights recognized by the Consumer Code, the delivery dates provided are indicative and not binding.
8.2. The shipping costs of the Products, which may vary in relation to the shipping method chosen by the Customer, are covered by the latter, except where expressly contrarily indicated. Their amount, will be expressly and separately indicated in the Order’s summary and, in any case, before the user proceeds with the transmission of the same, and it will be summarized in the subsequent Order Acceptance (the ‘‘Shipping Costs’’).
8.3. For customers resident or domiciled in a member state of the European Union or of the European economic area: the shipping costs are expressed in € and inclusive of Value Added Tax-VAT.
8.4. For customers habitually resident or domiciled in any other country: the shipping costs are expressed in US$.
8.5. If it is necessary to proceed with the refund of the Shipping Costs with reference to the case of withdrawal referred to in Article 9 below, the Company will proceed with the refund of the cost of such costs only if the Customer intends to withdraw from the Order or the entire Multiple Order (i.e. the withdrawal concerns all the Products), in which case the Shipping Costs will be refunded in full. Otherwise, the refund will not take place because the Shipping Charges incurred by the Customer (which the Company always calculates in a fixed amount, regardless of the number of Products Ordered) are attributable to the delivery of the other Products, other than those for which the Customer has exercised the withdrawal, forming part of the Multiple Order.
8.6. Delivery terms are those estimated in the Order Acceptance and begin from the receipt of the Order Acceptance, subject to the provisions of paragraph 7.3 above. In case of omission of the delivery term, it shall be within an estimated term of 30 (thirty) days from the date of conclusion of the Contract or from the date of receipt of the Total Amount Due, whichever is the later. Delivery terms are calculated considering only working days and therefore excluding Saturdays, Sundays and public holidays.
8.7. At the time of shipment, i.e. delivery of the Products to the courier, an e-mail will be sent to the Customer (either by Vitesy or directly by the carrier) confirming the shipment, and containing a link that will allow the progress of the shipment to be tracked. If the selected courier offers such an option, the Customer will have the possibility to customize the delivery date, time and address, without additional charges. In this case, the Customer may proceed with the selection directly from the page dedicated to tracking the shipment or by following the instructions in the communication received from the courier itself.
8.8. Deliveries will be made by couriers selected by the Company and indicated, from time to time, in the Order Acceptance; they will be made, in any case, from Monday to Friday during normal office hours, excluding national holidays. The Company reserves itself the right to use other couriers and/or to use different delivery methods. In this case the variation will be indicated in the Order Acceptance or in another communication.
8.9. The delivery obligation is fulfilled by transferring the material availability or control of the Products to the Customer or to any third party designated by the latter in this regard, other than the courier.
8.10. It is up to the Customer to check the conditions of the Products delivered. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to the Company, is transferred to the Customer when the Customer, or a third party designated by the same and different from the courier, physically comes into possession of the Products. The Customer is advised to check the integrity of the packaging and the number of Products received and is invited, where possible, to indicate any anomalies on the courier's transport document. If the packaging shows obvious signs of tampering or alteration, the Customer is advised to promptly notify it to the Company. The application to Customers, of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.
8.11. The Customer acknowledges that the withdrawal of the delivered Product is a precise obligation of the Customer deriving from the Contract. In case of non-delivery due to the absence of the addressee at the address specified in the Order Form, the courier will leave a notice of passage in the mailbox containing the number to contact. The courier will then make a second delivery attempt. After two failed delivery attempts, the package will be "in stock". In the event that, at the end of the storage, the Product should be returned to the Company, any return costs and any other expenses incurred by the Company due to non-delivery, due to the absence of the recipient, will be borne by the Customer. In the event that the Customer requests to receive the undelivered Product again, the Company will proceed with the new delivery after charging, in addition to the Shipping Charges, the costs of returning the Product to the Company and the costs of storage.
8.12. In the event that the purchased Product is not delivered within the delivery terms indicated in the Order Acceptance or in these General Conditions, without prejudice to the possibility for the Consumer Customer to avail himself of the remedies provided for by law at any time, the Company undertakes to promptly inform the Consumer Customer, by e-mail, of the delay in delivery (the ‘‘Delay Notice E-mail’’), indicating at the same time the new estimated delivery term, if available (the ‘‘New Delivery Term’’).
8.13. The Customer shall promptly communicate to the Company, by sending an e-mail to the address indicated in the following article 11, the acceptance of the New Delivery Deadline.
9. Right of withdrawl
9.1. The Customer has the right to withdraw from the Product Purchase Agreement, without having to provide any reason within the fourteen calendar days (the ‘‘Withdrawal Period’’).
9.2. The Withdrawal Period expires after 14 days:
i) in the case of an order related to only one Product, from the day on which the Customer or a third party, other than the courier and designated by the Customer itself, acquires physical possession of the Products;
ii) in the case of a Multiple Order with separate deliveries, from the day on which the Customer or a third party, other than the courier and designated by the Customer, acquires physical possession of the last Product.
9.3. To exercise the right of withdrawal, the Customer must inform the Company, before the expiry of the Withdrawal Period, of his decision to withdraw. In order to exercise its right of withdrawal, the Consumer Customer shall have the burden of proof of:
i) transmit to the Company, within the expiry of the Withdrawal Period, by means of certified letter or pec addressed to: Fabrici S.r.l., Piazzetta Ado Furlan n.4, 33170 Pordenone; Pec:(the ‘‘Notice of Withdrawal’’):
A) the standard withdrawal communication form attached here (the ‘‘Withdrawal Form’’); or
B) any other explicit declaration of your decision to withdraw from the contract, indicating the order number, the Product(s) for which you intend to exercise your right of withdrawal (indicating the serial number on the Products themselves) and your address.
ii) verify that the Product has been kept with normal diligence and is intact, in normal state of preservation, perfectly suitable for the use for which it is intended and free of signs of wear or dirt, complete in all its parts, inside its original packaging and accompanied by all accessories, user manuals and illustrative sheets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with;
iii) return the Product(s) to the Company (with the original packaging, the user manual, the transport document and any additional documentation), without delay and in any case within and no later than 14 calendar days from the date on which the Customer sent the Notice of Withdrawal (the deadline is respected if the Consumer returns the goods before the expiry of the fourteen-day period, taking care to keep the relative delivery receipt issued by the Shipping Office for evidence purposes) (the ‘‘Returning Deadline’’).
9.4. The Product is considered returned when it is delivered, within the Return Deadline, to the courier chosen by the Customer. For the return, the Customer must follow the procedure indicated in the following paragraphs.
9.5. Within the Returning Deadline, the Customer shall return the Product to the chosen courier, suitably protected and packaged and under its own responsibility, using a courier of its choice and at its own expense, including any customs charges, to the address indicated in article 11 below.
9.6. Once those formalities have been successfully completed, the Company shall refund to Customer the Total Amount Due already paid within 14 (fourteen) days from the day on which it received the Notice of Withdrawal from the Customer (the ‘‘Refund’’). The amount shall be refunded by the same means of payment used by the Customer to pay for the Order, unless expressly requested by Customer and on condition that the Company does not incur any costs as a result of the refund; the Company shall not be obliged to refund the additional costs, if the Consumer Customer has expressly chosen a different type of delivery from the less costly type of delivery offered by the Company.
9.7. The Company reserves itself the right to withhold the Refund until having received and verified the Product/s returned.
9.8. The Customer is solely responsible for the reduction in value of the goods resulting from handling the Product. The Product shall in any case be kept, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories and illustrative sheets, with identification tags and labels, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. The withdrawal, moreover, is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
9.9. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, or with the procedures described in this article and, in particular, in the event that the Product(s) is/are not intact in all its parts and/or accompanied by its accessories and/or by elements that constitute an integral part of it and/or is without the original packaging, when it is part of the Product(s) or when it is damaged or used by the Customer beyond the limit of normal diligence, it shall not result in the termination of the Contract and, consequently, shall not entitle the Customer to a refund. The Company shall notify the Customer within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by the Company, shall remain at the Company’s premises, or at a deposit identified by the Company, at the Customer’s disposal for withdrawal, which shall be carried out within a maximum term of 3 months from the Company’s communication under the Customer’s expense and responsibility.
9.10. It is understood that if the Customer does not collect the Product within the aforesaid term of 3 months, it must be considered that the same Customer has waived the return of the Product and the possibility of making any contestation or claim in relation to the conformity assessment of the Product expressed by the Company, in which case the Company is entitled to use the Product for any other purpose.
10. Applicable guarantees for the Consumer
10.1. All Products sold on the Website are covered by the legal guarantee of conformity provided by art. 128-135 of the Consumer Code (the ‘‘Customer Legal Guarantee’’).
10.2. The Customer Legal Guarantee is reserved for Consumers. Therefore, it applies only to Customers who have made the purchase on the Website for purposes outside the business, commercial, craft or professional activity.
10.3. The Company (with regard to purchases made on the Website) is liable to the Customer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the Company, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
10.4. Unless proven differently, it is presumed that conformity defects which become apparent within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the conformity defect. Starting from the seventh month following delivery of the Product, it shall instead be the Customer's responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.
10.5. In order to benefit from the Customer Legal Warranty, the Customer must provide proof of the date of purchase and delivery of the Product. Therefore, it is advisable for the Customer, for the purposes of this proof, to keep the purchase invoice, which the Company sends to him/her, as well as the Delivery Document(s) or any other document that may certify the date of purchase (e.g. credit card statement or bank statement) and the date of delivery.
10.6. In order to benefit from the Customer Legal Warranty, there is a lack of conformity when the Product purchased:
i) is not suitable for the use for which goods of the same type are usually used;
ii) does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
iii) does not have the qualities and performance normally associated with goods of the same type which the consumer can reasonably expect, considering also the statements made in advertising or labelling.
10.7. Therefore, the Customer Legal Warranty shall exclude from the scope of application any faults or malfunctions caused by accidental events or by the responsibility of the Customer or by a use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product.
10.8. In case of lack of conformity reported in the terms, the Customer has the right:
i) primarily, to repair or replace the Product free of charge, at its choice, unless the remedy requested is objectively impossible or excessively expensive compared to the other;
ii) on a secondary basis (i.e. in the event that the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the Customer) to the reduction of the price or to the termination of the Contract, at its choice.
10.9. The remedy sought shall be excessively burdensome if it imposes unreasonable costs on the Company in comparison with alternative remedies which may be sought, considering:
i) of the value that the Product would have if there were no lack of conformity;
ii) the extent of the lack of conformity;
iii) the possibility that the alternative remedy can be performed without significant inconvenience to the Customer.
10.10. In the event that a Product purchased on the Website, during the period of validity of the Customer Legal Warranty, reveals what could be a conformity defect pursuant to paragraph 10.6 above, the Customer may contact the Company, at the addresses indicated in Article 10 below. The Company shall promptly reply to the notification, indicating to the Customer what subsequent steps he shall have to take.
10.11. The Product with respect to which the Consumer Customer complains a lack of conformity shall be sent to the Company, which shall verify the existence or otherwise of the alleged defect, at the address indicated in Article 10 below.
10.12. In order to return the Product with respect to which the Customer complains a lack of conformity, the Company shall make available to the Customer, at the latter's discretion and without prejudice to the right to follow the prepaid return procedure by courier chosen by the Consumer Customer, the prepaid return procedure by the courier identified by the Company.
10.13. The Company reserves itself the right to ask the Customer to attach to its request the Purchase Invoice and/or Delivery Documents or other document that prove the date of the purchase and the delivery date.
10.14. The Customer acknowledges that the Product is partially composed of electrical devices. Therefore, the Company cannot be held liable if the defect is in any way related to one of the following cases:
i) normal wear and tear;
ii) improper installation;
iii) negligence or lack of necessary repair or assistance;
iv) prolonged downtime;
v) improper use of the Product. It is implicit that the improper use of the Product includes any action/tampering or behaviour undertaken by the Customer and/or any third party in contrast with the Product's user manual, with the Product's technical documents, with the recommendations and communications of the Company, with the description of the Product contained in the Site, with common sense (such as, for example, but not limited to: immerse and or directly/indirectly expose the vessel in/to any fluid even when the Product is switched off, let the Product be switched on during storms or other electromagnetic phenomena, etc.).
vi) modifications, repairs or attempts to reverse engineer the Product undertaken by the Customer or third parties without the written consent of the Company;
vii) impact, intentional/unintentional collision with any other object;
viii) intentional or unintentional exposure to acts of vandalism, war or acts of terrorism;
ix) intentional or unintentional exposure to extreme environmental conditions (heat, cold, humidity, dryness) or natural disasters (hurricanes, tornadoes, excessive winds, etc.).
10.15. The Customer acknowledges that the Company, except in cases of wilful misconduct or gross negligence, cannot be held liable for death, injury and/or damage of any nature whatsoever caused, in the circumstances mentioned above, to the Client, his family members or any other third party coming into contact with the Product. Therefore, the Customer waives any right to any compensation of any kind relating to the above-mentioned damages.
10.16. The Customer acknowledges and takes note that the Company does not provide any guarantee regarding the full and permanent compatibility between the Products and the operating systems of smartphones or the most advanced connectivity standards, such that the Company cannot be held liable in any way towards the Customer for the failure and/or incorrect operation of the Product for the aforementioned reasons, except in cases of fraud and gross negligence.
10.17. Taking into account the characteristics of the Product, as described in the Product Sheet, the Customer acknowledges and recognizes that the Company does not provide any guarantee regarding the correct functioning of any other device and/or home automation system that the Customer wants to connect to the Product and/or wants to regulate/manage on the basis of the measurements gathered and shared by the same, therefore the Company cannot be held responsible for the malfunctioning of the aforementioned device and/or system, except in cases of fraud and gross negligence.
10.18. The Customer acknowledges that any expenses that may be necessary in the cases referred to in the previous paragraphs 10.16 and 10.17 (by way of example but not limited to: modifications to the Products, maintenance or new installations), cannot be charged to the Company in any way.
11 Communications, assistance and complaints
11.1 Unless differently provided, all communications between the Client and the Company - including those relating to requests for assistance and complaints - shall exclusively occur between the Client and the Company:
i) by filling in and sending the contact request form, available in the "Contact Us" section of the Website;
ii) by sending an e-mail to the following e-mail address: email@example.com;
iii) by sending a registered letter to: Laboratori Fabrici S.r.l, Piazzetta Ado Furlan n.4, 33170 Pordenone (PN), Italy.
12 Force majeure events
12.1 The Company shall not be liable for failure to perform or delay in performing its obligations hereunder, if such failure is due, even in part, to circumstances beyond the reasonable and foreseeable control of the Company itself (hereinafter ‘‘Force Majeure Events’’).
12.2 Force Majeure Events include, but are not limited to, the following circumstances:
i) strikes, lockouts and other industrial disputes;
ii) civil mobilizations and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not) or threats or preparation of conflicts;
iii) fires, explosions, storms, floods, earthquakes or other natural disasters;
iv) pandemics or epidemics;
v) inability to use public or private means of telecommunications.
13 Personal data treatment
14 Applicable law, place of jurisdiction and out-of-court settlement of disputes
14.1 These General Conditions and, therefore, the Contracts entered with Clients are governed by and must be interpreted in accordance with Italian law.
14.2 Clients who do not have their habitual residence in Italy are subject to the application of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the term for the exercise of the right of withdrawal, the term for the return of the Products, in the event of the exercise of such right, the procedures and formalities for its communication and the legal guarantee of conformity.
14.3 Any dispute that may arise between the Company and the Customer regarding the purchase of the Products will be devolved to the exclusive jurisdiction of the court of the place of residence or domicile of the Consumer Customer.
14.4 In accordance with Article 141-sexies, paragraph 3 of the Consumer Code, the Company informs the Customer that, in the event that he has submitted a complaint directly to the Company, following which it has not however been possible to resolve the dispute thus arising, the Company will provide information about it to the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions (cc. dd. ADR entities, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these entities to resolve the dispute.
14.5 For customers habitually resident or domiciled in a Member State of the European Union, other than Italy, or of the European economic area: The Company also informs the Customer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at http://ec.europa.eu/consumers/odr/. Through the ODR platform, the Customer will be able to consult the list of ADR entities, find links to the website of each of them and initiate an online dispute resolution procedure in which he or she is involved. In any case, the Customer shall have the right to appeal to the competent ordinary judge of the dispute deriving from these General Conditions, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis of the Consumer Code.
14.6 For customers habitually resident or domiciled in a member state of the European Union, other than Italy, or of the European economic area: For any cross-border dispute concerning the application, enforcement and interpretation of these General Conditions, the Customer may introduce the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court or tribunal, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00 on the date on which the competent court or tribunal receives the application form. The text of the Regulation can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.
Last update date: December 1st 2022