GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
- Terms and Conditions
The purchase of products on this website (the “Website”), is governed by this terms and conditions of sale (the “Terms and Conditions”) which regulate the sale of products between the consumer and Fabio Toma S.r.l., with registered office in Via della Maglianella, 318 00166 Rome, P.IVA No. 06016171008 (the "Seller").
The Seller encourages you to read the Terms and Conditions, Terms of Use and the Returns and Shipping document carefully before proceeding to submit your product purchase order (the "Order"). By submitting your Order, you agree to the Terms and Conditions and obligate yourself to pay the relevant price stated on the Site. The Order becomes irrevocable from the moment it is sent by the Seller.
- Acceptance of the Order by the Seller and sale of products
The Order is to be deemed accepted by the Seller when the Seller sends the customer the communication confirming the acceptance of the Order (the "Order Confirmation") and not upon confirmation of the receipt of the Order. Therefore, sale becomes effective and binding between the parties when the Seller sends the Order Confirmation, which will usually occur upon shipment of the products.
Until the Order Confirmation is sent by the Seller, the Seller is entitled to refuse an Order at its own discretion. The Seller shall not be held liable if a product which is part of an Order is no longer available upon Order Confirmation
If part of the products included in the Order are unavailable, the Seller will contact the customer to ask the customer whether he/she wishes to: (a) receive a partial Order; (b) receive the complete Order in multiple shipments; or (c) cancel the Order.
If none of the products included in the Order are available, the Seller will not charge the price for the products ordered and will contact the customer to inform him/her that the Order cannot be processed and will cancel the Order.
- Payment methods
Upon acceptance of the Order, Seller shall have the right to charge the purchase price (the "Price") according to the provisions set forth herein.
The customer may pay by credit cards, debit cards or using other payment methods available on the Website (the "Payment Methods").
The Seller reserves the right to deny a transaction and deny the related Order if a fraudulent use of a Payment Method is reported.
The Seller shall not be liable in the event of any fraudulent use of a Payment Method by a third party that is not due to the Seller's error or negligence.
The Price will be charged in most cases upon shipment of the Order.
The Seller will only provide digital invoicing.
The payment gateway used by the Seller to manage the acceptance of payments grants the confidentiality of credit or debit card details by encrypting sensitive information to ensure secure transmissions. The Website adopts Secure Socket Layer (SSL) technology to ensure a higher standard of security for every Order. The Seller does not directly processes any financial information related to the Payment Method used by the customer, nor the Website processes any financial information provided by the customer for the execution of the Order.
The Seller shall not be held liable any error, negligence, or malfunctioning of the gateway or the Payment Method.
- Shipments
Delivery of the Orders is made through couriers. Seller will use its best efforts to deliver the Orders to customers within the term indicated on the Website at the time of the purchase and, in any event, within 30 (thirty) days from the date in which Seller sent the Order Confirmation to the customer.
Under certain circumstances, such as, for example, periods of sales or business closures or holidays, delivery times may vary. The Seller shall not be held liable for delays in the delivery that cannot be attributed to its fault or negligence. Therefore, Seller shall not be responsible for delays due to force majeure, strikes, natural disasters, events related to customs procedures and any other events related to the courier services or any other circumstances beyond the Seller’s control.
The customer agrees to make the process of Order delivery as smooth as possible, including, but not limited to, making himself available for receipt or delegating receipt to a third party.
Upon delivery of the Order, the customer will have to verify the presence of any irregularities in the delivery, checking the accuracy of the number of packages and the integrity of the packaging. In the event of delivery of number of packages different from the Order or the packaging is not in perfect condition, the customer must subscribe with reserve the delivery document and contact the Seller through the email address indicated in art. 10 (Contacts). In the event that customer fails to do so, the customer may not thereafter file a complaint for the delivery, except for hidden defects as provided for under art. 7 below (Non-conformity of the products) according to Legislative Decree of September 6, 2005, no. 206 (the "Italian Consumer Code").
- Purchase price
The Prices published on the Website are inclusive of VAT.
The amount of shipping charges ("Shipping Charges") is set forth in the Returns and Shipping document, accessible through the appropriate link in the footer of the Site.
- Promotional Codes
During promotional campaigns, Seller may issue vouchers and promotional codes to customers. Vouchers and promotional codes are valid for the purchase of products on the Website only.
The vouchers and promotional codes are issued in the form of an alphanumeric codes and their value in euros is established unquestionably and at its sole discretion by the Seller. The voucher and promotional codes shall be inserted by the customer in the designated area when the customer completes the Order. The amount of the voucher and promotional codes will be deducted, automatically before payment, from the overall Price of the Order, except from any Shipping Costs.
Vouchers and promotional codes issued by the Seller are not refundable or cumulative.
- Non-conformity of the products
Notwithstanding the provisions of Article 4(Deliveries) above, the Seller assumes responsibility for non-conformity of the product.
The Seller warrants to the customer that the products sold are not defective and they comply with the description given on the Website and possess the qualities that the Seller has presented to the customer as a sample or model displayed on the Website; are appropriate for the purposes for which goods of the same type are normally used; and possess the usual qualities and features that may reasonably be expected of goods of the same kind.
Marginal differences, relating, for example, to the color of the product on the Website, between the description of the product on the Website and the actual characteristics of the product shall in no case be considered as a cause of non-conformity of the product.
The Seller shall be liable to the customer for any lack of conformity of the products existing at the time of delivery of the goods that becomes apparent within 2 (two) years from that time.
Pursuant to articles 129, 130 and 132 of the Italian Consumer Code, in the event that a nonconforming product is delivered to the customer, the customer shall have the right to request the reintegration, at no additional cost, of the conformity of the products by repair or replacement. Where such remediation is not possible, the customer may obtain a diminution of the Price or reimbursement of the Price and, where paid by the customer, a reimbursement of the Shipping Costs.
The customer shall notify the Seller of the non-conformity of the products no later than 2 (two) months after the date on which the customer becomes aware of the non-conformity. Following the notification by the customer, the Seller will contact the customer to arrange the restitution of the products.
Receipt of the products by the Seller does not imply the approval by Seller of a lack of conformity of the products. Seller will conduct a careful examination of the product to verify the non conformity of the products and notify to the customer the result of such examination.
Any claim for hidden defects must be made within twenty-six months from the delivery of the product. After the expiry of such term customer shall no longer have any right to claim the non conformity of the product.
- Return and replacement of products
The exercise of the right of withdrawal ("Withdrawal") and aspects regarding the terms and conditions for making a return (the"Return") are governed in the Returns and Shipping document, which can be accessed through the appropriate link in the footer of the site.
After multiple Returns and Withdrawals by a customer, the Seller may reserve the right to decide whether or not to accept an Order from the same customer.
- Applicable law and claims.
The Terms and Conditions and the sales regulated hereby are governed by Italian law.
Any disputes relating to the Terms and Conditions will be under the competence of the Court of the place where the customer is domiciled or resident according to the applicable law. This is without prejudice to the possibility of promoting extrajudicial dispute resolution, as provided for in Articles 66 and 141 of the Consumer Code.
- Contacts
The Seller may be contacted at any time for any communication, information or complaint regarding an Order and the Terms and Conditions at the following email address: shop@fabiotoma.com
- Final predictions
No act of waiver by the Seller to exercise its rights under the Terms and Conditions shall imply a waiver with respect to any prior or subsequent breach of any provision of the Terms and Conditions.
If any provision of the Terms and Conditions is held to be invalid, unlawful, or ineffective for any reason, it shall in no way affect the validity and effectiveness of the remaining provisions of the Terms and Conditions.
The Terms and Conditions are protected by copyright. Unauthorized reproduction, in whole or in part, of the Terms and Conditions is prohibited.