Terms and Conditions of Sale
SALES CONDITIONS, INFORMATION AND GENERAL PROVISIONS
The website www.faribon.it is owned by Omas Srl, with registered office and operational headquarters in San Giorgio Delle Pertiche, in via Fornace II strada No. 1, VAT number 00293630281. The Website was designed to provide Users a wider selection of products made available by the owner of the Website. Only people of legal age may make purchases through the Website. Sales made through the Website are governed by Italian Legislative Decree 185 of 22 May 1999 (remote contracts), by Italian Legislative Decree 70 of 9 April 2003 (Implementation of the European Directive 2000/31/EC on certain legal aspects of IT services, in particular electronic commerce, on the domestic market) and, to the extent not provided for therein, by Italian Legislative Decree 114 of 31 March 1998, as well as - only for transactions and purchases in which the Customer is a "consumer" as defined by the legislation - by Legislative Decree 206 of 6 September 2005 (Consumer Code). By using the Website, registered Users may purchase via a standardised electronic procedure governed by these General Sales Conditions in accordance with the law. By making a purchase via the Website, the User acknowledges having read and understood these General Sales Conditions and accepts them, as a "professional" or "consumer". Please note that if you do not accept these general sales conditions, you cannot make any purchase through this Website. The General Sales Conditions will always be available on the Home Page of the Website and will be freely available for consultation by any User, irrespective of Registration and Login as a registered User.
Complete identification of the Seller
Via Fornace seconda strada 1
Registered in the Padua Companies Register,
VAT Number and Tax Code IT00293630281
Telephone number +39 049 9330 297
E-mail address: firstname.lastname@example.org
2. Website Architecture
The Public Area of the Website can be freely browsed by any user: all the products that Omas Srl makes available for purchase through the Website, as well as other content made available to users, are presented and searchable there. No registration is required to browse the Public Area of the Website. Browsing the Website does not entail any additional costs over and above the rate charged by your telephone operator for connecting to the Internet. The User must log in to the Website in order to purchase the product of his or her choice from among the many presented on the Website. The User Name -ID- and the personal password -Password- for authentication to the Website and access to the Personal Area are generated at the end of the User's Registration.
3. Term, Legal Effectiveness and Amendments to the Sales Conditions
The contractual terms and conditions set out below form an integral part of the "on-line sales contract" of products that the Seller undertakes to conclude as part of a remote sales system organised by the Seller through this Website; these terms and conditions may not be modified unless further expressly agreed in writing with the Customer.
These sales conditions shall remain in force until they are revised. Any amendment to these Conditions will be published in the appropriate section and will take effect immediately upon publication. The transaction carried out through the Website will be governed by the Sales Conditions in force at the time the order is placed by the Customer. By placing an order, the Customer acknowledges and declares to all intents and purposes that he/she has read, understood and accepted the general sales conditions in force. This acceptance must necessarily be manifested through the completion of the purchase procedure by ticking the appropriate boxes for explicit approval (to be entered as an additional item in addition to acceptance of the simple sales conditions).
4. Product Data sheet
Each product offered for sale on the Website is accompanied by a descriptive sheet that the Seller, Omas Srl, fills in with all the data needed to identify and describe the product and its main characteristics.. Please note that the picture represents the item on sale but, for obvious technical reasons related to the use of digital instruments and monitors with different resolutions, it may present subjectively different colours and sizes: therefore. Therefore, the picture is to be considered indicative and not descriptive and for the specific characteristics you are invited to refer to the further information contained in the product sheet.
The prices are indicated on the Website in Euro (Eur - €). The price indicated on the product data sheet includes the applicable VAT and any other taxes.
Any additional charges, if any, are not included in the purchase price, but are shown and calculated separately. By completing the purchase order, and in any case before the purchase procedure is completed, the Customer will have the opportunity to view and verify these costs and charges.
6. How to purchase through the Website
Only registered and logged-in Users are allowed to purchase through the Website. Users who have not yet registered on the Portal can use the registration form. The User can login when he/she starts browsing the Website or alternatively, the login page will open when the User, after adding the products of his/her interest to the "Shopping Cart", uses the "Proceed to Checkout" command to complete the product purchase and payment procedure. After pressing the "Proceed to Checkout" button and logging in, you will be shown a summary of the order you wish to place so that you can confirm your details.
The summary includes:
The summary includes:
- The data identifying the product that the customer intends to purchase, including quantity and price;
- The Customer’s data resulting from his/her user profile;
- The payment methods (for more information on the payment process see Article 7 below).
The Customer must check that all the information provided is correct and, in particular, that the data provided at the time of registration is complete and still current at the time of ordering: any errors or missing information may make it impossible to complete the transaction and receive the desired product. If, after checking the summary data, the Customer finds any errors, he/she can correct them by entering his/her user profile page by clicking on his/her identification name at the top of the page. Once the data in the Summary has been verified as correct and the sales conditions have been acknowledged, the Customer may proceed to the next stage by clicking on the "Confirm and pay" button.
Failure to tick acceptance of the Sales Conditions will prevent the procedure from continuing.
The purchase confirmation also refers to these General Sales Conditions and summarises the data for exercising the right of withdrawal of Consumers, with more detailed information in Article 9.
Once the purchase confirmation has been completed and received, OMAS Srl will, without delay, send a printable e-mail containing the customer and order details, the price of the product purchased, the shipping costs and any additional charges, the address where the product will be delivered, the estimated delivery time and the existence of the right of withdrawal. The Customer undertakes to print and keep the purchase order.
Pursuant to Article 12 of Italian Legislative Decree 70/2003, the Seller informs the Customer that each order sent is stored in digital form on the server of the operator hosting the website and in paper or digital form by the Seller by applying criteria of confidentiality and security.
In fact, each purchase will be archived and the log of orders can be viewed by the Customer in his/her Personal area.
Since the conclusion of the purchase procedure implies the Customer's assumption of an obligation to pay the price of the products chosen, it should be noted that sending the order means the conclusion of the contract with the Seller and the obligation to pay the price follows.
Every effort will be made to keep the Product Inventory constantly updated and the product sheets complete and accurate: if, nevertheless, it is not possible to process the order forwarded by the Customer, the amount paid will be immediately refunded and notification will be sent by e-mail.
7. Order payment
To make it easier to pay for the order, Omas Srl offers three payment methods: PayPal, advance bank transfer or credit card. Delivery times shall be calculated from the date on which payment is received, whichever method is chosen. Only after the order has been received will Omas Srl proceed to prepare and ship the order.
The customer can choose the preferred payment method by clicking on the corresponding box on the Order Summary page.
- Bank Transfer: the Customer will receive a confirmation e-mail containing a summary of the information of the same and indications in order to make the bank transfer.
- PayPal: the customer will be automatically redirected to the secure payment page of www.paypal.com to make the payment though his or her PayPal account.
- Credit Card: the customer will be automatically redirected to a secure payment page for payment with Credit Card where he or she can make the payment.
In case you choose bank transfer, Omas will wait for the payment within 4 days after placing the order. If the credit is not received within the aforementioned time limits, the order shall be deemed cancelled.
In any case, the Seller shall not be liable for any fraudulent or illegal use that may be made by third parties (e.g. credit cards) when paying for the purchased products, if the Seller can prove that it has taken all possible precautions based on the best knowledge and experience at the time and on ordinary diligence.
8. Shipping and Transport - Defects and non-conformities
At www.faribon.it shipping costs are included in the price of the Faribon 600 and Faribon 600P purchased through the Website. Shipping costs for spare parts are free for orders over 150€. If the order does not reach this amount, the shipping costs are €15 for Italy and €35 for the EU.
The Supplier shall ensure the processing and execution of orders via the telematic system used. To this end, it indicates the products available and those not available in its electronic catalogue in real time.
If an order exceeds the quantity in stock, the Seller will inform the Customer by e-mail whether the product can no longer be reserved or what the waiting time is for receiving the chosen product, and whether or not the Customer wishes to confirm the order.
Shipping will be made by Courier with delivery traceable by the customer. Shipping costs are not the same for shipping to Italy or to a foreign country indicated by the Customer: shipping costs are visible as a separate item in the order summary.
Upon receipt of the package, the Customer shall verify and accept the following conditions:
1) check that the package is complete with all the packages declared in the transport document;
2) check that the parcel is not damaged, altered or not perfectly intact: in this case, you must receive the goods "subject to reservations" and state in the delivery note the objections to be made. The carrier may not be held liable for any claims in respect of carriage if the delivery is accepted without reservation;
3) If the parcel being delivered is visibly tampered with or damaged, do not accept the delivery and return the parcel to the sender, notifying Omas Srl immediately: this will allow us to investigate the matter with the courier;
4) if the parcel is collected and accepted without reservation, if you find damaged products inside the collected parcel, notify Omas Srl within 48 hours. With regard to sales to non-consumers, claims relating to damaged products after this time limit (the time of collection traceable on the website of the Express Courier used shall be taken as proof) will not be accepted. Claims for damaged products should be communicated by e-mail to email@example.com, attaching detailed photos of the damaged products.
9. Right of withdrawal
In the case of a Consumer, the latter shall have the right to withdraw from the contract, without stating reasons, within 14 (fourteen) days. More precisely, the withdrawal period expires after 14 (fourteen) days from the date on which the Customer acquires physical possession of the products purchased online.
To make use of his/her right of withdrawal, the Customer shall inform the Seller of his/her decision to withdraw from this contract through the Return Form that can be found on the page: https://www.faribon.it/file/modulo-di-recesso-en.pdf and sending it to the e-mail address firstname.lastname@example.org. The form must be duly completed, signed and sent within 14 (fourteen) days from the date of receipt of the product.
In any case, without delay, the Seller will confirm receipt of the Customer's notice of withdrawal by sending the Customer an e-mail.
To comply with the withdrawal period, it is sufficient for the Customer to send notice thereof before the expiry of the withdrawal period mentioned above.
10. Effects of withdrawal, methods of refund and product returns
If the Customer withdraws from this contract, he or she will be reimbursed for the purchase price of the returned products, as well as for the shipping costs (with the sole exception of additional costs incurred by choosing a type of delivery other than the least expensive standard type of delivery offered by the Seller), without undue delay and in any event no later than 30 (thirty) days from the day on which the Seller is informed of the Customer's decision to withdraw from the contract.
Reimbursement will be made by bank transfer to the current account expressly indicated by the customer.
The refund may be suspended until receipt of the products to be returned.
The Customer shall return the products within 14 (fourteen) days from the day on which he or she communicated the withdrawal from this contract without undue delay. The deadline is met if the products are returned before the expiry of the 14 (fourteen) day period.
Products must be returned by courier, or any other method preferred by the purchaser, to Omas Srl, in Via Fornace II strada n°1, postal code 35010, San Giorgio Delle Pertiche (PD). The packaging and the product must be aesthetically and functionally intact.
The Customer shall bear the direct costs for returning the products.
To be entitled to a full refund of the price paid, the products must be returned undamaged (they must not have been used or damaged by the Customer) and in their original packaging (any identification labels must still be attached to the products as they are an integral part of the same). In any event, the Customer is liable for any decrease in the product value resulting from any handling of the products other than that necessary to ascertain their nature, characteristics and functioning. In this respect, it is also specified that, precisely in order to establish the nature, characteristics and functioning of the products, the Customer is required to handle and inspect them with due diligence and in the same manner as would be permitted in a shop.
Sending after the expiry of the term, by means other than registered mail or to subjects other than Omas Srl does not constitute the exercise of the right of withdrawal, with all legal consequences, including forfeiture.
If the Customer is a consumer according to Articles 128 and following of Italian Legislative Decree 206 of 6 September 2005 (Consumer Code), the Seller shall be liable for any lack of conformity that becomes apparent within a period of 2 (two) years from delivery of the product. The Customer loses all rights if he does not notify the Seller of the lack of conformity within a period of 2 (two) months from the date on which the defect was discovered. A notification is not necessary if the Seller has acknowledged the existence of the defect or concealed it. In any event, unless proven otherwise, defects of conformity which become apparent within 6 (six) months of delivery of the product shall be presumed to have existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the conformity defect.
If, on the other hand, the Customer is not a consumer, the warranty is provided for a duration of 12 (twelve) months from the date of delivery; the defect must also be reported by the Customer, under penalty of forfeiture of the rights recognised to the same, within 8 (eight) days of its discovery.
Where there is a lack of conformity, the Customer may, alternatively and free of charge, request the repair or replacement of the product purchased under the conditions set out below.
The request must be made in writing to the Seller - by means of a communication to be sent according to the procedures specified in point 12) below - which shall indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within 7 (seven) business days of receipt. If the Seller has accepted the Customer's request, it shall indicate in the same communication the method of shipment or return of the product as well as the deadline for returning or replacing the defective product.
If the repair and replacement are objectively impossible to fulfil or excessively onerous pursuant to Article 130, paragraph 4, of the Consumer Code, or the Seller has not repaired or replaced the product within the aforementioned period or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Customer, the latter may request, at his or her choice, an appropriate price reduction or termination of the contract. In this case, the Customer undertakes to send the Seller a request, indicating either his/her willingness to carry out the request or the reasons why he/she is unable to do so, within seven working days of receipt.
If the Seller has accepted the Customer's request, it shall indicate in the same communication the reduction of the price offered or the methods for returning the defective product. In such cases, the Customer is responsible for indicating how the sums previously paid to the Seller are to be re-credited.
In any case, it should be noted that the products are not guaranteed for damage caused by improper or negligent use of the products, poor maintenance or, more generally, failure to comply with the prescriptions indicated by the Seller in the appropriate instructions or in the product's user manual. Parts subject to wear and tear are also not guaranteed if the damage is attributable to normal use of the product.
12. Return of the products and refunds
The Customer intending to exercise the right of withdrawal must not return the product until Omas Srl sends him or her with the above-mentioned Confirmation Notice, which specifies the procedures and terms for returning the product.
Pursuant to Article 57 of the Consumer Code, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
Therefore, the products must be returned intact, with all accessories, seals, labels and documents and in their original packaging.
The products must be returned directly to Omas Srl, sending them to its address with a parcel that can be tracked, within the term indicated in the confirmation communication sent by the latter. Please note that returned goods travel under the Customer's liability until they are delivered to Omas Srl.
If one or more returned goods are damaged and, as a consequence, Omas Srl cannot offer them for sale again, the value of such goods will not be refunded.
The deadline for returning the product is considered respected only if the product to be returned reaches Omas Srl's head office within the said deadline. Any returns to addresses or subjects other than those indicated by Omas Srl in its confirmation notice will not be counted for the purposes of verifying the timeliness of the return and could lead to the forfeiture of the right to exercise the withdrawal.
If the Customer does not comply with the deadline or the method of returning the product indicated in the Confirmation sent by Omas Srl, the right to return the product will be forfeited and no refund will be due.
If the Customer exercises the right of withdrawal in accordance with the above-mentioned provisions, Omas Srl must refund the sums paid by the Customer, who will only be responsible for the cost of returning the product.
The refund will be made free of charge and in any case within twenty (20) days from when Omas Srl receives the goods returned as a result of the Customer exercising his/her right of withdrawal. The refund will be made in the same way as that used by the Customer for payment of the original order.
13. Applicable law and Disputes
Transactions through the Website are governed by these General Sales Conditions and, for anything not established, by Italian law, which shall also be used as a parameter for the interpretation of these conditions. In accordance with Article 66-bis of the Consumer Code, for civil disputes relating to consumer purchases through the Website, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in Italy. For civil disputes relating to purchases by non-consumers the jurisdiction identified by the Contracting Parties, on an exclusive basis, shall be that of the Court of Padua.