General conditions of online sales
General conditions of online sales
Legal notice. These General Terms and Conditions govern from a distance purchase through the website that can be reached at www.forchange.app (hereinafter, the "site") of assets and services in the catalog and / or requested by customers through specific customizations, where provided. These general sales conditions are prepared in accordance with Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), with particular reference to section II, and at Legislative Decree 9 April 2003, n. 70 of transposition of the EU directive on information society services (so-called "e-commerce directive").
1.1 For the purposes of these General Conditions we mean (without distinction between the singular or plural use) for:
- a) "Forchange di d'Annunzio Fabio": the supplier of the products and services offered on site, or its intermediaries, licensors, distributors, retailers, authorized franchisee or any other authorized natural or legal person who identifies the product or service offered on sale on the site with trademarks or other authorized distinctive signs of the Forchange or with trademarks or other distinctive signs of which licensed forchangesia as a retailer and / or authorized distributor;
- b) "customer": it is the natural person (consumer or professional, as more than more than defined) or legal that acquires the products and / or services on the site through the acceptance of these General Terms and Conditions;
- c) "consumer": the natural person acting for extraneous purposes to entrepreneurial, commercial, artisanal or professional activity eventually carried out;
- d) "distance contract": the contract concerning the goods and / or services offered on the site to the consumer or professional within the framework of an organized sales regime or provision of remote services without the physical and simultaneous presence of Forchange and the consumer, through the exclusive use of one or more means of communication at a distance until the conclusion of the contract, including the conclusion of the contract itself; In this definition, those of "sales contract" are also included - that is, any contract under which the professional transfers or undertakes to transfer the property of goods to the consumer and the consumer pays or undertakes to pay the price, including the contracts that have as object both goods and services - and of "service contract", ie any contract other than a sales contract by which the professional provides or undertakes to provide a service to the consumer and the consumer pays or commits to pay the price, provided they concluded at a distance;
- e) "parts": the formerge and the customer collectively;
- f) "product / i": the goods offered on sale on the site through the same that can be purchased through the stipulation of the relevant distance contract; This definition also includes the "goods produced according to consumer's indications", understood as any non-prefabricated goods produced based on a consumer's individual choice or decision;
- g) "Professional": the natural or legal person acting in the exercise of his own business, commercial, artisanal or professional activity, or his intermediary;
- h) "service / i": the services offered on sale on the site or that could be offered on the site in the future, which can be purchased through the stipulation of the relevant distance contract;
- i) "Site": Overall, it is the Web site App owned by the Forchange or other sites and platforms to the same attributable (eg: the Forchange.app site) where it is possible to stipulate a distance contract;
- j) "Remote communication technique": any means that, without the physical and simultaneous presence of the Forchange and the Consumer or Professional, can be used for the conclusion of the contract between the said parties, including the site.
1.2 The rules specifically provided for consumer protection do not apply to the customer represented by a professional, which therefore cannot be valid for the particular rights and terms provided for by these General Conditions exclusively in favor of the consumer, saves the applicability of the other conditions.
2.1 These General Conditions of Sale regulate distance contracts stipulated using remote communication techniques (including online mode, through the site) between the Forchangeed customers and concerning the products and / or services offered for sale.
2.2 The remote contract is governed by the version of the general sales conditions in force at the time of forwarding the order by the customer.
2.3 The operations of purchase of products and / or services online and the stipulation of the relevant distance contracts are subject to the prior acceptance of these General Terms and Conditions of Sale and to the Registration of the Customer who make the purchase.
- Information to the customer.
3.1 Where the remote contract is stipulated between the Forchange and a consumer customer, pursuant to art. 49 of the Consumer Code The following mandatory information is provided below:
3.2 The identity and registered office and the contact details of Forchange as the supplier of the products and services offered on site are the following:
Forchange of D'Annunzio Fabio
Registered office: Corso Vittorio Emanuele II, 10 - 65122 Pescara (PE)
Tax Code: DNNFBA92T02L845E
VAT number: 09545871213
Number of registration in the NAPOLI Business Register: DNNFBA92T02L845E
R.A.E.E. PE - 413551
Tel. +39 3337662271
The registered office, in addition to the contact details reported to art. 3.5, letter (a), is taken - even pursuant to art. 49, paragraph 1, letter (d) of the Consumer Code - as a address where the consumer customer can send complaints.
3.3 The essential characteristics of the products and services are reported within specific technical sheets published on the site - accompanied by photographic images - that the customer can view before submitting the purchase offer. Forchange reserves the right to modify / adapt the technical and dimensional information of the catalog products, even without any notice. Within these cards or related publishing web pages in the purchase process the following information is also reported:
- a) the availability and price, including all taxes and taxes that grave to the customer; b) additional expenses and costs for delivery, depending on the methods of shipping and delivery of the site and selected by the customer, and other any additional cost elements according to the cases, which weigh on the customer (specifies and informs the Consumer pursuant to art. 57 of the Consumer Code which are the costs of returning products in the case of exercise of the right of withdrawal pursuant to the subsequent clause 8); c) the methods of payment, delivery of the good or service provision; d) the duration of the validity of the various offers and prices (even in the case of promotional, special and / or applied discounts sales); e) the methods of payment, delivery and execution, the date by which Forchange undertakes to deliver the products or to provide services and, if necessary, the processing of complaints by the professional.
3.4 With reference to the right of withdrawal, see the subsequent clauses 8, 9, 10 and 11.
3.5 In addition to the mandatory information above, the other information requested from both the Consumer Code and Legislative Decree 70/2003 should also be reported below. of non-consumer customers (legal and professional people):
- a) With reference to the extremes that allow you to quickly contact the Forchange and communicate directly and effectively, including the telephone number, fax number and e-mail address, are as follows:
Number of registration in the NAPOLI Business Register: DNNFBA92T02L845E
R.A.E.E. PE - 413551
3.6 The online publication of these General Terms and Conditions of Sale and Article 3 As soon as above are valid as the presentation of information on lasting support provided to the consumer customer pursuant to art. 51 of the Consumer Code.
- Information directed at the conclusion of the distance contract
4.1 The art. 11 of Legislative Decree 70/2003 prescribes to each provider of goods and / or services to provide customers with specific information to the conclusion of the distance contract. Below is the formergeotimpera to the related information obligations towards customers.
4.2 With reference to the various technical phases to be followed for the conclusion of the contract, on the site it is possible to follow a wizard that allows the customer to verify and then validate any information entered and correcting errors first of the temporary edition of the electronic module containing the purchase order proposal and until the conclusion of the remote contract.
4.3 With reference to the way in which the contract at a distance, once concluded, will be filed and the related methods of access by the customer, the customer will find the text in his area control panel and will receive a summary email of the purchase carried out and of the contract so concluded. 4.4 With reference to the technical means made available to the customer to identify and correct data entry errors before submitting the order, the conclusion system of the remote contract on the site requires confirmation of the correctness of the data entered and automatically indicates any Errors deriving from the omitted indication of mandatory data in the various fields of the online order.
4.5 There are no other languages available to conclude the contract as well as Italian.
4.6 With reference to the indication of dispute composition tools, see the next clause 12.
4.7 The clauses and general conditions of the contract proposed to the customer are and always remain at your disposal: storage and reproduction are always possible by saving the web page or by copy / paste option. Furthermore, in the email confirming the receipt of the order, the general conditions of sale are attached or the link is made available to the customer where to view them and print them.
- Conclusion of the distance contract
5.1 First, art. 51 paragraph 2 of the Consumer Code prescribes that if a remote contract which must be concluded by electronic means imposes the consumer the obligation to pay, the professional must notify him clearly and evidently the information referred to in Article 3 above, Directly before the consumer forwards the order. Furthermore, with the present paragraph, Forchange performs the obligation to ensure that, at the time of forwarding the order, the consumer expressly recognizes the purchase proposal - where accepted by Forchange - involves the obligation to pay the established price and all The specified costs.
5.2 By sending the order proposal, the customer is offered to purchase a product or service. The sending of the order proposal does not bind in any way Forchange - where not otherwise established on the site - nor the online offer of products or services can be understood as a proposal to the public pursuant to art. 1336 C.C. Only where Forchange accepts - specifically and from time to time with explicit communication via email sent to the customer - the purchase order proposal received by the customer, will be determined the conclusion of the remote contract.
5.4 In the case of acceptance of the purchase order proposal received by the customer, formergance willcel receipt of the order received by transmitting its final acceptance and the related order confirmation at the e-mail address that the customer indicated in the registration phase at the site . This acceptance and order confirmation will contain - as required by the applicable legislation - a summary of the General and Particular Conditions applicable to the remote contract already stipulated, information relating to the essential characteristics of the good or service and detailed price indication, of the means of payment, of the withdrawal where applicable, of the applicable delivery costs and tributes.
5.5 The order and receipt consider themselves when the parties to which are addressed have the possibility to access it.
- Payment means accepted
6.1 Forchange only accepts the following forms of payment:
- Credit card of the American Express circuits, Diners, Visa and Mastercard
- PayPal ™
- Bank transfer in advance.
The amount due will take place at the order confirmation date. The order holder paid by credit card must be the credit card holder used. Forchange reserves the right to request fax sending by the customer's copy of a valid identity document to verify the ownership.
6.2 The card data is managed directly by PayPal specialized in online payments management. The information is encrypted by using 128-bit (SSL) encryption systems that prevent use by third parties and are sent directly to the Bank. Perchange does not display or access the related data.
6.3 Forchange reserves the right to verify compliance with the conditions mentioned in this clause, by request to the bank emission bank of the genuineness verification card on the ownership of the card itself. This activity takes about 5 working days. At the end of them, in the event of a positive outcome, we will proceed with the delivery of the order carried out.
- Remote contract execution.
7.1 Unless otherwise agreed between the parties or save the cases in which - with adequate notice - Forchange informs the customer of different timsters about the delivery and execution of the contract at a distance concluded, based on the availability of products and services or based on A specific customer requests involving particular timing of execution, delivery and evasion of the accepted order proposal - and remaining, remaining the cases provided for by the subsequent clause 7.6 which cannot be considered as elongation of delivery times attributable to the Forchange - the distance contract Concluded pursuant to these General Conditions will be processed by a maximum of thirty days starting from the day after the day in which Forchange has sent its acceptance to the customer pursuant to Articles 5.4 and 5.5 of these General Conditions.
7.3 The delivery obligation is fulfilled by Forchange through the transfer of material availability or in any case control of the consumer products. If Forchange does not fulfill the obligation to deliver the products within the agreed term, the consumer has the burden of inviting it to carry out delivery within an additional term appropriate to the circumstances. If the additional term thus granted expires without the products have been given to them, the consumer is legitimized to resolve the contract at a distance.
7.2 When the courier will deliver the customer must check:
- That the package is intact, not damaged or wet and in any case compliant with standard features.
- That the number of hills (number of packages) indicated on the invoice corresponds to the number of collicles actually delivered.
Any disputes must be immediately raised to the carrier, in the absence of these, the product considers it correctly delivered. The invoice, contained in the appropriate pocket on the outside of the package must be preserved.
If at the product delivery it is clear damage to the packaging the customer must:
- Expressing a reserve or the package is accepted but before signing the document the customer will have to write "I accept with reserve rights", it will once you open the package and encountered any damage, immediately activate the warranty procedure.
- Rejecting the damaged goods if it is not possible to accept the package reserved or if the damage is still visible without having to open the package.
In the case of defective products under warranty, the return costs for replacement of the product are charged by Forchange.
7.4. The additional costs are charged to the customer (compared to the price of the product, which will still be highlighted on the site as a total and inclusive amount of taxes, to which to add - according to the information shown on the site, the costs charged to the customer for shipping, Delivery or other) due for shipping, delivery or postal or other expenses if required (eg: additional costs for any insurance coverage requested by the customer for shipping a particular product).
Pursuant to art. 51, paragraph 3 the customers are informed that there are no restrictions on delivery.
7.5 In the event of failure to run the order by the Forchange due to the unavailability, even temporary, of the product or service requested, Forchange will promptly inform the consumer customer providing:
- a) to fulfill a different supply from that agreed, of value and equivalent or higher quality, where the consumer customer can specifically accept it in response to the communication with which the Forchange informed him of the unavailability of the product or the requested service;
- b) the reimbursement of the sums already paid for the payment of the supply, if the consumer customer does not intend to accept a different supply from the agreed, of value and equivalent or higher quality, in any case the 7.6, 7.7 and 7.8 clauses followed.
7.6 If the customer requests shipping and delivery in a country other than Italy - and where this option is available on the site - upon arrival in the customer's country, the purchased product may be subject to payment of customs charges (ie, in Exemplary, taxes, duties, taxes, commissions, etc.), which will be charged to the customer. Forchange is not responsible for this customs taxation and is not required to control the respective amounts. The customer therefore has the burden of verifying the amount of such possible charges, not predeterminable. For this reason, the Forchange suggests to the consumer customer to verify - before submitting any purchase order proposal - any charges of this kind at the competent customs offices of the country of delivery of the products in order to find detailed information on the matter.
7.7 If the customer refuses the product purchased on his arrival or refused to pay the respective customs charges, all the costs relating to unpaid customs charges (both those relating to delivery in the Customer's country, and those that the Forchange is kept percentively correspond to customs agents for the return of the product / I in Italy) will be charged to the customer.
7.8 Customs procedures could cause delays in delivery of the product. If delays occur, we recommend the customer to carry out the appropriate checks at the customs offices of competence. The invoice relating to customs charges could arrive weeks after receiving the product by the customer.
- Right of withdrawal from the distance contract
8.1 For customers only represented by consumers, the exercise of the right of withdrawal is provided (therefore excluded for customers represented by physical persons professionals and / or from legal persons as are excluded for these categories of customers all the rights and faculties consequent to A valid exercise of the right of withdrawal) based on the conditions and the methods that follow.
8.2 The consumer customer has a period of fourteen days to withdraw from the contract at a distance without having to provide any motivation, without incurring any liability and without having to bear costs other than those provided for the following clauses and except as established at the following article 9 of the These general sales conditions ("exclusion of the right of withdrawal").
8.3 The withdrawal period referred to in clause 8.2 ends after fourteen days starting:
- a) in the case of services, from the day of the conclusion of the distance contract;
- b) in the case of products, from the day to which the consumer or third, different from the carrier and designated by the consumer, acquires the physical possession of the goods or:
1) In the case of multiple products ordered by the consumer by means of a single order and delivered separately, from the day the consumer or third, other than the carrier and designated by the consumer, acquires the physical possession of the last product;
2) In the case of delivery of a product consisting of lots or multiple pieces, from the day the consumer or a third, different from the carrier and designated by the consumer, acquires the physical possession of the last batch or piece.
8.4 Before the expiry of the withdrawal period, the consumer informs Forchange of his decision to exercise the right of withdrawal from the remote contract. To this end, the consumer can:
- a) use the type of withdrawal type referred to in Article 8.5 (which is not mandatory); b) to present any other explicit declaration of its decision to withdraw from the remote contract, transmitting it without any formality to any of the contact details indicated in art. 3.2 of these General Terms and Conditions.
The consumer has exercised its right of withdrawal within the period of withdrawal if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the deadline expiry. In such cases, Forchange will communicate to the consumer a confirmation of receipt, on a durable support (such as such an e-mail account and an email address declared), of the withdrawal exercised. The burden of proof relating to the exercise of the right of withdrawal in accordance with this article refers to the consumer.
8.5 The type withdrawal module must bear the following information:
- Recipient [The name, geographical address and, if available, the telephone number, fax number and e-mail addresses must be entered by the professional]:
- With the present I / us (*) we notify the withdrawal from my / our (*) sales contract of the following goods / services (*)
- ordered the (*) / received the (*)
- Consumer name (s)
- Consumer address (s)
- Consumer signature (i) (only if this form is notified in paper version)
- Date 8.6 The integrity of the product to be returned following the exercise of the right of withdrawal is an essential condition for the exercise of the right.
- Exclusion of the right of withdrawal from the distance contract
9.1 The consumer customer cannot exercise the right of withdrawal provided for the clause n. 8 which precedes in cases of a distance contract concerning products clearly customized or requested with specific details by the consumer.
- Effects of the right of withdrawal from the distance contract. Obligations of the parties.
10.1 The exercise of the right of withdrawal - within the terms and with the methods specified - by the consumer poses term to the obligations of the parties:
- a) to perform the contract remotely, where already concluded; or
- b) to conclude the contract in cases where the withdrawal intervenes after sending the proposal of an order carried out by the consumer and before Forchange has accepted said proposal.
10.2 In case of exercise of the right of withdrawal - within the terms and with the specified methods - Forchange will reimburse the consumer all the payments from these received, possibly including delivery costs, without undue delay and in any case within fourteen days from the day in which Forchange It is informed of the consumer's decision to withdraw from the contract. The sums will be intended to be reimbursed in terms if they are actually returned, shipping or reeded with non-rear currency at the expiry of the previously indicated period.
10.3 Forchange will proceed to reimbursement of the amounts to the consumer using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise. The consumer will not have to support any cost as a consequence of the refund.
10.4 Forchange will not be required to reimburse additional costs, if the consumer expressly chosen a type of delivery other than the least expensive delivery type offered on the site, nor any sum by way of customs charges - where provided - based on what is specified at Clauses 7.6 and 7.7.
10.5 Forchange will be able to hold back the refund until it has received products in return or until the consumer has been shown to have returned the products, depending on which situation occurs first.
10.6 The consumer will have to return the products or deliver them to Forchange or to a third authorized by Forchange to receive products, without undue delay and in any case within fourteen days from the date on which he announced his decision to withdraw from the distance contract. The term is respected if the consumer sends the products before the expiry of the fourteen days period. The consumer only supports the direct cost of returning products. The substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. The products must in fact be returned in an intact state of conservation and with original labels - where present - not removed, in the same reception conditions, equipped with original packaging and all the kit documentation. The packaging of the products must be accurate, in order to safeguard the original casings from damage, applications of writings or labels.
- Warranty on consumer products.
11.1 Exclusively only in cases where the remote contract was concluded with a consumer customer, and in the hypotheses in which the purchased product reveals itself not comply with the provisions of the contract at a distance and based on what is specified in art. 129 of the Consumer Code, the consumer customer will be able to use the following warranty rights.
11.2 Pursuant to art. 49, paragraph 1, letter (N) of the Consumer Code, submits the following reminder on the legal guarantee of conformity of the goods.
11.3 In the event of a lack of conformity of the product, the consumer customer will be entitled to restore, without expense, of the conformity of the goods by repair or replacement or to an adequate reduction in the price or termination of the contract. The consumer customer can request, at his choice, at the Forchange to repair the good or replace him, without expenses in both cases (the costs refer to the indispensable costs to make the goods compliant, in particular a way with reference to the costs carried out for the Shipping, for the workforce and for materials), unless the requested remedy is objectively impossible or excessively expensive with respect to the other. It is to be considered excessively onerous one of the two remedies if it imposes the unreasonable expenses for the formerge in comparison to the other, taking into account:
- a) value that the good would have if there is no lack of conformity; b) the entity of the lack of conformity; c) of the event that the alternative remedy can be experienced without considerable inconveniences for the consumer.
11.4 The consumer customer can request, as a choice of him, a reasonable reduction in the price or termination of the contract where one of the following situations are resorted:
- a) repair and replacement are impossible or excessively onerous; b) the Forchange has not repaired or replacing the good within a congruous term taking into account the nature of the good and purpose for which the consumer bought the good; c) the replacement or repair previously carried out considerable inconveniences to the consumer.
In determining the amount of the reduction or the sum to be returned it will take into account the use of the product.
11.5 After the complaint of the lack of conformity, the Forchange will be able to offer the customer consumer any other remedy available, with the following effects:
- a) if the consumer customer has already requested a specific remedy, the Forchange will proceed to implement it, unless accepted by the consumer customer of the alternative remedy proposed by the Forchange; b) If the consumer customer has not already requested a specific remedy, he must have to accept the proposal or reject it by choosing another remedy pursuant to the provisions of this clause 11.
11.6 A defect of slightly entity compliance for which it was not possible or is excessively expensive to experience the remedies for repair or replacement, it does not give the right to termination of the contract.
11.7 The consumer customer decides by the rights provided for in this clause where the lack of conformity of the products within the period of two months from the date on which the defect has discovered.
- Information clause on extrajudicial resolution of disputes through the ODR platform
(Art. 14 Reg. EU no. 524/2013)
12.1 With reference to the alternative methods of resolution of disputes, we inform you that from 15 February 2016 the EU's web platform is available for the extra-judicial solution of disputes for online purchases (hereinafter "ODR Platform") provided for by the EU Regulation 524 / 2013 (hereinafter, "Regulation"). This alternative method of resolving disputes can be activated by the consumer who is part of sales contracts of goods and / or providing online services. The online contract must be applicable between a consumer resident in the European Union and a provider established in the EU. In some countries (currently in Belgium, Poland, Germany, Luxembourg), the supplier may also request the activation of the dispute resolution procedure by acting against a consumer.
Pursuant to art. 14 of the regulation The suppliers established in the EU operating through sales contracts of goods and / or supply of online services are obliged to provide in their websites an electronic link to the ODR platform. In fulfillment of this obligation clickhereTo access the platform. It is specified that the supply of the link to the ODR platform takes place exclusively to mere information title towards the consumer.
- Applicable law and competent hole. 13.1 The contract was drawn up and will be interpreted in accordance with the laws of the Italian Republic.
13.2 For civil controversies deriving from the distance contract Territorial competence is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
13.3 In all other cases the disputes between the Forchange and the client connected or in any case linked to these General Terms and Conditions are reserved for the exclusive territorial jurisdiction of the Forum in Naples, within the limits envisaged:
- from Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (commonly known as Regulation "Rome I") governing the identification of the applicable law, in the event of conflicts of law on civil contractual obligations and commercial; - from Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (commonly known as Regulation "Rome II") entered into force on 11 January 2009 and which governs the identification of the applicable law in the event of legal conflicts regarding non-contractual obligations in civil and commercial matters; - from Regulation (EC) No. 44/2000 of the Council of 22 December 2000 concerning jurisdiction.
13.4 If certain provisions of the General Conditions of Sale were judged invalid or inapplicable, the same will still be interpreted in such a way as to reflect the common intentions of the Forchange and customers, in accordance with the remaining provisions.
13.5 With reference to possible alternative dispute composition tools, the client is informed that there are no means and / or alternative procedures.
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