Users who use the Services offered by Fassamano declare that they know and accept these general terms and conditions.
Owner of Fassamano and related services
Fassamaneria srl / VAT: 10080220964 C.F .: 10080220964 FISCAL HOME: MUNICIPALITY:
MILAN PROV: MI / ADDRESS: VIA SAN LUCA 10
Share capital paid: EUR 13,200
Chamber of Commerce of Milan
info@fassamano.com
Introduction
This document constitutes a legal agreement between you, the User, and the company that manages Fassamano, that the terms of such agreement, once accepted by the User, are binding for the latter. For simplicity, "User", "you", "yours" and similar terms, both in the singular and in the plural, refer to you, the User. "Fassamaneria srl", "we", "our" and similar terms refer to the company that owns and manages Fassmano. "Fassamano" refers to this site. "Services" indicates the features and functionality that you can use through Fassamano. "Contract" refers to this document. The contract is concluded in Italian. Other definitions can be found in the "Definitions" section at the end of this Agreement.
Acceptance of the Contract
In order to use the Services, you must read carefully and accept the Contract by clicking on the specific button for acceptance. If you do not accept the Contract you will not be able to use the Service.
Information on Fassamano
Fassamano is an online store specialized in selling products.
Registration, Fassamano content and prohibited use
In order to use the Service or part of it, Users must register by providing, in a truthful and complete way, all the data requested in the relevant registration form and accept the privacy policy and the present general conditions. The User has the burden of keeping his login credentials.
Account cancellation and closure of user accounts
Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through the Fassamano interface or by contacting the Owner directly. The Holder, in case of violation of these Terms, reserves the right to suspend or terminate the User's account at any time and without notice. The Data Controller reserves the right to suspend or cancel the User's account at any time and without notice if it considers that: (i) the User has violated the Contract; and / or (ii) access to or use of the Service may cause damage to the Data Controller, to other Users or to third parties; and / or (iii) the use of Fassamano by the User may result in a violation of the applicable law or regulations and / or (iv) in the case of investigations conducted as a result of legal action or for involvement of the public authority; and / or (v) the account is deemed by the Owner, in its sole discretion and for any reason, inappropriate or offensive or in violation of the Contract or not in line with the owner's standards.
Contents available on Fassamano
The contents available on fassamano.com are protected by the law on copyright and other international laws and treaties to protect intellectual property rights and, where not
otherwise specified, their use is allowed to Users only within the limits specified in this clause. The Data Controller grants to the User, for the duration of the Contract, a personal license, non-transferable and non-exclusive, to exclusive personal and never commercial purposes and limited to the device used by the User for the use of such content. Therefore, it is expressly forbidden for the User to copy and / or download and / or share (if not within the limits illustrated below), modify, publish, transmit, sell, sublicense, process, transfer / transfer to third parties or create derivative works in any way from the contents, including third parties, available on Fassamano, or allowing third parties to do so through the User or his device, even without his knowledge. Where expressly indicated on Fassamano, the User, for mere personal use, may be authorized to download and / or copy and / or share some contents made available on Fassamano, provided that he faithfully reports all the copyright indications and other indications provided from the owner.
Content provided by third parties
The Owner does not make any preventative moderation on the contents or links provided by third parties shown on fassamano.com. The Owner is not responsible for these contents and their accessibility.
Services provided by third parties
Users may use services or content included in Fassamano provided by third parties, but must first have read the terms and conditions of such third parties and have accepted them. Under no circumstances can the Data Controller be held responsible for the correct functioning or availability, or both, of services provided by third parties.
Usage not allowed
The Service must be used as set out in the Terms.
Users can not:
> reverse engineer, decompile, disassemble, modify or create derivative works based on Fassamano or any portion of it;
> circumvent the IT systems used by Fassamano or its licensors to protect the content accessible through it;
> copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by Fassamano;
> use any robot, spider, search and / or site retrieval application, or any other device, process or automatic means of accessing, retrieving, scraping or indexing any portion of Fassmano or its contents;
> to rent, dismiss or sub-license Fassamano;
> defame, offend, harass, enforce threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
> disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
> unlawfully take possession of the account in use by another User;
> register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Fassamano
> use Fassamano in any other improper way that violates the Terms.
Payment services
Fassamano provides some subscriptions or paid services. Fees, duration and conditions of paid accounts and services are indicated in the relevant section of Fassamano.
Purchase procedure
Each order sent constitutes an offer for the purchase of products. Orders are subject to availability and discretionary acceptance by the Owner.
The User must select the products and check-out, after carefully checking and possibly changing the information contained in the order summary. The order is made by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form. The Order Processing Receipt does not constitute acceptance of the order. The contract is concluded when the Order Confirmation is sent by the Data Controller to the e-mail address provided by the User. The Owner reserves the right not to confirm an order by communicating to the User within 20 days of purchase, at the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case the Holder will refund the price and shipping costs incurred by the User.
Terms of payment
Fassamano uses third-party payment processing tools and does not in any way come into contact with payment information - such as credit card information - provided.
Execution of the Order
The Order is executed in the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. The Owner can not be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
Discounts and offers
The Owner reserves, at his exclusive and incontestable discretion, to offer discounts and / or offers for a limited period of time. The conditions to which such discounts and / or offers are subject are indicated from time to time in the relevant Fassamano information page. Each discount and / or offer will be valid until the pre-established deadline or, if necessary, while stocks last. If the discount and / or offer are subject to time limits, the indicated time refers to the owner's time zone, as indicated in the present document.
Reserve of ownership
Until full payment of the price of the products ordered, the products remain the property of the Owner.
Availability of products
Prices, descriptions or availability of products displayed are subject to change without notice. The photos included are indicative and may not be an exact representation of the products. The Owner will do his best to present the characteristics of the products with the greatest degree of detail possible on Fassamano within each card corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Fassamano may differ from the real ones due to multiple factors including, but not limited to, the user's terminal monitor, photo filters, etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute defect of conformity of the products.
Delivery
Deliveries are made during normal business hours to the address indicated by the User and in the manner specified in the order summary. The ordered items are usually shipped within 48 hours from receipt of payment. Delivery times vary depending on the destination, based on the following indicative value table: Italy (excluding Sardinia): 3 days. working hours, Sardinia and rest of Europe (EU): 5 days working.
Upon delivery, the User must verify the content specifying in the delivery form any anomalies and, in this case, accept the package "with reserve". In case of failure to collect within the term established by the carrier, the products will be returned to the Holder, who will refund the price of the products, but not the shipping cost. The Owner can not be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, or for delays in shipping or damage that may have occurred to the products after delivery to the carrier, where the latter has been chosen and commissioned by the User.
The Holder delivers in the following countries: European Union countries, Switzerland, Norway, Iceland.
Right of withdrawal
In case of purchase of products or services on Fassamano the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is obliged to inform the Owner of the decision to withdraw by means of an explicit declaration sent to the indicated contacts. To this end, you can use the model for exercising the right of withdrawal listed in the "definitions" section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent form.
Effects of withdrawal
If the User withdraws from the present contract, all the payments he has made to the Holder, including the delivery costs, will be reimbursed (with the exception of costs
additional information deriving from the choice of a type of delivery different from the less expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the decision of the User to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not incur any costs as a consequence of such reimbursement. The reimbursement may be suspended until receipt of the goods or until the demonstration by the User of having returned the goods, if previous. The User is requested to send back the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he has communicated the withdrawal from the present contract. The deadline is met if the User sends back the goods before the expiry of the 14-day period. The costs of returning the goods will be charged to the User. The User is only responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of withdrawal
Returned products that are damaged or used differently and further than strictly necessary to establish the nature, characteristics and operation will be reimbursed after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the reduction in value is total. The User is requested to include in the package a copy of the delivery document received. The right of withdrawal is in any case excluded in relation to:
> goods made to measure or clearly personalized
> the supply of goods that risk deteriorating or expiring rapidly
> the supply of sealed goods that can not be returned for hygienic reasons or related to health protection and have been opened after delivery
In case one of the above mentioned exceptions is applicable to the goods purchased by the User, the latter can not exercise the right of withdrawal. Applicability of the clauses on withdrawal The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer, ie to the User acting for purposes unrelated to his business activity and professional.
warranty
The User who buys as a consumer has the right to guarantee the conformity of the purchased products within 24 months from the purchase, provided that communication of the faults found within 2 months from their discovery is communicated. To exercise the warranty right, the User is obliged to contact the Data Controller at the contact information contained in this document, giving an accurate description of the defect found. If the defect of conformity of the product is established, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to request the owner to appropriately reduce the price or terminate the contract in the following cases:
> if repair and replacement were impossible or excessively expensive;
> if the owner has not repaired or replaced the goods within a reasonable period, in any case not less than 90 days;
> if the replacement or repair previously carried out has caused considerable inconvenience to the User. The User is however obliged to return the defective products.
Complaints
Fassamano takes the utmost care in providing the Service with extreme professionalism, punctuality and reliability. Nonetheless, it is always possible to experience a setback or that the Service does not respond perfectly to the User's expectations. In any case, the User can always lodge a complaint if, in spite of himself, one of the following circumstances occurs:
> the purchased product or service has never been delivered or supplied
> the purchased product or service has not been delivered or supplied within the prescribed time
> the product or service delivered or supplied differs from the product or service purchased by the User
> a condition arises to enforce the warranty specified in the "Warranty" section of this document. In such cases, the User is requested to address a communication containing the exact indication of the reason for complaint, choosing among those listed above, and the details of the order to the address of
e-mail specified at the beginning of this document. Fassamano will process the request without undue delay and in any case within 7 days. from reception.
Warning: this procedure does not apply to the exercise of the right of withdrawal, for which the provisions set out in the relevant section of this document are valid.
Joint Conciliation Procedure (ADR) According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the User can use the Joint Conciliation procedure. Fassamano participates in the joint conciliation procedure managed by the Netcomm Consortium. This procedure allows Users who hold the status of Consumers, to resolve any disputes arising from the use of Fassamano with the Owner. The procedure can be initiated by the User when he has already submitted a complaint to the Owner and, within 30 days, has not received feedback or received an unsatisfactory reply. To start the procedure, the User must send his / her application by e-mail to conciliazione@consorzionetcomm.it or by fax to n. 02/87181126. The activation of the procedure does not preclude nor prejudice the action in court.
Online dispute resolution for consumers
The consumer residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute concerning and / or deriving from contracts for the sale of goods and services stipulated on the network. As a consequence, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The Owner is available to answer any query sent by email to the email address published in this document.
indemnity
The User agrees to keep the Holder unharmed (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and
employees), from any obligation or responsibility, including any legal fees incurred to defend themselves in court, which may arise for damages caused to other Users or third parties, in relation to the content uploaded online, to the violation of the terms of the law or the terms of these service conditions.
Limitations of responsibility
Fassamano and all the functionalities accessible through Fassamano are made available to Users, under the terms and conditions set forth in the Contract, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee of fitness for the services offered for the particular purposes set by the User is provided. The use of Fassamano and the functionalities accessible through Fassamano is carried out by users at their own risk and under their own responsibility. In particular, the Data Controller, within the limits of the applicable law, is liable for damages of a contractual and extra-contractual nature to Users or third parties exclusively as a result of willful misconduct or gross negligence when these constitute immediate and direct consequence of the activity of Fassamano.
Therefore, the Holder will not be responsible for:
> any losses that are not a direct consequence of the violation of the Contract by the Owner;
> any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, trade losses, loss of revenues, income, profits or expected savings, loss of contracts or commercial relations , loss of reputation or goodwill value etc.);
> damages or losses deriving from Fassmano interruptions or malfunctions due to force majeure events or, in any case, to unforeseeable and unforeseeable events and, in any case, independent of the will and unrelated to the sphere of control of the Owner such as, by way of non-exhaustive example, breakdowns or interruptions to the telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications and incorrect or unsuitable use of Fassamano by Users or third parties.
Service interruption
To guarantee Users the best possible use of the Service, the Owner reserves the right to discontinue the Service due to maintenance or updating of the system, informing Users through constant updates on Fassamano
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Fassamano and its Services without the express permission of the Owner, guaranteed directly or through a specific resale program.
Privacy Policy
For information on the use of personal data, Users must refer to Fassamano's privacy policy.
Intellectual property rights
All trademarks of the Application and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing regarding Fassamano are and remain the exclusive property or in the availability of the Owner and his licensees and they are protected by the trademark laws and by the relevant international treaties. All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos relating to third parties and the contents published by such third parties on Fassamano are and remain the exclusive property or in the availability of said third parties and their licensees and are protected by applicable trademark laws and international treaties. The Owner does not own the intellectual property rights and may use it only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within Fassmano.
The User who continues to use Fassmano after the publication of the changes, accepts without reservation the new Terms.
Sale of the contract
The Owner reserves the right to transfer, assign, arrange for novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User's rights set forth herein are not affected. You may not assign or transfer in any way your rights or obligations under the Terms without the written permission of the Owner.
Communications
All communications relating to Fassmano must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
Should any provision of the Terms be invalid, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected and will remain fully effective.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Holder is located. An exception is the exclusive forum of the consumer, if the law foresees it.
Service
The service offered by Fassamano as described by these Terms and within Fassmano.
User
The person using the service
Terms and Conditions (or Terms)
These general conditions of service, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicate the e-mail address that the Data Controller sends upon receipt of the order.
Order Confirmation
Indicate the mail that the owner sends when the products are shipped confirming the shipment of all or part of the products purchased.
Example of withdrawal form
Addressed to:
Fassamaneria srl / VAT: 10080220964 C.F .: 10080220964 FISCAL HOME: MUNICIPALITY:
MILAN PROV: MI / ADDRESS: VIA SAN LUCA 10
Milan Chamber of Commerce
Social capotale entirely paid 13,000 euros
info@fassmano.com
Italian
English