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Terms of sale
1.Customers
2. Acceptance of an Order – Contract of Sale
3. Payments
4. Shipping and delivery
5. Showroom pickup
6. Prices
7. Vouchers and discount codes
8. Non-conforming products – Legal warranty
9.Order Cancellation-Rights of Withdrawal
10. Applicable law and disputes
11. Communications or complaints
12. Miscellaneous
The General Terms and Conditions of Sale for the purchase of FUERPA products(“Products”) displayed on this website (fuerpa.com) owned by Koncept di Erjon Suka, headquartered at Via Aretina 52/R, Firenze (FI) 50136, VAT No. IT07254680486 (“Koncept di Erjon Suka” or, alternatively, the “Seller”), are included in this sales contract (“Contract”).
Any user browsing the Site (“User”) is encouraged to review the Contract before completing a purchase order for Products on the Site (“Order”); in fact, placing an Order implies acceptance thereof.
Any changes to the Contract will become effective immediately upon posting on the Site and will govern all subsequent Orders.
1. Customers
The placing of Orders on the Site is permitted only to natural persons who have the legal capacity to enter into binding agreements in accordance with applicable law and are acting for purposes unrelated to any business or professional activity they may be engaged in (“Customers”).
Where requested, Customers must provide their first name, last name, date of birth, email address, delivery address for Products, social security number, and other personal information.
Such information must be true, accurate and constantly updated.
You may not place Orders on the Site using another person’s name or credentials unless expressly authorized to do so by the eligible party.
The purchase of Products for the purpose of resale is prohibited.
2. Acceptance of an Order – Contract of Sale
Following the electronic submission of an Order, the Customer will receive an email confirming that the Order has been received.
This communication is functional to notify the Customer that the Order has been received and to provide the Customer with the relevant unique Order identification code.
It does not in any way imply acceptance of the Order by the Seller.
If one or more of the details in the email are incorrect, the Customer must promptly notify the Seller’s customer service department (“Customer Service”) through the link included in the Order receipt confirmation, or by writing to: orders@fuerpa.com
Acceptance of the Order by the Seller shall take place only when the Seller sends the Customer confirmation of acceptance of the Order (“Order Confirmation”), usually coinciding in time with the shipment of the Products.
The relevant Contract shall be deemed to be executed upon receipt of the Order Confirmation by the Customer.
Before then, Seller reserves the right not to accept an Order where it deems it appropriate.
In particular, the Seller shall not be liable, in any capacity whatsoever, in the event that an ordered Product is removed from the Site after the relevant Order has been placed.
Indeed, it may happen that the Site displays, by mistake, Products that are unavailable at the time.
In the case of partial unavailability of the Order, Customer Service will contact Customer to verify Customer’s willingness to.
(a) receive a partial Order,
(b) the complete Order in multiple shipments or
(c) to cancel the Order.
In the event of total unavailability of the Order, however, Customer Service will contact Customer to inform Customer that the Order cannot be processed and will cancel the relevant Order.
In such case, no charges will be made against the Customer.
3. Payments
Orders may be placed using major credit cards, debit cards or other payment methods made available on the Site (collectively, the “Payment Methods”).
Seller will charge the purchase price, as defined below (“Price”) coincident with acceptance of the Order.
However, at an earlier stage than the acceptance of the Order, security checks may be performed on the Payment Method chosen by the Customer for the Order, i.e. a pre-authorization or pre-debit for precautionary purposes.
The Seller uses a primary payment gateway to authorize payments for Orders (“Payment Gateway”); accordingly, the Seller does not directly handle any financial information relating to the Payment Method used by the Customer, nor does the Site process any financial information provided for the completion of the Order.
The Payment Gateway protects the details of the credit or debit card used by encrypting sensitive information to ensure that it is transmitted securely.
The Site adopts Secure Socket Layer (SSL) technology to ensure a higher standard of security on every Order.
On the off chance that there is an error, negligence or malfeasance relating to the handling of the transaction related to an Order by the Payment Gateway and payment brokerage systems, neither the Seller nor the Site shall be held liable for such error, negligence or malfeasance.
The Seller reserves the right to cancel a transaction and cancel the related Order if fraudulent use of the Payment Method adopted for the Order is reported.
In addition, the Seller shall not be liable in the event of any wrongful use of a Payment Method by a third party that is not attributable to its error or negligence.
4. Shipping and delivery
FUERPA ships and delivers the Orders using leading couriers.
The Seller undertakes to deliver the Orders to the Customers precise and rapid manner, in compliance with the delivery terms indicated on the Site at the time of purchase and, in any case, within 30 (thirty) days from the date of sending the Order Confirmation to the Customer.
The Order Confirmation is sent to the Customer at the time the Products are delivered to the courier for shipment.
Under certain circumstances, such as, for example, sales periods or business closures, delivery times may vary.
The Seller shall not be held liable for delays in delivery that are not attributable to its fault or negligence.
Therefore, Seller shall be exempt from liability for delays due to force majeure, strikes, natural disasters, facts relating to customs clearance procedures, and any other facts relating to the provision of courier services or any other circumstances beyond its control.
The Order Confirmation contains the tracking number (tracking number) with which the Customer can monitor the process of shipment and delivery of the Products on the website of the relevant courier company.
The Customer is invited to do everything in its power to facilitate the delivery of the Order, either by making itself available for receipt or by delegating it to a third party.
The courier will make an initial attempt to deliver the Order to the address indicated by the Customer.
If the delivery is unsuccessful, the courier will inform the Customer of the attempted delivery and will try to agree with the Customer on a further delivery of the Order.
In the event that the courier finally fails to deliver the Order, Customer Service will contact Customer to verify Customer’s interest in a new shipment.
Upon delivery, the Customer shall verify the accuracy of the number of packages and the integrity of the outer packaging.
In the event that the Customer encounters anomalies in the delivery, for example.
with reference to the number of packages or in the presence of damage to the outer packaging, the Customer must sign the delivery document with reservation and contact Customer service.
In the event that it fails to do so, the Customer may not subsequently make any objection with regard to the delivery, subject to the provisions of Article 8 below regarding hidden defects and in compliance with the legal regulations placed to the mandatory protection of consumers.
The Customer may contact Customer Service by filling out the form on this site or by writing to: orders@fuerpa.com
5. Showroom pickup
Where permitted, during the purchase process, the Customer may opt, at no additional cost, to pick up the Products at the FUERPA showroom located at Via Aretina 52/R Florence (FI), 50136.
In such case, once the Order has been processed, the Seller will contact the Customer to inform the Customer of the date from which the Products will be available for pickup at the Showroom.
From that date, the Order will be available for pickup at the Showroom during a maximum period of 15 (fifteen) days.
In the event that Customer fails to pick up the Products within the aforementioned period, Customer Service will contact Customer to arrange for a new delivery of the Products.
In case the Customer does not provide any indication to the Seller within the peremptory period of 5 (five) working days, the Order shall be considered cancelled.
The Customer is invited to collect the Order from the Showroom either personally or by delegating another
person for this purpose.
The person delegated by the Customer to collect the Products from the Showroom must present:
1. copy of the Order Confirmation;
2. copy of the Customer’s identity document;
3. original of its own identity document valid and recognized in the territory of Showroom location.
6. Prices
All prices posted on the Site are inclusive of VAT (“Prices”).
Regarding the shipping costs of the Orders (“Shipping Charges”), the Customer shall refer to what is stated in the “Shipping Charges” section.
The amount of the Shipping Charges (where due), including VAT, will be visible in the Order summary during the check-out process and will be reflected in the Order Confirmation sent to the Customer following acceptance of the Order.
Any changes made to the Prices of the Products will be effective from the date of publication of the new Prices on the Site, without retroactive effect on Orders already accepted by sending Order Confirmation.
Except in the case of recognizable error pursuant to Art.
1431 c.c., the Seller reserves the right not to accept an Order due to the erroneousness of the Price published on the Site or indicated in the email sent to confirm receipt of the Order, i.e. before its acceptance by the Seller.
7. Vouchers and discount codes
During marketing campaigns, Seller may make vouchers and discount codes available to Customers for the purchase of Products on the Site.
Such vouchers and discount codes may never be used for Showroom purchases.
Vouchers and discount codes issued by Seller are not redeemable under any circumstances.
8. Non-conforming products – Legal warranty
Notwithstanding the provisions of Article 4 above, Seller assumes responsibility for any original defects in the Products.
The Seller warrants to the Customer that the Products sold are not defective and that they conform to the provisions of the Contract, i.e., in particular, that the Products:
– comply with the description provided on the Site and possess the qualities of the Products that FUERPA has presented to the Customer as a sample or model;
– are appropriate for the purpose for which goods of the same type are normally used;
– possess the usual quality and performance of a good of the same type, which the Customer can reasonably expect, taking into account the nature of the good.
For technological reasons, neither FUERPA nor the Site can guarantee that the display of colors on the screen will always be accurate.
The warranty of conformity of the Products sold on the Site lasts for a period of 2 (two) years from the date of receipt of the Products by the Customer.
The rules set forth in Articles 129, 130 and 132 of the Consumer Code shall apply to the sale of Products.
In the event that a non-conforming Product is delivered, the Customer may request the restoration, without charge, of the conformity of the Products by repair or replacement.
Where this is not possible, the Customer shall be entitled to a corresponding reduction in the Purchase Price or to a refund of the Purchase Price and (where incurred) the Shipping Charges.
Failure to maintain and properly wear and tear FUERPA’s products, as well as marginal differences between the description of the Product on the Site and the actual characteristics of the Product shall not be considered as a cause of non-conformity of the Product for the purposes of this Agreement.
The Customer shall notify FUERPA of any lack of conformity of the Products within a period of 2 (two) months from the date it discovered the lack of conformity by filling in the form on the Site or by writing to: orders@fuerpa.com.
After receiving the notification from the Customer, the Seller will contact the Customer to agree directly with the Customer on how to collect the Products.
The mere receipt of the Products by the Seller after the activation of this procedure does not imply, in any way, the recognition of a lack of conformity of the Products, being necessary a careful verification by the Seller.
The action aimed at asserting hidden defects shall be prescribed, in any case, in the term of twenty-six months from the delivery of the Product.
9. Order Cancellation-Return of Products-Right of Withdrawal
Within 12 (twelve) hours from the time of the order placed, The customer is entitled to:
-Cancel the order and request a full refund.
The Refund will be made through the same payment method used by the Customer for the Order.
After the above set limit, the order is processed and cannot be cancelled.
Within 14 (fourteen) days from the date of delivery of the Order, Customer shall be entitled to:
– exercise withdrawal from the Contract, without penalty and without having to provide any reason “Withdrawal”.
To this end, the date of delivery of the Products resulting from the delivery tracking system made available by the courier on its website will be used to verify compliance with the above deadline.
If the Customer decides to exercise the aforementioned Withdrawal, it must first notify FUERPA of its intention in one of the following ways of notification:
– for Registered Customers: by activating the specific procedure for Returns in the “Orders” section available within the “Your Page” area of this Site; or
– For non-registered customers: by contacting Customer Service via the electronic form (“Contact Us” section ) or by writing to : orders@fuerpa.com
Should the Customer choose to contact Customer Service for Returns, the Customer must specify the unique Order identification code included in the Order Confirmation.
The possibility of return is active only on Orders that are already delivered to the Customer according to the tracking system provided by the courier.
The return form will be pre-filled by the Seller; the Customer must verify the correctness of the data therein and, in any case, make sure that the notification bears the unique identification code of the Order Within the return form, the Customer may indicate the reason for the return and any notes (e.g., any defects found).
Upon receipt of the notification, FUERPA will notify the Customer by email of the confirmation of receipt of the Return Application, containing the clearance for the return shipment of the Products (“Nullaosta”).
However, the Nullaosta may be denied in the event that FUERPA verifies that the prerequisites for the Withdrawal are lacking, for example, because more than 14 (fourteen) days have elapsed since the date of delivery of the Products to the Customer.
For return shipment, the Customer may only contact the courier indicated by FUERPA in the Return Form and/or the Nullaosta to book the pickup of the Products and must affix the label provided to him/her by FUERPA via email on the relevant package for shipment.
The Customer must strictly deliver the Products to the courier for return shipment to FUERPA within 14 (fourteen) days from the date of receipt of the Nullaosta.
Specifically:
– returned Products must be returned with any labels, security seal, packaging and accessories (e.g., case, etc.) received with the Order;
– the Products, labels, security seals, packaging and accessories must not show any signs of use, or scratches, or have been altered in any way (worn, washed, ironed, etc.) and must be returned in the same condition in which they were shipped by the Seller and in their original “FUERPA” inner packaging.
Therefore, the Purchase Price and Shipping Charges related to:
– Products from which the security seal has been removed or cut; and/or
– Products that are used, incomplete (particularly in the case of missing parts or accessories), ruined, damaged, deteriorated or dirty.
Any signs of use present returned will affect the refund or replacement of the Product;
– Products returned without the inner packaging “FUERPA”.
The Customer shall be held solely responsible for any diminution in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and operation of the Products.
Once the existence for the exercise of the Withdrawal has been verified, the Seller will notify the Customer of the acceptance of the return and proceed to refund the Purchase Price and any Shipping Costs incurred by the Customer (“Refund”).
Provided that Customer has properly followed this procedure, the shipping costs of Returns shall be borne in full by Seller.
Seller agrees to carry out the Refund procedure described above within 14 (fourteen) days commencing from the date of receipt of the returned Products.
The Refund will be made through the same payment method used by the Customer for the Order.
Also subject to the conditions of Withdrawal described above, the Customer may personally return, or delegate another person to do so, the Products purchased on the Site to the FUERPA showroom indicated on the Site.
In this case, the Customer must complete the online return procedure on the Site, as described above, selecting as the method of return the return to the Showroom indicated on the Site after making an appointment with date and time with the Seller.
For return to the Showroom, the Customer must be equipped with:
1. copy of the Purchase Document;
2. copy of the Nullaosta;
3. original of one’s own valid identity document recognized in the Showroom location territory.
In the event that the Customer has returned the Products in the absence of the prerequisites for Withdrawal, FUERPA may not recognize any right of withdrawal. After multiple withdrawals and returns by a Customer, the Seller may reserve the right to decide whether or not to accept an Order from the same Customer. Customers must ship the Products for return from the same country where the Products were delivered.
10. Applicable law and disputes.
These General Conditions of Sale and the contracts of sale regulated by them shall be governed by Italian law.
All disputes relating to these General Terms and Conditions of Sale and the contracts regulated by them shall be known by the competent Court of the place of domicile or residence of the Customer according to the applicable law or, at the Customer’s choice, by the Court of Florence.
This is without prejudice to the possibility of promoting the out-of-court settlement of disputes, as provided for in Articles 66 and 141 Consumer Code.
11. Communications or complaints
For any communication, information or complaint regarding an Order and these Terms and Conditions, the Customer may contact Customer Service using the appropriate form on the Site on the Contact Us page or by writing to: orders@fuerpa.com
12. Miscellaneous
In this Contract, the singular form includes the plural form and vice versa, based on the context. No act of waiver by FUERPA to exercise remedies for a breach of this Agreement implies a waiver with respect to prior or subsequent breaches of any provision included in the Agreement. If any provision of this Contract is held to be unlawful, void, or ineffective for any reason, such provision shall be deemed severable from the other provisions of this Contract and shall in no way affect the validity and effectiveness of the remaining provisions of this Contract. Unauthorized reproduction, even in part, of these terms and conditions is prohibited.