GENERAL CONDITIONS OF SALE
1.1 The present general conditions of sale (hereinafter, “GCS”) by Fabbrica Servizi S.r.l., with its registered office in Via Carlo Maria Martini 1, 20122 Milan, tax code and Milan Business Register registration number 00871260105, VAT number 09552690159 (hereinafter, “FS”), represent the contractual conditions which, accepted by the final customer (hereinafter, “Customer”) together with the online Order (hereinafter “Order”) and with the subsequent Order Confirmation (hereinafter, “OC”) sent to the Customer by FS, will govern the Sales Contract (hereinafter, “Contract”) between FS and the Customer, relating to online purchases from the website www.duomoshop.com (hereinafter, “Site”) of products sold directly by FS (hereinafter, “Products”).
1.2 The online purchase of Products (hereinafter, “Service”) takes place following the placement of an Order by the Customer on the Site.
1.3 FS reserves the right to make any changes and/or variations to that which is published on the Site, at any time and at its own discretion, without any prior notice.
2. Description of the Service
2.1 The Service is carried out by FS in full compliance with the legislation related to distance selling and in particular to Articles 49 and the following of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions).
2.2 The Service is exclusively reserved for end users who are “consumers” pursuant to Article 3 of the Consumer Code. The term “consumer” means any natural and/or legal person who purchases the Products in the manner indicated in these GCS for purposes not related to their own commercial, entrepreneurial, or professional activities that may be carried out. By expressly and unconditionally accepting these GCS, the Customer declares to purchase the Products for purposes other than those aforementioned and undertakes to observe these GCS in their relations with FS.
2.3 The Service referred to in these GCS is implemented by the Customer filling in the required fields at the moment of checkout on the Site and at the subsequent sending of the Online Order. The Customer acknowledges that the images and colours of Products present on the Site may not correspond to those in reality due to the device used, therefore, these images must only be considered as indicative and/or representative, and do not constitute a binding element of the Contract.
2.4 Once the Order has been received, the OC will be sent to the Customer, containing the description of the Products, the cost of the Products and the delivery already paid for by the Customer on the Site, and an indication of the Product’s methods of delivery or collection through Pay&Collect.
2.5 Any additional delivery costs on top of those already paid by the Customer when completing the online Order will not exceed 10% of the amount already paid, and will be communicated to the Customer within 72 hours of receipt of the OC. The Customer will have 24 hours to cancel the Order should the cost of these expenses be excessively high.
2.6 Any import duties and customs fees will be charged to the Customer when the purchased Product arrives in the Country of destination as indicated by the Customer. These charges will be borne by the Customer and may vary from State to State.
2.7 The Contract will be considered finalised at the time of sending the OC to the Customer, without prejudice to the provisions of Article 2.5.
2.8 FS will issue the relevant invoice at the Customer’s request, which can be done through the appropriate flag on the Site at the time of Order or by sending an email to email@example.com once the aforementioned procedure has been completed.
2.9 With regard to delivery or collection of the Products, FS, i) in the event of the Products being delivered to the Customer, will contact the chosen carrier, and send a link to the Customer to the email indicated in the Order to track the delivery, ii) in the case of Pay&Collect, will contact the Customer with indications of the exact place, date, and time available for the collection of the Products on the premises.
2.10 In case of delivery of the Products, FS cannot be held responsible for any delays; express delivery times are indicative and in no way binding to FS, which uses couriers, according to the methods and timings of the carrier, on account of the distance in kilometres, the Customer’s availability, and/or as specified in the transport conditions.
2.11 In the case of Pay&Collect, the Customer undertakes to collect the Products no later than 30 (thirty) days from the date indicated by FS pursuant to the above Article 2.10 (during the opening hours of the collection point as indicated by FS), it being expressly understood that, upon expiry of the aforementioned terms, FS will send a communication to the Customer by email expressly indicating the circumstance that, in absence of collection of the Products by the Customer in the following 5 (five) working days from the date of sending the aforementioned email, the Contract will be considered terminated by law, without the need for further communication by FS, and FS will no longer be obliged to deliver the Products, of which FS will become the sole owner, and will have the full right to definitively withhold the amount already paid by the Customer in favour of FS. Under no circumstances will the Customer’s failure to collect the Products be considered as exercising their right of withdrawal.
2.12 The Customer, both in the case of Delivery and in the case of Pay&Collect, will receive the Products with the Transport Document.
3. Right of Withdrawal
3.1 Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without any penalty and without specifying a reason, within 14 (fourteen) days, beginning, in the case of Delivery, from the day of receipt of the Products or, in the case of Pay&Collect, from the day of collection.
3.2 In accordance with Article 54 of the Consumer Code, in order to withdraw from the Contract and return the purchased Products, the Customer may send FS an email request for withdrawal to firstname.lastname@example.org, which will be followed by the sending of the Withdrawal Form to be returned completed and signed.
3.3 Once the right of withdrawal has been exercised, the Customer, at their own expense, must return the Products: a) by bringing the Products directly to the delivery point indicated by FS or b) by sending the Products by registered mail to the FS warehouse located in Via Pattari 6, 20122, Milan. Returns must be made no later than 14 (fourteen) days from the Customer’s communication to FS of their decision to withdraw from the Contract. In the event that the Customer does not comply with this deadline, FS will have the full right to definitively withhold the amount already paid by the Customer in accordance with the Contract.
3.4 The Products must be returned intact, unused, in their original packaging (where present), and with the purchase invoice.
3.5 If the right of withdrawal is exercised following the methods and terms indicated in this article, FS will send the Customer, by email, the relative confirmation of acceptance of the returned Products and reimburse the sum already paid to FS for the purchase of the Products according to the methods and terms set forth in the following article.
3.6 FS has the right not to accept the return or not to refund the full sum paid for those Products that are lacking the relative label and/or original packaging and, in any case, the invoice, or those in which the essential and qualitative characteristics have been altered, or those that have been used or damaged.
3.7 Should the methods and terms for exercising the right of withdrawal referred to in this article not be respected, the Customer will not be entitled to a refund of the amount already paid to FS. In this case, FS will notify the Customer by email of the non-acceptance of the return. Within 14 (fourteen) days of receipt of the communication with which FS informs the Customer of the non-acceptance of the return for the aforementioned reasons, the Customer may request to reclaim, at their own expense, the Products in the state in which they were returned to FS, communicating this to the latter by email.
4. Exclusion from the Right of Withdrawal
4.1 The Customer, pursuant to Article 59 of the Consumer Code, will not be able to exercise the right of withdrawal under the terms of Article 3 above, in the following hypothesis: the supply of made-to-measure or clearly personalised goods.
4.2 For “made-to-measure or clearly personalised goods”, in this case, products relating to the “Capolavori” line in which the Customer can request customisation in the form of subject, size, frame, colour, and material, which constitute specific and irreversible production, as they cannot be qualified as predefined standards and/or alternative options.
5.1 Upon receipt of a return request and having verified the correct execution of the terms and conditions indicated in Article 3 above, FS will reimburse the Customer for the sum collected from the sale of the Products without delay and in any case within 14 (fourteen) days from the day in which FS is informed of the Customer’s decision to withdraw from the Contract pursuant to Article 54 of the Consumer Code. FS will carry out the refund using the same method of payment used by the Customer for the purchase of the returned Products. Should there be no correspondence between the recipient of the Products indicated in the Order at the time of checkout on the Site and whoever made the payment of the sum due for the purchase, the refund, in case of the exercise of the right of withdrawal, will be made by FS, in any case, to the person who made the payment.
6. Legal Guarantee of Conformity
6.1 All Products are covered by the legal guarantee of 24 (twenty-four) months for lack of conformity, in accordance with the applicable law.
6.2 By lack of conformity, it is intended the case in which the Products purchased by the Customer do not comply with the sales contract. The guarantee applies within the terms of the law to Products that have defects that are not found at the time of purchase, provided that the Products themselves have been stored in compliance with the instructions on the packaging or labels, used correctly and with due diligence by the consumer, or in compliance with their intended use and following the provisions laid out in any documentation attached to the Products.
6.3 By way of non-exhaustive example, FS is not liable for any damage and/or defect connected with or deriving from:
normal wear and tear of the Products;
negligence in the use and storage of the Products;
from inappropriate, negligent, or improper use of the Products by the Customer;
small imperfections related to the special finishing processes (such as grain of wood in the “Capolavori” frames line due to the production’s artisanship).
FS reserves the right to verify the actual existence of the reported defect.
6.4 Should a lack of conformity be found, in accordance with Articles 128-135 of the Consumer Code, the Customer is required to report the defect within 24 (twenty-four) months from the date of delivery and/or collection of the Products and no later than 2 (two) months from the discovery of the defect itself. To report a lack of conformity, the Customer must contact FS via email at the following address email@example.com and fill in “Complaint Form” that will be sent. A copy of the proof of purchase (invoice) must be attached to the “Complaint Form”, otherwise it will not be possible to activate the legal guarantee of conformity provided for by the Consumer Code.
6.5 In the event that a lack of conformity is reported according to the aforementioned methods, FS will, pursuant to Article 130, Paragraph 9 of the Consumer Code, offer the Customer a refund of the price paid for the purchase of the defective Products after the return of the Products to the following address Via C. M. Martini 1, 20122, Milan, complete with the original packaging and any accessories. If the Customer would rather be interested in restoring the conformity of the purchased Products, they will alternatively have the right to request the repair or replacement of the defective Products, without charge, unless the reparation requested is excessively costly or objectively impossible (such as in cases where the parts to be repaired or the Products themselves are out of production or the manufacturer has ceased commercial activity).
7. Information and Complaints
7.1 For any information or complaint, or for any communication relating to these GCS, orders and/or Products, the Customer can contact Customer Service by writing to firstname.lastname@example.org.
8. Applicable Law and Competent Court
8.1 The GCS are governed by Italian law and must be interpreted according to the Italian language, the official language (and prevailing over other languages) of the Contract between FS and the Customer.
8.2 While not expressly indicated in these GCS, the Consumer Code and Italian Civil Code apply.
8.3 For any dispute in any way connected to the Contract between FS and the Customer, the Court of Milan will be exclusively competent, excluding any other alternative and/or competing court.
Milan, 24 February 2021