GENERAL CONDITIONS OF SALE

​

​

1. Object

   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”), by clicking and/or flagging the checkboxes specifically and separately provided relating to the GCS (named “Terms and Conditions” on the Site) and to the unfair terms (named “Unfair Terms” on the Site) laid down herein, 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”).

   2. The online purchase of Products (hereinafter, “Service”) takes place following the placement of an Order by the Customer on the Site.

   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. It is the Customer’s responsibility to consult that which is published by FS on the Site, before engaging in the purchase of the Products, and FS is expressly indemnified for any claims and/or requests, for whatsoever reason, of the Customer.
       

2. Description of the Service

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. The Service is exclusively reserved for end users who are “consumers” pursuant to article 3, paragraph 1, letter a), 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, craft 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.

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 to FS, subject to successful payment of the price of the Products, which the Customer undertakes to make, by credit card or PayPal, at the time of the Order, and without prejudice to the full acceptance of these GCS and of the Unfair Terms contained herein. Failure of FS to receive the full price of the Products will result in the impossibility of concluding the Contract, and the Customer hereby waives any claims, for whatsoever reason, in this respect. The Customer acknowledges and expressly accepts that the Products’ images and colours 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, and any liability of FS, for whatsoever reason, in this respect, is excluded.

4. Once the Order has been received, and the related payment of the price of the Products has been made (subject to successful payment), the OC will be sent to the Customer, to the email address provided by the Customer at the time of purchasing the Products, containing the description of the Products, the cost of the Products and the delivery already paid for by the Customer on the Site, these GCS together with the Unfair Terms laid down herein and accepted by the Customer, an indication of the Products’ methods of delivery or collection through Pay&Collect, the expected timing of delivery.

5. Any import duties and customs fees will be charged to the Customer when the purchased Products arrive 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.

6. The Contract will be considered finalised at the time of sending the OC to the Customer.

7. FS will issue the relevant invoice at the Customer’s request, which should be done within 5 (five) days from the Order by filling in the appropriate online form on the Site or by sending an email to amministrazione@fabbricaservizi.it once the aforementioned procedure has been completed.

8. With regard to delivery or collection of the Products, the Site, automatically, i) in the event of the Products being delivered to the Customer, will 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 send the indications of the exact place, date, and time available for the collection of the Products on the premises.

9. 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.

10. The choice to receive the Products at home is made at the time of placing the Order, in a separate section. Once the Order has been completed, the Customer will no longer be able to change the address of delivery. Any shipping and transport fees will be at the charge of the Customer.

11. Any shipping fees additional to those already paid by the Customer upon finalising the online Order will not exceed 20% of the amount already paid, and will be communicated to the Customer within 72 (seventy-two) hours from the reception of the OC. The Customer will have 24 (twenty-four) hours to cancel the Order if the cost of such fees is excessively high.

12. 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 2.09 (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.

13. The Customer, both in the case of delivery and in the case of Pay&Collect, will receive the Products with the Transport Document.
     

1. Right of Withdrawal

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 purchased Products by the Customer or, in the case of Pay&Collect, from the day of collection by the Customer.

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 duomoshop@fabbricaservizi.it, which will be followed by the sending of the “Withdrawal Form” to the Customer by FS, to be returned completed and signed to FS by email to the address above.

3. Once the right of withdrawal has been exercised, according to the procedures referred to in article 3.2 above, 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, and the Customer hereby waives any objection in this regard.

4. The Products must be returned intact, unused, in their original packaging (where present), and with the purchase invoice and/or OC.

5. If the right of withdrawal is exercised following the methods and terms indicated in this article 3., 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.

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.

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.
    

1. Exclusion from the Right of Withdrawal

1. The Customer, pursuant to article 59, paragraph 1, lett. c) 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.

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.
    

1. Refund

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, and FS will be completely indemnified for any and all claims in this respect, for whatsoever reason, including of the person who received the Products subject matter of the Order and which have been subsequently returned.  
    

1. Legal Guarantee of Conformity

1. By lack of conformity, it is intended the case in which the Products purchased by the Customer do not comply with the Contract.

2. The guarantee referred to in article 6.1 above applies within the terms of the law to Products that have defects of conformity to the Contract which exist at the time of delivery and which become apparent within two years from such moment, 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 (including, but not limited to the Products’ label). There is no lack of conformity if, upon concluding the Contract, the Customer is specifically informed of the fact that a peculiar feature of the Products deviates from the objective requirements of conformity laid down by law and the Customer expressly and separately accepts such deviation upon concluding the Contract, or if the lack of conformity derives from instructions or materials supplied by the Customer.

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 in the storage of the Products;

• 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.

1. Should a lack of conformity be found, the action to invoke the lack of conformity becomes time-barred, in any event, after a period of 26 (twenty-six) months from the date of delivery and/or collection of the Products. To report a lack of conformity, the Customer must contact FS via email at the following address duomoshop@fabbricaservizi.it and fill in the “Complaint Form” that will be sent by FS to the Customer by email. 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.

2. In the event that a lack of conformity is reported according to the aforementioned methods, FS will, pursuant to article 135 quater of the Consumer Code, offer the Customer the reduction of the price paid at the time of purchase, proportionate to the decrease in the value of the purchased Products, or the termination of the Contract, except where the lack of conformity is minor, with subsequent 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. In such case, the shipping fees for the return will remain at the charge of FS.

3. 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), taking into account all the circumstances referred to in article 135 bis of the Consumer Code.

4. The Customer acknowledges and expressly accepts that FS performs its activity as reseller of the Products by sending the defective Products to specific service centers, or directly to the manufacturer, by carrying out periodical random checks on the Products to verify their conformity and quality.
    

1. Force Majeure Causes (hereinafter, “Force Majeure Causes”)

1. Force Majeure Causes means the occurrence of an event or circumstance which prevents a party from fulfilling one or more of its obligations under the Contract, if and to the extent in which the party affected by the impediment demonstrates:

1. that such impediment is beyond its reasonable control; and

2. that it could not be reasonably foreseen at the time of concluding the Contract;

3. that it would not have been reasonably possible for the affected party to avoid or overcome the effects of the impediment.

1. In the absence of evidence to the contrary, it is assumed that the following events suffered by a party satisfy the conditions a) and b) of article 7.1 above, while the said party must only prove that the condition c) of article 7.1 above is satisfied:

• war (whether declared or undeclared), hostility, invasion, acts of a foreign enemy, wide military mobilisation;

• civil war, riot, rebellion, revolution, military or usurped power, insurrection, terrorist acts, sabotage, or piracy;

• currency restrictions or restrictions on commercial exchanges, embargo, sanctions;

• acts of the authority, be they licit or illicit (including those linked to Covid-19 epidemic), compliance with laws or government measures, rules, expropriation, seizure of goods, requisition, nationalisation;

• plague, epidemic and/or pandemic (including Covid-19), natural disasters or extreme natural events;

• burst, fire, destruction of equipment, protracted interruption of transport, telecommunications, or power supplies;

• spread social conflicts such as, in particular, boycott, strike and lockout, work-to-rule, occupation of factories and buildings;

• liturgical events or upon indication of the Law Enforcement Authorities.

1. In the event of Force Majeure Causes, FS will be discharged from the obligation to fulfil its contractual obligations and from any liability to damages or other contractual remedy for non-fulfilment, starting from the moment in which the event impedes the fulfilment of the contractual obligations, it being expressly understood that, with regard to the purchase of the Products, the provisions of these GCS will apply.
    

1. Information and Complaints

1. For any information or complaint, or for any communication relating to these GCS, the Orders and/or the Products, the Customer can contact Customer Service by writing to duomoshop@fabbricaservizi.it.
    

2. Applicable Law and Jurisdiction

3. 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.

4. While not expressly indicated in these GCS, the Consumer Code and Italian Civil Code apply.

5. For any dispute in any way connected to the Contract between FS and the Customer according to these GCS, the Court of the place where the Customer resides or elected domicile will be competent.

***

Milano, October 28th 2022