The following General Terms and Conditions apply to any consultation or order placed on the website www.fmcurvati.eu (the “Website”) of F.M. Curvati SRL with registered office in Alcide De Gasperi 12, Saccolongo, 35030, Italy, Share Capital € 84,000- Chamber of Commerce of Padua, n.129143-, Fiscal Code and VAT number 00764960282 (“F.M. Curvati S.R.L.”) .
These General Terms and Conditions may be amended time by time, also following any changes in the law. The new General Terms and Conditions are effective from the date of publication on the Website.
GENERAL CONDITIONS OF SALE
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CONCLUSION OF THE CONTRACT
1.1 F.M. Curvati SRL offers for sale on the Website www.fmcurvati.eu its products to final consumers, i.e., to adults who are not incapable of purchasing for purposes not related to their commercial, entrepreneurial or professional activity, if any (the “Customer”).
F.M. Curvati SRL therefore reserves the right not to carry out orders coming from subjects other than the “Customer”.
1.2 The contract stipulated between F.M. Curvati SRL (hereinafter referred to as the “Seller”) and the Customer shall be considered concluded with the acceptance, even if only partial, of the order by F.M. Curvati SRL. In the event of non-acceptance, F.M. Curvati SRL shall promptly notify the Customer.
1.3 By placing an order in the different ways provided, according to the order form on the Website (hereinafter the “Order”), the Customer shall read all the information provided during the purchase process and fully accept these general conditions (hereinafter the “Conditions”).
1.4 The hereby Conditions may be printed or saved on a durable digital support, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
2. PURCHASE MODALITIES
2.1 The products offered for sale by F.M. Curvati SRL are only those available on the Website when the Order is placed, as described in the related information sheets.
In any case, it is understood that the images included in the description of a product are for information purposes only and may not be fully representative of the product features, but may differ -for example- in colour and size (also due to the browser and monitor used to access the Website and view the images).
2.2 In order to place an Order, the Customer must fill out the relevant form available on the Website in its entirety and send it by following the instructions on the Website, after carefully examining these Conditions, as well as the characteristics of the product and/or the products the Customer intends to purchase, the relative price (including all applicable taxes or duties) and the shipping costs.
The Customer may request the invoice from the Customer Service after having received the email confirming the shipment only if at the moment of the purchase the Customer has clicked on “Do you want to request the invoice?” and has inserted the fiscal code.
2.3 F.M. Curvati SRL shall confirm the correct receipt of the Order by e-mail reply, sent to the e-mail address provided by the Customer. Such confirmation message shall contain the General Conditions of Sale and briefly the information on the Right of Withdrawal and therefore all the information contained in the commercial and contractual conditions viewed before placing the Order (the main product features, the price information details, the payment terms, the return modalities and the shipping costs) in order to allow the Customer to review such information.
2.4 F.M. Curvati SRL may not be able to proceed with Orders that are incomplete or inexact or in case of unavailability of the products. In such cases, F.M. Curvati SRL shall inform the Customer of the non-conclusion of the contract, specifying the reasons thereof.
If the products on sale on the Website are no longer available at the time the Order is received by the Seller, the Seller shall inform the Customer as soon as possible.
If the Order has been concluded and the price has already been paid for a product that is no longer available, the Seller will refund the Customer, without undue delay, the amount paid and the contract concluded between the parties shall be considered resolved.
3. PRICES AND PAYMENT TERMS
3.1 The prices indicated on the Website are to be considered inclusive of taxes and VAT. Any shipping costs or payment charges are in any case communicated in advance to the Customer through the Website.
3.2 Purchases can only be made by credit or debit card, PayPal, bank transfer or other methods indicated on the Website, case by case.
Please note that there are no additional costs in relation to the payment method chosen.
3.3 If payment is made by credit card, debit card or bank transfer, the financial information (such as, for example, the card number and/or expiry date) will be sent by encrypted protocol to Stripe or to another banking institution, which provides the relevant remote electronic payment services, without third parties being able to know it in any way. Such information will also be used by the Seller only for the purpose of following up the purchase or for the eventual reimbursement procedure in the event of a return, following the exercise of the withdrawal right or to report to the police any commission of fraud.
3.4 Under no circumstances and at no stage of the payment F.M. Curvati SRL shall be able to know the information related to the Customer’s credit cards, which shall be directly transmitted through a protected connection to the website of the bank managing the transaction. F.M. Curvati SRL shall not store such data in any computer archive and therefore in no case may it be held responsible for any fraudulent and undue use of credit cards by third parties at the time of payment.
4. DELIVERY OF PRODUCTS AND SHIPPING COSTS
4.1 The purchased products shall be delivered to the address indicated by the Customer in the Order, by F.M. Curvati SRL and its logistic service providers, at the cost specifically indicated on the Website before sending the Order.
4.2 The delivery times of the products may vary with respect to the information provided on the Website, due to causes not attributable to F.M. Curvati SRL and not within its control. When the products are delivered, the Customer shall sign the delivery note after having duly checked:
4.2.1 that the number of packages delivered corresponds to the number indicated in the waybill.
4.2.2 that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials (adhesive tape or metal straps).
4.3 Any damage to the packaging and/or to the product or the mismatch with the number of packages or the indications shall be immediately detected by putting a specific indication on the delivery document of the product to be returned to the courier.
4.4 Any problems concerning the physical integrity, correspondence or completeness of the products received should be reported within 7 days from the delivery to allow F.M. Curvati SRL to proceed with the appropriate checks. In any case, the above does not affect in any way the right of return or the legal warranty on the product.
5. WITHDRAWAL AND RETURN RIGHT
5.1 The Customer has the right to withdraw from the purchase contract for any reason, without giving reasons and without penalty, within 14 (fourteen) days from the date of delivery of the products.
5.2 If the Customer intends to make use of this right of withdrawal, the Customer shall, within the aforementioned term of 14 calendar days from the date of receipt of the information regarding the return procedure from the Customer Service, send the product to F.M. Curvati SRL.
5.3 The procedure relating to the right of withdrawal is completely available in the “Return and Refund Policy” section of the website.
5.4 The goods must be returned intact, together with the original packaging (including any accessories, labels, tags, seals, etc.) and, if necessary, used according to normal diligence, without any signs of wear or dirt, in compliance with the following conditions:
- the right of withdrawal may apply to the purchased product in its entirety; it is not possible to exercise withdrawal only on a part of the purchased product (including accessories: labels, tags, seals, etc.).
- the shipment of the products, until the certificate of receipt by F.M. Curvati SRL, is under the complete responsibility of the Customer. Therefore, in the event of damage to the products during transport, F.M. Curvati SRL shall inform the Customer, so that he can promptly file a complaint against the carrier and obtain the relevant refund; the product shall then be made available to the Customer, while cancelling the request for withdrawal or indicating to the Customer the reduction in value of the goods and the relevant refund;
- F.M. Curvati SRL shall not be liable in any way for damage, theft, loss occurring during shipment or anyway in connection with the return.
5.5 F.M. Curvati SRL shall refund the Customer the full amount paid within 14 (fourteen) days from the date of withdrawal. F.M. Curvati SRL shall be entitled to suspend the reimbursement until the receipt of the returned product or until the Customer proves to have correctly returned the product, if earlier.
5.6 Unless otherwise agreed, F.M. Curvati SRL shall refund the Customer the entire amount paid, using the same means of payment used by the Customer.
In any case, the Customer shall not be charged any cost for the return.
5.7 After the return of the products, F.M. Curvati SRL shall carry out the necessary verifications concerning the conformity of the same with the conditions and terms indicated in this document. If the verifications are not concluded positively, F.M. Curvati SRL shall communicate to the Customer, by e-mail, the existence of a reduction in the value of the returned products, due to the non respect of the above mentioned conditions. At the same time F.M. Curvati SRL shall communicate the amount that shall be deducted from the refund, without prejudice to the possibility, otherwise, for the Customer to re-obtain, at his own expense, the products in the same state as they were returned to F.M. Curvati SRL.
5.8 Should the right of withdrawal be forfeited for any reason whatsoever, F.M. Curvati SRL shall return the purchased product to the sender, charging the sender with the shipping costs and, if already refunded, the price of the product.
5.9 For further information on return policy (including refund policy) and product change service, please refer to the “Return and Refund Policy” section.
6.1 All products sold by F.M. Curvati SRL are covered by the legal warranty of 24 (twenty-four) months for conformity defects, pursuant to Title III of Legislative Decree 206/2005.
6.2 The warranty against defects of conformity shall only apply to products that have been used correctly, in accordance with their purpose and with the care instructions supplied with the product.
7. COMPLAINTS AND REQUESTS FOR INFORMATION
7.1 Any complaint or request for information may be addressed to F.M. Curvati SRL at the following address: Via Alcide De Gasperi 12, 35030 Saccolongo PD, Italy, or by contacting Customer Service.
9. GOVERNING LAW
9.1 The contract of sale set forth in these Conditions and its execution is governed by Italian law, excluding the conflict of laws rules and the United Nations Convention for the International Sale of Goods. For the purposes of settling disputes, the Court of the Customer’s town of residence shall have jurisdiction.
10. INTELLECTUAL PROPERTY
The elements published on the website of F.M. Curvati SRL, including, in particular, the logo, registered trademarks, texts, photographs, images, drawings, models or tables, constitute works protected by intellectual property rights or personal rights. The total or partial reproduction or representation of this website is therefore forbidden without the prior and express agreement of the holders of these rights and may constitute an act of counterfeiting sanctioned by the provisions of the Intellectual Property Code and/or a criminal act entailing civil liability for the violators of these rights.