These General Terms and Conditions of Sale (hereinafter "General Conditions") are drafted in compliance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on the services of the information society and electronic commerce and the Legislative Decree n. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, in Chapter I of Title III of Part III (articles 45 to 67), and regulate the offer and sale of products through the website www. thefirmshop.com
The products on the Site (hereinafter the Products, also in the singular declination) are sold by Future Company SRLS, Piazzale Olimpia 18, 37138 Verona.
1.1 The General Conditions apply and govern all sales contracts concluded through the Wrecom Site, as identified above, hereinafter "the Seller".
1.2 The General Conditions may be modified at any time; each User, therefore, is obliged to consult the aforementioned, before proceeding with each purchase.
1.3 In any case, each sale will be applied the version of the General Conditions in force on the date of sending the purchase order.
1.4 The General Conditions apply regardless of the User's nationality, provided that the delivery of the products must take place in one of the countries for which the Site provides online sales, as specified in point 2 , and that this country corresponds to that of the country of registration of the User.
2.1 The purchase of Products through the Website is possible in all countries of the world.
3.1 The purchase of Products on the Website is reserved exclusively to natural persons acting as consumers and more than eighteen years of age.
3.2 Consumer means the natural person acting for purposes unrelated to commercial, entrepreneurial, craft and professional activity carried out.
3.3 The purchase made through the Website implies full knowledge and acceptance, without reservations, of the General Terms and Conditions.
4.1 To purchase online, the User must complete the appropriate form on the Website on the Checkout / Checkout page;
4.2 It is forbidden for the User to insert data, in whole or in part, untrue; the personal data and e-mails communicated must therefore be personal and real, and not of third parties and / or fancy ones.
4.3 The User, with the completion of the login form, certifies, under his sole responsibility:
4.4 Once the login form has been filled in, the User must complete an electronic order form prepared by the Vendor and send it electronically, following the instructions indicated.
4.5 As per law, before confirming the order, the Seller will make available to the User all the information referred to in art. 49 of the Consumer Code; the information relating to the right of withdrawal, in particular, is provided by means of the standard Instructions on the right of withdrawal as per Annex I part A, as provided for by art. 1 paragraph 1 of Legislative Decree no. 21 dated 21.02.2014.
4.6 As foreseen by the art. 51 paragraph 3 of Legislative Decree no. 206/2005, the function envisaged for submitting the order shows the specification "Order with obligation to pay".
4.7 To complete each order the User is required to confirm the economic transaction concerning the payment of the price of the Products included in the cart; to this end, at the end of the procedure for choosing the Products and confirming the User's data, the Website shows the bank details for the payment transfer.
4.8 Orders that do not register the corresponding economic transaction are canceled automatically.
4.9 Upon receipt of confirmation of the validity of the payment method indicated in the order and confirmation of the same, the Seller will send to the User, by e-mail, to the e-mail address provided at login, a confirmation written of the order, as foreseen by the art. 51 paragraph 7 of the Legislative Decree n. 206/2005.
4.10 The offer of Products through the Website constitutes an offer to the public pursuant to art. 1336 cc; the compilation and the correct sending of an order through the Site therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller has knowledge of the User's acceptance, formalized by means of the order form above.
4.11 The Seller, however, reserves the right not to accept the order in the case of non-authorization of payment by credit card from the relative manager.
4.12 You can, at any time, monitor the status of your order using the credentials with which you registered on the site for purchase.
4.13 The User, in any case, is always required to keep the order number communicated to him by the Seller, as it must be indicated in any communication with the Seller.
4.14 The User agrees, once the online purchase procedure is completed, to ensure the conservation of the General Conditions which, moreover, will have already been viewed and accepted, as an obligatory step in the purchase procedure.
4.16 In the case of non-acceptance of the order, the Seller will promptly notify the User, by e-mail firstname.lastname@example.org
5.1 The Products offered for sale through the Site are items in the catalog published on the Site at the time of ordering by the User.
5.2 The Products catalog may be periodically updated by the Seller, who, therefore, does not give any guarantee regarding the permanence of a product among those available online; in no case the Seller guarantees the availability of all sizes / versions for each garment / color present in the catalog.
5.3 In the product catalog, each product is accompanied by a brief description that illustrates its main characteristics; images and colors The published images, therefore, must be considered indicative and do not exceed the normal tolerances of use.
5.4 If, although selectable through the order form, the selected product is not available, the Seller will promptly notify the User by e-mail, proposing the termination of the contract of sale, and the consequent reimbursement of the price , including any shipping costs, if applied, if already paid.
6.1 Sales prices are those published on-line at the time the order is completed and are inclusive of VAT, if applicable due to the country of delivery of the Products; prices are in euros.
6.2 The prices indicated in the on-line catalog may be subject to change without notice. It is therefore the responsibility of the User to ascertain the final price before submitting the purchase order.
6.3 The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products.
6.4 The payment of the Products can only be made in the following ways:
6.5 The sales price is charged when the order is shipped.
7.1 The Products are delivered, by courier SDA, BRT or DPD, directly to the User, to the shipping address specified by them when ordering.
7.2 The Site allows you to request delivery of the Products to an address different from that of the User, provided that said is included in the country of residence of the User indicated at login; in any case, it is the User's responsibility to indicate all the necessary references to the successful delivery (for example, if it were the address of third parties, specify the name on the bell / intercom where to deliver). p >
7.3 Expected shipping costs and types may vary depending on the country and shipping methods.
7.4 These costs and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary, before the User submits the same, as well as in the order confirmation e-mail referred to in art. 4.
7.5 At the time of delivery of the Products to the courier, the User will receive a communication of confirmation from the Seller by e-mail, which will be expressly indicated the name of the courier used and the details of the shipment. p >
7.6 Delivery times for Products vary depending on the destination countries and shipping methods chosen.
7.7 In Italy delivery is expected within 24/48 hours.
7.8 Not all shipping methods provided by the couriers agreed with the Seller are available for all countries where it is possible to purchase the Products online.
7.9 In Italy, the delivery procedure provides that, in the absence of the recipient at the time of access of the courier, the person in charge will leave a notice, in order to subsequently complete the shipment, which will indicate the contact details contact to arrange the second delivery.
7.10 The User can always check the status of their order using the appropriate page on the website or by going to the courier's SDA, BRT or DPD website.
7.12 The delivery of the Products is considered completed when the consumer, or the third party designated by him and different from the carrier, physically enters the possession of the goods; from that moment, as by law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
8.1 The User acknowledges that the withdrawal of the Products represents an obligation deriving from the sales contract concluded with the Seller.
8.2 In case of non-delivery due to the absence of the recipient on the occasion of the attempts provided by the procedure applied by the courier, the parcel will remain in storage.
8.3 If, in the terms indicated by the courier in the notice left to the User, the parcel is not withdrawn, said will be returned to the Seller.
8.4. In the case referred to in point 8.3, the contract shall be deemed terminated by right pursuant to art. 1456 cc, with simple communication of the Seller sent by e-mail to the User, and, therefore, the order in effect will be canceled. Within 15 days from the communication referred to above, the Seller will proceed, therefore, to the reimbursement of the total amount paid by the User for the Products, minus the costs of the unsuccessful shipment, the costs of returning the Products to the Seller and each any other expenses that the Seller has incurred due to the lack of delivery due to the absence or inertia of the User in fulfilling the obligation to receive delivery.
8.5 Reimbursement due under Article 8.4 will be credited to the same payment method used by the User.
8.6 Subsequent to the communication referred to in point 8.4, the User who intends to request the delivery of the Products must necessarily proceed with a new order.
8.7. The Seller reserves the right to refuse orders from Users in respect of which the Seller has previously relied on the express termination clause in 8.4. for non-fulfillment of the obligation to receive delivery of the Products.
8.8 Upon receipt of the Products, the Customer is obliged to check their conformity in relation to the order, paying particular attention to: - the number of packages indicated on the letter of the carrier is corresponding to the number of packages actually delivered; - the packaging is intact and undamaged, neither tampered with. Any anomalies (such as, for example, tampering, damage to the package) must be specifically indicated in writing directly on the courier transport document, and the User must refuse delivery. At the same time, the User will be obliged to report the fact to the Seller by e-mail to email@example.com
8.9 The User is invited, therefore, to sign the transport document only after the checks referred to in Article.8.8.
8.10 If the User does not proceed according to the preceding points, and therefore accepts the delivery of the Products even in the case of damaged or tampered packaging, the User will lose the legal guarantee of conformity of the Products. p >
9.1 The User, as a consumer, has the right to withdraw from the contract of sale of the Products, as established by art. 52 of Legislative Decree n.206 / 2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User may exercise the withdrawal within 14 days from the moment in which the User, or the third party other than the carrier and designated by the User, will acquire the physical possession of the Products.
9.3 In the case of multiple goods ordered with a single order and delivered separately, the term referred to in art.
9.2 will run from the day on which the User, or the third party other than the carrier and designated by the User, will acquire the physical possession of the last good.
9.4 In case of delivery of goods consisting of lots or multiple pieces, the deadline set forth in art. 9.2 will start from the day on which the User, or the third party other than the carrier and designated by the User, will acquire the physical possession of the last lot or piece.
9.5 Before the expiry of the deadline referred to in art. 9.1, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may:
The goods if the warehouse is delivered within 5 working days, otherwise within 15 working days, unless otherwise indicated on the site (applies to all goods that we work to order)
9.6 The withdrawal deadline will be considered respected by sending the notice of withdrawal before the expiry of the withdrawal period, as determined above.
9.7 In the communication of withdrawal the User must specify the Products for which he intends to exercise the withdrawal.
9.8 Upon receipt of the notice of withdrawal, if timely, the Seller will refund to the User all payments received, including delivery costs, with the exclusion of additional costs if the User has expressly chosen a type of delivery different from the type of delivery standard delivery offered by the Seller, without delay and in any case within 14 days from the day on which it is informed of the User's decision to withdraw from the contract; the refund will be made using the same payment method used by the User for the sale in relation to which the withdrawal was exercised.
9.9 The Seller will have the right to withhold the reimbursement until he has received the Products or until the User has shown that he has returned the goods, whichever situation occurs first.
9.10 The User, once the withdrawal has been exercised, must return the Products, without undue delay and in any case within 14 days from the date in which he communicated to the Seller his decision to withdraw from the contract, by sending the aforementioned to the following address , already indicated in the standard Instructions on the right of withdrawal as per Annex I part A provided for by art. 1 paragraph 1 of Legislative Decree no. 21 dated 21.02.2014
9.11 The direct costs for the return of the Products will be borne by the User who exercises the withdrawal.
9.12 For the sole purpose of compliance with the deadline for return, the Products are considered shipped when they are delivered to the post office or to the forwarder.
9.13 The Products must be returned in the original packaging with which they were received, including any accessory documents such as tags, labels, seals, etc.
9.14 For the return of the Product, the User may use the postal service or a carrier of his choice.
9.15 All risks of loss or damage to the Products during shipment to the Seller for return are the responsibility of the User.
9.16 As foreseen by the art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the diminished value of the Products rendered resulting from a handling of the aforementioned different from that necessary to establish the nature, characteristics and functioning.
9.17 In the event that, upon receipt of the return, the Seller finds a decrease in the value of the Products attributable to the User, the Seller will be entitled to offset the amount corresponding to the aforementioned decrease in value with the amount to be reimburse the User due to the withdrawal; in this case, the Seller will inform the User within 14 days of receipt of the return.
10.1 All Products marketed through the Site enjoy the legal guarantee of conformity established by Articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer.
10.2 Pursuant to the law, the Seller is obliged to deliver the goods.
10.3 If the consumer were to find obvious defects in material or workmanship on the items ordered, it will be required to be notified by the user at the latest 10 days from the day of delivery. The right to perform and post reimbursement of damages, including the reimbursement of damages, damage instead of performance and any charges incurred. The warranty limitation period is 2 years. Add this wording: & nbsp; The right of withdrawal can not be applied to customized products or made to measure.
10.4. To be found in this article, we need to refer to the Seller for two months of discovery, under penalty of forfeiture, by contacting the Seller.
10.5 The Seller will find the User's communication, which will take place at the Seller's expense.
10.6 The Seller will have the right to request the purchase of the invoice or other document certifying the date of completion of the sale.
10.7 If operating, the legal guarantee of conformity, or the remedy requested is objectively impossible or excessively burdensome compared to the other available. / p>
10.8 The user will be entitled to request, at reasonable price or termination of the contract of sale, only if the repair or replacement is impossible or excessively expensive, or the repair terms or the repair or replacement carried out
10.9 Under no circumstances to minorities defect entitles the holder to terminate the contract. 10.10 Are excluded from the defects of conformity, and therefore from the legal guarantee any faults or damages caused by accidental or liability of the use of the product, or from normal wear and tear.
11.1 The Users 'data are processed in compliance with Legislative Decree 196/2003 (Privacy Code), as specified in the information on the processing of personal data given to the User when completing the login form.
12.1. The following addresses are indicated to which you can contact us for further information or assistance or to make claims: firstname.lastname@example.org
12.2 All communications that, submitted to the General Terms and Conditions, are made by e-mail.
13.1 The sales contract concluded pursuant to the General Conditions is governed by Italian law.
13.2 For any controversy that may be related to the aforementioned, the Court of the place of residence or domicile of the User will be competent, in the case of consumer resident or with domicile in Italian territory. If the User is not resident or has been domiciled in Italy, in the event of the dispute an action may be between the Court of Rome and the Court of the place of residence or domicile of the User, as an alternative to each other; in the case of action promoted by the User, the Court of Rome will have exclusive exclusion.
On the e-commerce site of Future Company SRLS you can find hyperlinks (Hyperlinks) with other websites, proposed to provide a better service to their users. Future Company SRLS is in no way responsible for the content of the websites that users may access through their site. The existence of a Hyperlink to another site does not therefore imply endorsement or acceptance of responsibility by Future Company SRLS about the content of the new site accessed, also in relation to the policy adopted for the processing of personal data, as well as to its utilization