General Terms and Conditions of Sales
(in accordance with Chapter 3, Title 3, Section 3, of the Legislative Decree 206/2005 and subsequent modifications and additions)
1. Preamble and efficacy of the General Conditions. These General Conditions of Sale (hereinafter, “ General Conditions”) have as their object
the regulation of the purchase of products and services, ordered at distance and made available, through a web based network, from the website: www.karoma.it (hereinafter, the “ Website ”) in accordance with the Italian legislation as specified in the Legislative Decree 206/2005 and subsequent modifications and additions (hereinafter,“ Consumer Code ”).
The Seller of the products and Owner of the Website IS : FEIO srl,45,Via delle Fontane, – 84012 Angri (SA) Italy, VAT registration number 03961810656 . The Consumer accessing the Website in order to shop (hereinafter, “Customer”), before sending the order, has to read carefully the following General Conditions which have been put on the Website at his disposal and will be available at any time to be consulted by the Customer even through the link included in the confirmation mail of each order.
In the case that the person making purchases on the Website asks for issuing of invoice and/or is not a “Consumer or User” as defined in the Article. 3,(1)(a) of the Consumer Code, there won’t be the application of the regulation of withdrawal, as specified in the Article 7 of these General Conditions, nor, more generally, of the estimates that, according to the same Consumer Code, are applied uniquely to the “Consumers”. The contracts concluded with FEIO srl,through the Website are regulated by these General Conditions in the respect of the Italian legislation.
2. Choose and Order the products.
The characteristics and price of the various products on sale on the Website (hereinafter, “Product” or “Products”) are described in the section related to each Product.
Sending the order from the Website, that has contract application value, the Customer acknowledges and declares of having taken vision of all the information given to him during the buying procedure and to accept thoroughly these General Conditions and the payment conditions reported.
The contract stipulated between FEIO srl and the Customer is to be considered concluded with the acceptance of the order from FEIO srl. This acceptance is communicated to the Customer by an e-mail, confirming the order, containing a reference to these General Conditions, the number of the order, the information about the expedition and potential invoicing, the list of the Products ordered with their essential characteristics and the total price, delivery cost included.
The Customer will check the confirmation e-mail and in the case that he discovers any mistakes in the order, he will have 12 hours of time, since the moment he receives the e-mail, to answer it and to point out potential mistakes. After this deadline the order will be put into processing for shipment and changes will not be possible anymore, without detriment for the rights of the Customer, referred to in the Article 7 below.
Once received the order, FEIO srl, will verify the availability of the stocks for the processing of the order itself. If one or more Products were not available, the Customer service FEIO srl will send immediate communication via e-mail to the Customer, who, in the following 12 hours, will have the possibility to answer, in order to confirm the shipment of potential further products available, or to cancel it. In case there will not be an answer within this time, the order will be considered confirmed and the Products available will be put into shipment. If only few products were not in stock, FEO srl will process the order with the Products available. In both cases, the sum related to the missing products will be deducted.
3. Information about the Products
The information and the characteristics regarding the Products are available, with their related product codes, on the Website.
The visual representation of the Products on the Website, when available, generally corresponds to the photo image accompanying the descriptive sheet. Let it be understood that the image of the Products has the only aim to present them for the sale and may not be perfectly representative of their characteristics and qualities; it may differ for colour and dimensions. In the case of discrepancy between the image and the Product sheet, the Product sheet prevails.
4. Prices and shipment
Products prices cover all the taxes and tributes. All the prices are in Euros.
5. Methods of payment and invoicing
5.1 Methods of payment
The Customer will be able to pay the price of the Products and the equivalent shipping costs using PayPal. Once the order is confirmed, the Customer will be redirected to PayPal Website where he will be able to make the payment through his bank account or using a card or prepaid card, or, eventually, in accordance with the methods accepted by PayPal and in the respect of the related conditions.
5.2 Invoicing of the orders.
In the case the purchase is made by a professional buyer, it will be possible to ask for the issuing of an invoice by ticking the appropriate box during the order procedure and entering the invoicing data including fiscal code and/or VAT registration number. In this case the invoice will be sent by e-mail to the given address. The professional buyer is responsible for the valid entry of the data of invoicing and is explicitly informed that, if the invoice is not requested during the order procedure, it will not be possible to request it later. It is to be understood that the professional buyer will not be able to ask for the right of withdrawal as set out by the Article 7.
6. Transport and Delivery
Products purchased on the Site will be delivered to the address indicated by the customer, during the purchase procedure in the reference field “Shipping Data”. All the purchases will be delivered via express courier service (hereafter, “Courier”) from Monday to Friday, except holidays. FEIO S.r.l. is not responsible for unforeseeable delays or not attributable to it. Once the Products are delivered, the customer will receive a confirmation e-mail in which it will be included a link to refer for the tracking of shipment.
Active Delivery services in Italy:
The service provides 2 delivery attempts to the address indicated by the Customer at the time of order. After each step a warning will be left. On the second unsuccessful delivery attempt the Courieur will provide to call the addressee of the order on the telephone number indicated, in order to arrange the delivery. In case it would not be possible to contact him or in case of absence, the merchandise will return to the FEIO S.r.l. warehouse.
7. Right of withdrawal
The right of withdrawal may be exercised, in accordance with the terms and conditions shown below, exclusively by the Customers who are consumers ex Article 3,(1)(a), of the Consumer Code.
The Customer/consumer has the right to withdraw from the purchase contract for any reason without the obligation to give explanations, except in the circumstances of exclusion set out in the following Article 8.
To exercise the right of withdrawal the Customer/consumer is required to send a registered letter with proof of delivery to FEIO srl , 45- Via Delle Fontane, 84012 Angri (SA) Italy. In this letter the Customer will state his will to exercise the right of withdrawal specifying the details of the order: personal data( name, surname, address, telephone number, e-mail address), number and date of the order, list of the products purchased and to be given back, date and signature.
FEIO srl Customer Service, once received the communication, will see for the opening of a procedure for the management of the returned goods and will give to the Customer the instructions for the redelivery of the Products, which will be provided and paid by the Customer himself.
The right of withdrawal may be exercised only if all the conditions below are respected:
– the Products must not have been opened and the seals of packaging must not be altered and/or damaged;
– wrapping, packaging and labels of the Products must be in perfect conditions;
– the Products must be given back in their original package and perfectly sealed.
No refund will be due to the Customer in the case that the conditions above described, for as regards integrity of the Products and packaging, have not been respected.
In the case of exercise of the right of withdrawal, FEIO srl, will refund the Customer the sum of the returned goods within 30 days from the date of restitution of the Products and upon evaluation of the conditions described above.
8. Exclusion of the right of withdrawal
In addition to the purchases made by a non-consumer buyer and/or who requests an invoice, the right of withdrawal is excluded in the following cases, in accordance with the Article 59 of the Legislative Decree 21/2014:
– Order of Products made to measure or clearly customised;
– Order of Products which are at risk of deterioration or of expiring rapidly;
– Order of Products sealed which cannot be given back for hygienic reasons or reasons linked to the protection of the health or because they have been opened after the delivery.
In the case the Product is made up of multiple components or parts, it is not possible exercise the right of withdrawal only on a part of the Product purchased.
With reference to the cases of exclusion from the right of withdrawal above mentioned, the Customer, in particular, will be informed and accept that among the products “at risk of deterioration or of expiring rapidly” are included all the food Products (wine, alcohol and drinks) since the characteristics and qualities of such Products are subject to alteration also as a result of an incorrect storage.
Therefore, for hygienic reasons and safeguard of the Customers, the right of withdrawal is applicable uniquely to the Products purchased on the Website which can be returned to FEIO srl and put back on the market again without danger for the health of the Consumers ( such as books, gadgets, kitchen tools etc.).
9. Errors and limitations of liability
Information relative to provided Products through the Site is constantly updated. However it is not possible to guarantee the complete absence of errors of which FEIO S.r.l. will not be considered responsible, except in case of intentional fault or serious misconduct.
FEIO S.r.l. reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to edit or update the information at any time without prior notice.
Unless it is result of fault or serious misconduct, it is excluded every Customer’s right of compensation or recognition of compensation, as well as any contractual liability or non-contractual liability for direct or indirect damages to people and/or goods, caused by the rejection or evasion, even partial, of an order.
10. Law applicable and competent court
The sales contract between the Customer and FEIO S.r.l. shall mean concluded in Italy and governed by the Italian Law. For settlment of dispute relating to interpretation, execution or resolution of these General Conditions or of single purchase orders if the Customer is a consumer pursuant to the Consumer Code, it will be competent exclusively the court of his municipality of residence if it is situated in the italian territory; in other cases, the territorial jurisdiction is exclusively of the Nocera Inferiore (SA) court, any other jurisdiction court excluded.
According to article 1341 c.c. the Client declares that he has read and accept specifically the following articles of these General Conditions: 7 (withdrawal), 8(exclusion of the right of withdrawal), 9(errors and limitations of liability).