The individual enterprise Belluzzi Andrea, with registered office in Italy, at Via del Lavoro, 25 46031 Bagnolo San Vito (MN) and head office in Italy, at Via Nuova 3/A, C.A.P. 46026, Quistello (MN), VAT no. 02545220200, certified email address: firstname.lastname@example.org, registered in the Chamber of Commerce and Industry of Mantova, and in the Business Register with tax code and inscription number BLLNDR74T23H143K, classified as a Minor Entrepreneur (special section), hereinafter called the “Company”, makes available to any user of the website with the legal capacity to act (hereinafter called the “Client”) the possibility to buy through the website www.fumogallery.com (hereinafter called the “Site”), products (hereinafter called the “Goods”) which appear in the menus called Shop. The Site uses the services of the following Internet Service Provider: HostekHosting Technologies s.r.l., with registered office address in Italy, in Florence, C.A.P. 50143, Piazza Pier Vettori n. 9, tax code and VAT no. 05434210489, registered in the Chamber of Commerce and Industry of Florence, with Economic and Administrative Index no. 546715, Tel. (+39) 199443956.
1. General notes
These general conditions of sale (hereinafter called “General Conditions” or “GCS”), are governed by Italian law, specifically, by the Consumer Code (Legislative Decree 206/2005 and subsequent amendments), and by the regulations governing electronic commerce (Legislative Decree 70/2003 and subsequent amendments), and they are applied to the distance selling via the internet of the Goods advertised on the site www.fumogallery.com. These GCS cancel and replace any preceding agreements which may have been made, in writing or verbally. The contract entered into online according to the procedure outlined in these General Conditions shall, In Italy, be considered to have been finalised between the Client and the Company at the legal address of the latter. All of the Goods purchase contracts entered into through the Site will be governed by these GCS. In the event that changes are made to the GCS, which can be amended at the discretion of the Company at any time and without any notice, the Client will only be bound to the conditions that were published on the Site at the time that they sent their acceptance (hereinafter called the “Order”), which will be discussed in more detail below at points 2 and 3.
The Company, which, according to art. 12 of Legislative Decree 09.04.2003, n. 70 (amended by Directive 2000/31/Ce), is the provider of an online service, informs the Client that any Order placed by him/her will be saved in a digital format and on paper at the aforementioned ISP, as well as at the Company’s legal address, while taking all appropriate safety and privacy precautions. The client may request a copy of the Order and of these GCS (which can always be printed from the Site), by sending a written request to: email@example.com.
2. Type of contract
3. Procedure for acquiring the Goods
Users who wish to purchase the Goods listed on the Site must first register on the Site by completing the fields shown in the form called “Register” with true information. Said activity, though it is required for any later operations including any potential purchase, does not in itself imply the existence of a contractual link, and it may be carried out solely for the purpose of receiving updates and/or information, following consent from the Client, regarding the actions carried out by the Company through the Site. In order to successfully complete the registration process, it is necessary to provide an active email address and provide consent regarding the treatment of personal data according to Legislative Decree 196/2003, which is the “Code regarding the treatment of personal data”. By registering their own name on the Site, the Client agrees to be considered an adult according to Italian law, which sets the age of majority at eighteen. If the user is not eighteen or older they may not register on the Site. Any abuse of the registration process will be prosecuted according to current legislation. Once the registration process has been successfully completed, the user will receive an email from the Company, with a link which the user must click on to confirm their registration (this step is necessary to validate the email address provided by the user). After this procedure, users will be able to enjoy their own personal account on the Site, where they will be able to review all of their purchases and their status at any time. Once it has been created, the account can be modified at any time by accessing the appropriate menu.
In case you have a Facebook account, it is possible to make a direct registration to the Site with it just by clicking on “Sign up whit Facebook”
WARNING! TERRITORIAL LIMITATIONS:
Anyone in the world can make acquisitions on the Site, but the Company limits the delivery of Goods to the countries indicated below. If the Client would like the delivery to be made to a place not on this list, they must first send an email to firstname.lastname@example.org to obtain a specific delivery quote (see also point 7 of these GCS). Countries always delivered to: ITALY, AUSTRIA, BELGIUM, DENMARK, FINLAND, FRANCE (mainland only), CORSICA, GERMANY, UNITED KINGDOM, IRELAND, SWITZERLAND, LIECHTENSTEIN, LUXEMBOURG, NORWAY, THE NETHERLANDS, SWEDEN , SPAIN (excluded CEUTA and MELILLA), THE BALEARIC ISLANDS, THE CANARY ISLANDS, CYPRUS, GREECE, MALTA, PORTUGAL (mainland only), MONTENEGRO, BULGARIA, ESTONIA, LATVIA, LITHUANIA, POLAND, ROMANIA, SLOVENIA, HUNGARY.
In the event that the Client wishes to proceed with the acquisition of a Good, according to the conditions of sale, they must express their willingness to accept the proposal by filling in and sending the Order. Depending on the chosen method of payment, sending the Order implies that the Client will either carry out a bank transfer (available only to Clients living in Europe) or make a payment through PayPal or credit card. The Client must carefully complete the fields of the “Purchase Order” form, indicating, if different, the billing details and the delivery address for the product and the subsequent documentation. It is mandatory to complete these fields in order to provide the best possible service to the Client in a timely manner. Since the Client will be required to specify whether they are a business or self-employed professional (indicating their corresponding VAT number), or a private individual who qualifies as a consumer (indicating only their Tax Code), we should clarify the definition of “consumer”, as indicated in art 3, paragraph 1, letter a) of the Consumer Code, whereby a consumer is understood to be “any natural person acting without entrepreneurial, commercial, or professional motivation”. It is possible to acquire several Goods in a single Order, in which case they will all be delivered together. The Client can then specify whether they want to insure the delivery of the purchased Goods or not, also stating whether they agree to pay the additional indicated fee for said service. In the event that uninsured goods are lost or damaged during delivery, no compensation or reimbursement will be due other than what is prescribed by the Law, which is equal to 1 Euro per kg of the gross weight of the shipment (transported by road). At this point, the Client may indicate the payment method that they wish to use from those accepted by the Company: bank transfer (only for Clients in Europe, SEPA) or through PayPal (available to everyone) or credit card (available to everyone). At this stage of the Order completion, the Site’s software will automatically display a list indicating the following: the Good selected, its code and brief description and the complete cost of the Order “Grand Total”, including shipping charges, representing the exact amount that the Client will have to pay to obtain the requested service. If after reading these GCS, the Privacy and Cookies Notice, and having checked the billing details they entered, the delivery address, as well as the codes for the desired goods, the full cost, including delivery charges (plus the cost of insurance, if selected), and having verified the selected payment method, therefore being aware of the full cost of the operation, the Client decides to proceed with the acquisition, they must confirm the Order by clicking on “Submit Order”.
As said above, the acquisition contract will be understood to be completed once the Order is sent to the Company and they become aware of it, at which point they will send the Order Confirmation to the Client at the address provided. Said Order Confirmation will contain a summary of the purchased Goods with their corresponding codes, their prices (including delivery charges); the delivery address provided, these GCS and the number of the Order (hereinafter called the “Order Number”). The Client is responsible for carefully checking that all the information contained in the Order Confirmation is correct, and, in the event that any corrections need to be made, they should contact the Company via email to the address email@example.com within 24 hours of receiving the Order confirmation, detailing the changes that need to be made. The Order Number, automatically generated by the system, must always be written down by Client and stored in a secure place, as it will always be required in any future communication between the Client and the Company regarding the Order in question. Due to the possibility of multiple Orders being placed simultaneously for the same Goods resulting from the inherent nature of the online environment in which the Company interacts with its users, and even though the Company makes every effort to always be fully stocked with the products that they offer for sale, in the event that any given Good ordered by Client turns out not be available after they have placed an Order, the Company undertakes to inform the Client of the situation as soon as possible (within 2 to 3 days), indicating the new delivery time for the items purchased, and asking the Client whether they wish to proceed with the original Order or not. The Client, being aware of this possibility, waives any right to obtain damages or compensation, however they are defined, and to bring forward a claim or dispute regarding any contractual responsibility or tort, for direct or indirect damages to persons or things resulting from the temporary unavailability of the selected Goods and the resulting failure to fulfil the Order. In the event that the Client does not confirm the Order after being given the new delivery time, the Company agrees to fully refund any payment received through the Order related to the unavailable Goods, using the same payment method selected by the Client. A copy of the contract documentation, Client Order, Order Confirmation issued by the Company, applicable GCS, payment/credit invoice, any documentation regarding the shipment/delivery of the Goods, any documentation regarding the right to cancel or to a change of mind, as well as any written communication with the Client, will all be archived by the Company in a secure and protected way, using their own IT management system. The Client may, at any time, request a copy of this information by contacting the following email address: firstname.lastname@example.org.
All of the prices indicated the Site regarding any Good on sale are expressed in Euro (€) and inclusive of Italian VAT (22%). They do not include shipping costs, which will be displayed and included in the total amount of the Order, since these costs vary according to the weight and/or volume of the shipment, as well as the end delivery destination. The total amount that the Client agrees to pay the Company is the amount which is displayed when they click on “Submit Order” and in the issued Order Confirmation sent to the User. The Company reserves the right to modify their prices at any time and without any prior notice. The prices paid by the Client will be those that are in force at the time that the Order is made. Any cost, fee, charge, and/or tax, of any kind, wherever they may be due, in relation to customs regulations and/or procedures will be covered exclusively by the Client.
5. Payment details
The payment for the Order must be made at the time that it is sent to the Company. The payment should be made online by means of a bank transfer (only for Clients in Europe, in the SEPA), or alternatively through PayPal.
The Company’s IBAN is: IT 80 U 02008 57840 000420017695 – Swift UNCRITM1M99 .
The payment reference should specify: the Order Number. A copy of the invoice/payment receipt must be scanned and sent to the company at the following address: email@example.com.
In order to make a payment via PayPal it is necessary to register and activate a specific PayPal account on PayPal’s website (for further information on how to activate the account, please visit PayPal web-site). Company’s e-mail address to be inserted on PayPal website during the payment procedure is the following: firstname.lastname@example.org During the payment process on PayPal the user should specify whether the shipping address is different from the billing address. In order to make a payment via credit card it is necessay insert number credit card
The Goods will be delivered to the SHIPPING address indicated on PayPal.
For security reasons regarding bank transfers, the Company reserves the right to request a copy of the Client’s identification. The Company will issue an invoice for the amount of the Order, and include it with the Goods delivered to the address indicated by the Client. In the event that the billing address and shipping address are different, a copy of the invoice will be scanned and also sent to the email address indicated by the Client in the Order; the original copy will always accompany the shipment. The information provided by the Client in the Order will be used to create the invoice; it is therefore important for the Client to carefully check that the information they have provided to the Company is correct at all times. The Company will not be able to receive and/or acquire financial information about the Client, and therefore, nor will they be able to archive or store this kind of information in any way. The only piece of financial information of the Client that the Company may gain knowledge of is the Client’s IBAN number, in the case of users who are part of the SEPA area and have opted to pay for the Goods by means of a bank transfer, and subsequently exercised their right to cancel the contract, insofar as this information is necessary to return the payment amount; however this information will not be archived, it will be deleted as soon as the procedure for which it was required has been completed. Therefore, during the payment of the Order, the Client will be operating independently and with fully autonomy, sending their data only to the managers of the service payments they have used.
6. Terms of orders fulfilment
This section refers to the time between the Client’s payment has been confirmed, and the time that the Company delivers Good to the courier responsible for delivery: this period of time shall not be less than two (2) working days, and never more than fourteen (14) working days, and it will depend mainly on the amount of Orders that are being processed simultaneously.
7. Delivery method, times, and costs and Express termination clause
The Company will make the delivery using specialised couriers appointed and contracted by them. The courier will be fully responsible for any damage to or loss of the Goods, as well as for any delay in the delivery of the shipment. Regardless of where the residence of the Client is, and what the billing address is, the only Countries to which the Company will deliver the Goods are the following: ITALY, AUSTRIA, BELGIUM, DENMARK, FINLAND, FRANCE (mainland only), CORSICA, GERMANY, UNITED KINGDOM, IRELAND, SWITZERLAND, LIECHTENSTEIN, LUXEMBOURG, NORWAY, THE NETHERLANDS, SWEDEN , SPAIN (excluded CEUTA and MELILLA), THE BALEARIC ISLANDS, THE CANARY ISLANDS, CYPRUS, GREECE, MALTA, PORTUGAL (MAINLAND ONLY), TURKEY, BULGARIA, ESTONIA, LATVIA, LITHUANIA, POLAND, ROMANIA, SLOVENIA, HUNGARY, MONTENEGRO
Should the Client reside in a Country not listed in the list above, they may contact the Company prior to making a purchase to the address email@example.com in order to obtain a direct quote from the Company of delivery times and costs specifically calculated for each case. Shipments to PO boxes are not possible.
The Company will start the delivery process only when it will have received evidence that payment of the Goods has taken place. The Company will notify the Client of the start of the delivery process by means of an email, containing the estimated delivery time, the tracking number provided by the courier, and the corresponding link for tracking the status of the parcel online. From the time that the Company entrusts the Goods to the courier, to the time in which they are delivered to the Client, no more than thirty (30) days working days (weekdays) should pass. Should this period of time be exceeded, however, no responsibility can be attributed to the Company. The Client or the Client’s designated representative should be present at the time of delivery, in order to ensure that the package is in good condition and that the Goods received correspond to those placed in the Order and confirmed in the Order Confirmation. In case of visible defects, the Company invites the Client or their representative to immediately point out any defects in the transport document carried by the courier (which may also be in digital form), and to immediately inform the Company at the following email address: firstname.lastname@example.org. The delivery will be made at street level between 08:30 and 19:00 from Monday to Friday. The courier is contracted to attempt two successive deliveries to the address indicated by the Client. In the event that no one is available to accept the delivery at the first attempt, the courier will leave a card with a telephone number to coordinate the second delivery attempt. In the absence of contact, the courier will make the second attempt on the next working day. If the second attempt fails, the courier will keep the package for up to ten (10) calendar days, at the cost of six Euro (€6.00), and this amount must be covered by the Client. During the ten-day period described above, the Client may contact the courier to agree a new a delivery attempt. If the Client has not contacted the courier within the aforementioned ten (10) day period, the Order will be automatically cancelled, in accordance with and as a result of art. 1456 (Express termination clause) of Italian Civil Code; the Company will notify the Client via email about his will to use this clause as a result of Client’s non-fulfilment, and the company will reimburse the amount already paid by the Client, minus the delivery and storage costs. The delivery charges will be covered by the Client and they will be suitably highlighted in the calculation automatically generated in the system with item “Grand Total”, before the user decides whether or not to confirm the Order. The company will be exempt from any responsibility connected to and/or resulting from the failed delivery of the goods, including in the case of unforeseeable events or force majeure (for example, strikes, riots, natural disasters).
8. Right to cancel orders
If the Client qualifies as a “consumer” as defined in art. 3 of the Consumer Code (“any natural person acting without entrepreneurial, commercial, or professional motivation”), and has not provided any VAT number in the Order, they qualify for the rights referred to in art. 52 et seq. of the same Code, and, therefore, they have the right to cancel the contract entered into with the Company for any reason, without having to provide an explanation or pay a penalty, in the manner indicated below.
Cancellation for conclusive facts is not accepted.
The period of time during which it is possible to cancel the contract is fourteen (14) days, counting from the day on which the Client or their representative have physically acquired the Good, which is recorded in the courier’s tracking information. The right to cancel is exercised by sending back the Good, including everything that constitutes the initial kit (packaging, manuals, accessories, and documentation), together with the properly filled-in “Cancellation Form” (also included in the package) within the fourteen (14) day time period, to the following address:
Via Nuova 3/A
46026 Quistello (Mn)
As long as it is within the designated period, the Cancellation Form can also be anticipated via email to the following address: email@example.com. Date as per sending of the declaration. Once the right to cancel has been exercised, the Company will sent the Client an email with the cancellation file number (hereinafter called the “Cancellation Number”). Said Cancellation Number should be quoted by the consumer Client when returning the Good, and in any subsequent communication with the Company.
The Good must be returned within fourteen (14) days from the date on which the consumer gets physically possession of the Good. The return date will be the date on which the consumer has entrusted the Good to a postal service or courier to deliver it to the legal address of the Company.
Users are reminded that any delivery costs involved in returning the Good which is the object of cancellation must all be paid by the consumer Client, and that the return stage is fully their responsibility; and therefore the Client is advised to insure the delivery. In order for the cancellation to be considered as valid, the consumer Client should first check that all of the Goods being returned are intact and in good condition, in their original packaging, and complete with all of their parts (packaging, accessories, manuals, and any other included documentation). According to current legislation, the consumer will be responsible for any potential loss of value suffered by the Good as a result of it being handled in a different way from what is normally necessary to establish the nature and characteristics of the Goods received, or from how the consumer would have handled it in-store. Goods which are not in perfect condition will not be accepted for returns, including soiled Goods, or which show signs of damage or improper use, or which are missing any part of the initial kit. In these cases the Client will be informed via email that the cancellation request has not been accepted, and the Company will return the Goods to the sender, who will be charged for any applicable delivery charges. The same will apply if the Client, notwithstanding the fact that the deadline to exercise their right has elapsed, still sends the Goods to the Company in an attempt to cancel the purchase. If the right to cancel has been correctly exercised, the Company will reimburse the consumer Client the full amount paid, including the original delivery costs, within fourteen (14) days, counting from the date that they are informed of the consumer’s decision to cancel the contract: however, the company reserves the right to withhold the reimbursement amount until they have received and checked the Goods. The amount paid will be reimbursed using the same payment method used by the consumer in the initial transaction, under the condition that no additional fees are incurred as a result of the reimbursement.
9. Duties of the Client
The Client undertakes to carry out each of the following actions: – communicate and enter into the Site only their own, true, and authentic information, avoiding entering data belonging to other people or data that is false; – to not register twice as a single user; – upon purchasing a Good, to print and store a copy of these GCS (which they will have expressed their knowledge of and agreement with before confirming the Order) and the Order Number, which is included in the Order Confirmation sent from the Company at the conclusion of the procedure described in these Conditions of Sale; Any abuse of these conditions will be prosecuted in accordance with current legislation. – to direct their communications, declarations, and complaints in the manner described in these GCS and to the addresses provided herein.
10. Legal guarantees
–Legal guarantee of compliance for the Client consumer–
The Client consumer (hereinafter called the “Client Con.”), as defined in art. 3, paragraph 1, letter a) of the Consumer Code (“any natural person acting without entrepreneurial, commercial, or professional motivation”), or who has not provided a VAT number in the corresponding field, qualifies for the right to a legal guarantee, provided for in the aforementioned Code, in articles 128 to 133. ‘Conformity’ of the product is understood to mean that the Good is suitable for the purpose for which it was advertised and which other similar goods are used for. The conformity must relate to the description of the Good as well as the offer made by the Company. Unless otherwise stated by the Company before providing it, the Good must have the level of quality and usability that the Client Con. can reasonably expect, taking into account the nature of the Good. Among other things, these rules require the Client Con., under penalty of forfeiture, to present a complaint to the Company regarding any defects of the Good, within two (2) months from them being discovered. Following said complaint, the Client Con. will have the right to request that the Good is repaired or replaced, with no detriment to any of their other legal rights. By virtue of the legal guarantee, the Company is responsible for any non-conformities which manifest within two (2) years from the date that the Good is delivered; after this time the Company cannot be held responsible for any lack of conformity identified by the Client Con. The costs of sending the Good to the Company, whether to be repaired or replaced, will be covered by the Client Con. and subsequently reimbursed by the Company. In the event that, upon receiving the Good, the Company does not recognise the right of the Client Con. to the guarantee, in the form of a repair or replacement, they will send them en email outlining their reasons and requesting instructions for returning the Good. Should the Company replace or repair the Good, the terms of the guarantee for the replaced or repaired Good are the same as for the original product. In the event that the Company has recognised the right of the Client Con. to be covered by the guarantee, the delivery costs involved in transporting the Good for repair or replacement will be covered by the Company. In the event that it is not possible for the Company to replace the Good, the Client may agree to receive another Good with similar characteristics and value; alternatively, the full amount paid by the Client Con. will be reimbursed by the Company. Any Good which is sent to the Company with a request by the Client Con. to activate the guarantee procedure must arrive intact, undamaged, and with all of the attached items included when the Good was first delivered to their address. In order to ensure that the guarantee procedure is applied correctly, the Client Con. is recommended to include their purchase invoice with their complaint. It is therefore important to keep the invoice when it is received. For further information regarding the legal dispositions governing this matter, the Client Con. is invited to consult the Consumer Code, articles 128 and following. The complaint relating to the non-compliant Good should be addressed to the following email address: firstname.lastname@example.org.
–Guarantee for NON-consumer Clients (professionals)–
The Client professional (hereinafter called the “Client Prof.”), as defined in art. 3, paragraph 1, letter c) of the Consumer Code (“any natural or legal person who carries out business, commercial, or professional activities by themselves or through an intermediary”), has the right to the legal guarantees provided for in the Italian Civil Code. Among other things, this guarantee requires the Client Prof., under penalty of forfeiture, to present a complaint to the Company regarding any defects of the Good, within eight (8) days from the date of delivery in the case of an obvious defect, or eight (8) days from the date of discovery for hidden defects. In both cases, the aforementioned guarantee is only valid within twelve (12) months from the date of delivery of the product; beyond that period the Company cannot be held responsible for any obvious or hidden fault which may be discovered by the Client Prof. In order to ensure that the guarantee procedure is applied correctly, the Client Prof. is recommended to include their purchase invoice with their complaint. It is therefore important to keep the invoice when it is received. Complaints relating to potential faults should be addressed to the following email address: email@example.com.
Any form of guarantee, for any kind of Client, is rendered void if the Goods are not used in the manner and for the purposes for which they were intended and for which they were put on sale, disregarding the indications provided in writing by the Company regarding the use of the Good or in these GCS for particular Goods that appear in the Shop (bikes from FUCK OIL series and chairs from WAR CHAIRS series).
–Conventional guarantee of authenticity-
Regarding Goods which have specific indications in their details section, when the Company sells goods to the Client, they also provide a certificate of authenticity duly signed by the person who made/designed them. This is done in order to guarantee the full traceability of the Good to the Client, back to the original design and manufacture by the subject responsible for these processes. The declaration of authenticity is delivered together with the Good.
12. Photographs, technical descriptions
The photographs used on the Site to present the Goods are the property of the photographer who took them and they cannot be used by third parties. Said images are for decorative purposes only and though they display the Goods on sale, they cannot be considered in any case to be part of the contractual dossier that will follow the sale contract entered into between the Company and the Client, whether consumer or professional. Only the technical description (hereinafter “Technical Description”) of the Good will be applied in order to determine its compliance with the contractual proposal, albeit within the limits given in the Site. Any other descriptions found on the Site which provide descriptions and explanations regarding the Goods, facts, and/or persons, cannot in any case be considered part of the contractual dossier created after the formalisation of the sale contract entered into between the Company and the Client, whether consumer or professional. Said descriptions should be considered to be the property of the Site, and insofar as they are protected by the law, they may not be used by any other party.
These GCS expressly state which mode of communication should be used for the different activities and/or procedures, including the addresses that the Client should use to contact the Company. Below is a summary of all of them:
– Company’s head office, for sending back Goods in case of cancellation: Belluzzi Andrea, via Nuova n.3/A, 46026 Quistello (Mn), Italy;
– email address for receiving information regarding purchases with specific contracts other than these GCS, as well as for Clients who wish to be sent Goods and who do not reside in one of the countries listed in the “Territorial Limitation” above: firstname.lastname@example.org.
– email address for general inquiries regarding general contract issues governed by these GCS: email@example.com;
– PEC address: (Company’s certified email address), for any of the Client’s privacy needs: firstname.lastname@example.org,
14. Applicable law, jurisdiction, limitation of liability, partial nullity, changes
Based on Italian law, the sale contract formalised online between the Client and the Company is considered binding in Italy and to have been formalised at the Company’s address. Whenever the specific regulations governing the protection of the Client Con. are not applicable, any legal dispute that is connected or not to the online sale contract entered into through the Site will be under the exclusive jurisdiction of the Court of Mantua (Italy). The Company cannot be liable for any consequence resulting from the improper use of any Good bought on the Site, or from use under conditions that are different to those provided for in the contract, and which would usually be able to be foreseen by a user with average diligence and foresight. The Company is also not liable for any kind of indirect damage resulting from the acquisition or non-acquisition of a Good advertised on the Site. Any invalidity and/or ineffectiveness of any of the dispositions in these GCS shall not be understood to also apply to its other provisions. Any changes to these GCS, including additions, partial or total replacements, or the removal of certain sections, shall be done in writing and be signed by the Company’s legal representative.
Last updated February 2018