Termini e Condizioni del servizio
Pursuant to and for the purposes of Decree Law No. 185 of 22/05/1999 "Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts" and Circular No. 3487/C of 01/06/2000 of the Ministry of Industry concerning Legislative Decree No. 114 of 31/03/1998 "Regulations for the sale of goods by electronic means. Electronic commerce."
The object of this contract is the purchase and sale of non-food products in the quantity and quality chosen by the consumer by telematic selection on www.fallanivenezia.com.
From the moment the consumer accesses and uses the site www.fallanivenezia.com he/she is subject to and agrees to be legally bound by the terms and conditions set out below including all documents.
We invite you to examine this document carefully before using the services. The consumer may refrain from accessing or using the website if he/she does not wish to accept and comply with these terms and conditions.
Art.1 - Definitions Supplier of goods and services (also called Merchant):
Cannaregio, 5001/A, 30121 Venezia (VE)
As owner of the Internet site:
User or customer of the site
Art.2 - Nature of Assets
The goods and services for sale are those described on the pages of www.fallanivenezia.com, where the product name and description, if any, contain the essential characteristics of the goods.
This data is subject to change, updated periodically, for the purpose of further improving the service for the consumer.
Art.3 - Prices and Availability of Products
Product prices are clearly indicated on the website and are inclusive of VAT. To the price of the product must be added the shipping cost where applicable, the amount of which varies depending on the delivery method requested, as well as customs duties where due. In the event that the product is not available, you will be promptly informed by e-mail. The price of the goods purchased is the price summarised in the order form at the time the Customer accepts these conditions by telematic selection and sends the order form to www.fallanivenezia.com, still in telematic mode (directly on-line, by e-mail or by fax). The prices and availability of products marketed by Fallani Venezia through www.fallanivenezia.com are subject to change without notice.
Art.4 – Contratti d’acquisto stipulati da minorenni
Purchases may only be made by persons of legal age. However, should a purchase be made by a minor by providing false information regarding age, or false indications for purchasing the desired object and/or for accessing the desired data, the parents shall be directly liable for payment of the purchased item, without prejudice to the withdrawal regulations set out in Article 7 of these terms and conditions of sale.
Art.5 - Orders/Billing
Orders are accepted in writing, by e-mail, Internet. The conclusion of the contract is subject to the Customer making payment of the full amount by one of the permitted methods of payment. The Fiscal Invoice may also be issued after delivery of the goods, within the time period stipulated by law.
Article 6 - Delivery of Goods
Delivery of the goods shall take place within the terms indicated in the proposal, to the address indicated by the consumer and via the courier appointed bywww.fallanivenezia.com. The identification of the goods and the relative transfer of ownership shall take place at the time the goods are handed over to the Courier. With this act the delivery obligation incumbent on Fallani Venezia will also be considered fulfilled. In order to avoid fraud, the Courier reserves the right to check an identity document which proves the coincidence between the order information and the credit card holder. For the same purpose, it is necessary for the customer to provide a telephone number, which will be used with extreme correctness, in order to give more security to the transaction/shipping, as well as the name on the intercom/doorbell, if present. If at the time of delivery the addressee is absent, the person in charge will leave a message/notice to agree with the Customer on another delivery time or to allow the collection of the parcel at the nearest courier office. Upon receipt/collection, the Customer is required to check the integrity and quantity of the goods in the presence of the delivery agent; if the packaging of the shipment shows obvious signs of tampering or deformation that may suggest any damage or alteration to the contents, the Customer must ACCEPT the package by clearly indicating on the delivery receipt (Transport Document or Waybill) the conditions that are evident; or, if the package does not show any visual evidence of any breakage, accept it by ALWAYS signing the delivery note with the wording "I ACCEPT WITH RESERVE OF CHECK" so that the contents of the shipment can be checked and the condition of the goods can be ascertained later. In the event that one or more of the products are not in perfect condition because they have been damaged during transport, the Client, after having made a note on the delivery note "GOODS WITH VISIBLY DAMAGED PACKAGING", must inform Fallani Venezia by e-mail at email@example.com within 3 (three) working days. Fallani Venezia will open a damage file and, at its own expense, within and no later than 30 days from the date of delivery or notification, replace the damaged products or, if this is not possible, refund the Client in part or in full. In the event that the Customer contacts Customer Service after the third working day, Fallani Venezia will be entitled to decide to open a damage case for the replacement of the goods.
The goods travel at the risk and peril of the buyer even if sold free at destination. Transport costs are inclusive of insurance where possible and are the responsibility of the buyer.
Any customs fees are ALWAYS borne by the customer and must be paid directly to the applicant, be it the Courier, the Customs Agency or another party.
Art. 7 - Right of Withdrawal
Fallani Venezia guarantees the right to withdraw from the purchase contract, referring to Legislative Decree 22/05/1999, n.185 "Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts" and subsequent amendments. The Customer may exercise the right of withdrawal no later than 15 days from the date of receipt of the goods. This right must be exercised by sending a written communication by registered letter with acknowledgement of receipt to: Fallani Venezia, Cannaregio, 5001/A, 30121 Venezia (VE). The notice may also be sent, within the same term, by e-mail addressed to firstname.lastname@example.org, provided that it is confirmed by registered letter with acknowledgement of receipt within the following forty-eight (48) hours. The goods shall be returned to the Merchant intact, in an unaltered condition and complete with the original packaging, at the Customer's expense, within and no later than 15 days from the Communication of withdrawal. Fallani Venezia will provide for the re-credit of the sums paid (excluding the costs of the first shipment) within a maximum of 30 days from the date on which it became aware of the exercise of the right of withdrawal by the Client and in any case not before having received the return shipment and checked the condition of the goods subject to withdrawal. The costs and risks associated with the return of the products shall be borne by the purchaser. It should be noted that Community legislation provides that the right of withdrawal may only be exercised by natural persons (consumers) acting for purposes that can be considered unrelated to their business activity. The right of withdrawal, therefore, CANNOT be exercised by legal persons and natural persons acting for purposes related to a commercial activity. Also excluded from the right of withdrawal are purchases made by resellers or by persons who, for any reason, purchase for resale to third parties. The right of withdrawal does not apply to the supply of goods made to measure or clearly customised or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly. It should also be noted that, in the case of prize operations (so-called promotions), in which the purchase of one good is combined with another good that is sold at a derisory price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods purchased, given the constraint of the ancillary nature of the promoted good with respect to the first.
Art.8 - Fallani Venezia Guarantees
a) Nel caso che uno o più prodotti fossero non corrispondenti a quanto richiesto, Fallani Venezia si impegna a sostituirli con una nuova fornitura o, qualora ciò non fosse possibile, a rimborsare il loro importo, entro e non oltre il termine di 30 giorni dalla data di di ricevimento del reso e a seguito di segnalazione, da farsi entro 3 giorni lavorativi, da parte del Cliente. I Prodotti inesatti devono essere ritornati a Fallani Venezia con spese a carico della stessa entro il termine di 15 giorni dalla consegna, e comunque dopo accordi con il Cliente per le modalità del ritiro da parte di Corriere incaricato. Gli stessi dovranno essere restituiti integri, in condizioni inalterate e completi della confezione originale e collocati nel loro imballo originale, o in ogni caso in imballi idonei a permettere una spedizione sicura. Fallani Venezia si riserva il diritto di sostituire, a proprie spese, i prodotti inesatti o a rimborsare il loro importo solo ed esclusivamente in seguito al rientro in sede e al controllo degli stessi. c) Segnalazione/Sostituzione prodotti difettati: Nel caso di merce ritenuta difettosa, il Cliente dovrà, entro 14 giorni dalla data di ricezione dell’ordine, informare con una e-mail a email@example.com, so that we can immediately identify any problem and find a solution together.
Art.9 - User Responsibility
a) Fallani Venezia shall not be liable for any damages resulting from the use or misuse of the service provided by Fallani Venezia. In no event shall Fallani Venezia, its representatives and employees, be liable to the User or anyone else.
b) Fallani Venezia assumes no responsibility for errors and omissions within www.fallanivenezia.com or any website that may be referred to or linked.
c) Fallani Venezia does not guarantee that the service will meet your requirements.
d) Fallani Venezia reserves the right to continuously update the site www.fallanivenezia.com at any time. The Information may contain inaccuracies of any kind or typing errors.
e) Fallani Venezia does not guarantee that the services performed by www.fallanivenezia.com will be provided without interruption, this shall be stated in advance except for causes beyond Fallani Venezia's control.
f) Fallani Venezia is solely responsible for evaluating the accuracy, completeness and usefulness of the information provided through the www.fallanivenezia.com website.
g) Fallani Venezia disclaims any liability to the buyer or any third party for any indirect, incidental, consequential, punitive or exemplary damages (including, without limitation, loss of profits, revenue, business opportunities) arising out of or in connection with a product or service provided by Fallani Venezia, or from the use or inability to use the same.
h) Fallani Venezia shall not be held responsible for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, the execution of the contract within the agreed time. Fallani Venezia shall not be liable to any party for any damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the Client having the right only to a refund of the price paid.
i) Without prejudice to cases of willful misconduct or gross negligence on the part of Fallani Venezia, it is agreed as of now that if Fallani Venezia is found to be liable for any reason whatsoever towards the Client, including the case of total or partial non-fulfilment of the obligations assumed by Fallani Venezia towards the Client as a result of the execution of an order, the liability of Fallani Venezia shall not exceed the price of the Products purchased by the Client and for which the dispute has arisen.
10 - User Responsibility
The User is obliged to ensure that the data entered is true, complete and up-to-date and to promptly notify any changes thereof. In the event that false declarations are made, the loss of the benefits obtained from the services provided is foreseen. Fallani Venezia reserves the right to remove such subjects from its user lists, after a formal and unaccepted invitation to self-correction.
Art.11 - Copyright and Trade Mark
WHEREAS, the pages of www.fallanivenezia.com are not intended to voluntarily reproduce any material subject to copyright or in violation of the law; WHEREAS, for any original and protected material published on www.fallanivenezia.com the source is cited, in the event of any infringement of material subject to copyright, whoever the owner of the same is, is required to notify Fallani Venezia (via e-mail to firstname.lastname@example.org) who will immediately investigate and resolve, once the situation is ascertained, by removing such content. Please note that every product or product name and description thereof, every name and description thereof, company, entity, name of persons, trademark, logo mentioned in this site are trademarks or designs belonging to their respective owners or holders and may be protected by patents and/or copyrights granted or registered by the competent authorities. It is further declared that all the contents of the www.fallanivenezia.com site, such as text, files, tables, information contained within the pages of the site, graphic elements, HTML, logos, buttons, icons, images, graphics, audio-video tracks, the compilation (meaning the collection, arrangement and assembly), all software, source codes, application projects, formulas, algorithms, databases, etc., used in the site are to be considered the exclusive property of Fallani Venezia or of its suppliers of content and products and are protected by national laws (L. 663/1941 and subsequent amendments) U.S. and international laws on copyrights, patents and those relating to intellectual and/or industrial property. You may not modify, duplicate, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this web site, even if you do not intend to make a profit. Illegal uses of images, photos, original banners made by Fallani Venezia will be particularly monitored. Any authorisation must be requested in writing by e-mail and will be considered accepted only with the express consent of the administrators of Fallani Venezia , also in writing. Silence does not give rise to any authorisation. Any use other than that provided for in these "General and Contractual Terms and Conditions of Sale" including the reduction, modification, distribution, transmission, reproduction, display or performance of the contents of this site is forbidden and any unauthorized use of the resources present on www.fallanivenezia.com constitutes a violation of copyrights, unless more serious offence, and exposes the person responsible to the civil and criminal consequences provided for by art. 171, 171-bis, 171-ter, 174-bis and 174-ter of Law 633/1941 and subsequent amendments.
Article 12 - Place of Jurisdiction
This contract is governed by the rules of the legal system of the Italian Republic. The Court of Venice shall have exclusive jurisdiction over any dispute arising from this contract.