The Buyer expressly declares to be of age (18 years of age) and to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Supplier identification
The goods covered by these general conditions are offered for sale Fuxia di Morelli Pamela, registered with the Florence Chamber of Commerce of the Business Register, CF n. MRLPML77R67D612G VAT number 05550430481 hereinafter referred to as "Supplier", email address fuxiafirenze@gmail.com.
1. Definitions
1.1. The term "online sales contract" means the purchase and sale contract relating to the Supplier's movable tangible assets, stipulated with the Purchaser as part of a remote sales system, via telematic tools, organized by the Supplier.
1.2. The term "Buyer" means the consumer who is a natural person making the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression "Supplier" means the person indicated in the epigraph.
2. Object of the contract
2.1. With this contract, the Supplier sells to the Purchaser who purchases, remotely and through telematic tools, the movable tangible assets indicated and offered for sale on the site www.fuxiafirenze.com illustrated on the web page
3. How to stipulate the contract
The contract between the Supplier and the Buyer is concluded exclusively through the internet, by accessing the Buyer at www.fuxiafirenze.com, following the procedures indicated; the Buyer can formalize the proposal, aimed at the purchase of the goods referred to in point 2 of the previous contract.
4. Conclusion and effectiveness of the contract
4.1. The presentation of products on the site constitutes an invitation to purchase.
4.2 The products can be purchased after selecting each one, adding them to the cart, after using this button.
Once all the items that the buyer intends to purchase have been selected, the Close Your Cart button must be authorized to submit the order.
A summary page of the selected products, their price and delivery options (with related costs) will then appear.
You will be prompted to choose your preferred delivery, transport and payment method. Through the "Buy now" button, the order will then be forwarded.defective.
This order will therefore be considered as a contractual purchase proposal for the listed products, each considered individually. Upon receipt of the order, an order acceptance message will be sent automatically ("Order Confirmation"). The Order Confirmation does not constitute acceptance of the purchase proposal, but only confirmation of having received the order and having submitted it to the data verification process and the availability of the requested products.
The sales contract will be concluded only when a separate e-mail accepting the purchase proposal is sent, which will also contain information relating to the shipment of the product and the expected date of delivery ("Shipping Confirmation").
4.3 The invoice will be sent in electronic format and the buyer accepts this form of sending the document.
5. Methods of payment
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated on the appropriate web page.
6. Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner indicated on the website at the time the goods are offered, as confirmed in the email referred to in point 4.2.
Shipping times may vary, indicatively, from the day of the order to a maximum of 10 working days from the confirmation of the order. It is understood that the supplier is not responsible in any way for delivery times.
6.3 A telephone number advertised on the site is in any case available to buyers for exact information regarding delivery times.
7. Prices
7.1. All sales prices of the products displayed and indicated on the website www.fuxiafirenze.com are expressed in euros for the Euro area and in Dollars for the non-euro areas, they include VAT and any other charges of tax and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2. Shipping costs and any additional charges (for example: customs clearance), if present, even if not included in the purchase price, will be indicated and calculated in the purchase procedure, before placing the order by the buyer and also contained in the summary of the order placed. In Italy, shipping is free for purchases over €50.00.
7.3. The prices indicated for each of the goods offered to the public are valid only until the date indicated in the catalog and in any case until the moment in which they are displayed.
8. Availability of the products
8.1. The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates, in its electronic catalog, the number of products available and those not available, as well as the shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3 A telephone number advertised on the site is in any case available to buyers for exact information regarding availability.
9. Limitation of liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure, if he fails to execute the order within the time stipulated in the contract, also for reasons relating to the courier or caused by incorrect information provided, also in relation to the place of delivery, by the buyer.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if he proves that he has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
10. Guarantees and methods of assistance
10.1. The Supplier is liable, except as specified in point 10.3, for any lack of conformity that should appear within two years from the delivery of the goods.
10.2. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect.
10.3 The Supplier clarifies that part of the products on sale, in particular the jewels, are products completely handmade in Italy and sometimes even constitute a single product. These jewels are made of brass, resins, galvanized, painted and protected by cataphoresis or by a transparent hypoallergenic glossy protective spray applied to the frame according to the different models.
Cataphoresis is an electrolytic process that protects the jewel and guarantees it from wear and oxidation. The finished creations are then completely immersed in a galvanic bath, the nano-ceramic cataphoresis, which gives the product a transparent layer of paint composed of ceramic microparticles. Slight imperfections or color changes are due to the handmade nature of the product. In compliance with Legislative Decree 206 - 6/9/2005, the Supplier declares that all the jewels are made of hypoallergenic brass, nickel free and recycled aluminum. Direct contact with alcohol-based substances can dull the enamel and degrade the jewel. - Cataphoresis can flake in case of high acidity of the skin.
10.4 The Buyer loses all rights if he does not report the lack of conformity to the seller within the shortestto the seller within the shortest possible time and in any case no later than two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect.
10.5. In the event of an ascertained lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
10.6. The request must be sent in writing, by registered letter with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven days. working from receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the goods.
10.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Purchaser must send his request to the Supplier, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to the Supplier.
10.8 In the event of termination, the maximum refundable sum, upon return of the object, will be equal to the price paid for the purchase, net of expenses.
11. Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
11.1. Pursuant to art. 114 and ss. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold only if he fails to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or of the person who provided him with the good.
11.2. The aforementioned request, by the injured party, must be made in writing and must indicate exactly the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists..
11.3. IThe Supplier cannot be held responsible for the consequences deriving from a defective product if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow to consider the product as defective.
11.4. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
11.5. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
11.6 The damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12. Obligations of the Buyer
12.1. The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this acceptance is made mandatory before the purchase confirmation.
12.4 The buyer undertakes to provide all the information requested, in a truthful, exact and timely manner, under penalty of forfeiture of all forms of guarantee and protection.
13. Right of withdrawal
13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty - without prejudice to the costs incurred by the supplier - and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.2. In the event that the Supplier has not satisfied the information obligations on existence, methods and times to return or collect the goods, the exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code can be exercised within 90 (ninety) days and starts from the day of receipt of the goods by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt Fuxia di Morelli Pamela, Via Pietrapiana, 15 / r-50121 Florence, or by e-mail to the e-mail fuxiafirenze@gmail.com, provided that such communications are confirmed by sending a registered letter with return receipt Fuxia di Morelli Pamela, Via Pietrapiana, 15 / r-50121 Firenze within the following 48 (forty-eight) hours or by certified e-mail to the e-mail address mail fuxiafirenze@gmail.com.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and the return costs are borne by the Buyer.
13.5 The right of withdrawal will not apply in the following cases: - tampering with seals affixed to avoid using the object; - supply of sealed goods that do not lend themselves to being returned for hygienic-sanitary reasons: - products that are not intact, used, damaged - products that are not adequately stored in the package or such that there are elements that suggest that they have been worn and / or used - customized products - for objects that are excluded by virtue of the provisions of the law. If it is ascertained that the right of withdrawal has been legitimately exercised, the Supplier will refund the amount received for the item sold within 30 days, obviously deducting any costs incurred.
13.6 If the buyer wishes to make a product change, we inform you that we do not replace a product with another product. Once purchased, an item cannot be replaced with another. There is a refund of the amount paid and the possibility of choosing a new one through a new order. Remember that, in the case of return for withdrawal (change of mind), the shipping costs and the responsibility in case of loss or damage will be at your expense. The products must not have been worn or used and have the appropriate seals.
13.7 With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
14. Reserved area for authorized resellers
15.1 It is provided for non-consumers the possibility to purchase at different conditions through the retailer area dedicated to them and visible on the site. Following a specific request, the supplier will establish a direct contact; where the qualification of Reseller is granted on the basis of criteria prepared by the Supplier (for information and not exhaustive distance from other sellers, acceptance of conditions, obligation to use the exhibitors and so on), the right to access the resellers area will be granted by virtue of the access credentials issued.
15.2 Even for resellers, the purchase can be made in the manner indicated for individuals, by bank transfer or credit card and delivery is indicative of 2/3 working days, with shipping to be paid by the reseller, it being understood that each purchase it must be for an amount greater than euro 200.00 plus VAT.
15.3 RIt is understood that the indications contained in this sales contract are not valid for the Resellers and in particular all the protections and guarantees that the provisions of the Law establish for consumers are excluded.
15. Jurisdiction and applicable law
15.1 If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of the Italian Civil Code. cons.
15.2. This contract is regulated by the Italian law.
