The purchaser expressly declares to make the purchase for purposes unrelated to commercial or professional activities. The products to which these general terms of sale apply, are sold and manufactured by Falc S.p.A. having registered offices at Contrada San Domenico, 24 - Civitanova Marche (MC) - Italy, VAT 00347770430 and REA-VI 85200, and are published on the website falcotto.com. This contract is subject to the provisions of Legislative Decree no. 206 dated 6 September 2005 as amended by Legislative Decree no. 21 dated 21/02/2014
CLAUSE 1: FINALISATION OF SALES CONTRACTS
Confirmation and dispatch of the order by the customer, in accordance with the instructions published from time to time on the web pages implies that these general terms of sales have been read and accepted by the Customer . The sales contract between Falc SpA and the Customer is intended as finalised upon acceptance of the order by Falc S.p.A. Contracts between Falc S.p.A. and the purchaser may only be finalised online by accessing the website flowermountain.com: the contract is finalised by filling in the order form correctly and confirming the purchase online or by filling in the attached form after displaying a web page showing the description, price and other details of the contract. When the supplier receives the order from the buyer, the same will receive an e-mail confirming the order from the supplier. If e-mail confirmation is not received, the contract has not been finalised. The Customer shall not be entitled to damages or indemnity of any kind, should the order not be accepted in whole or in part, therefore excluding any contractual and non-contractual liability.
CLAUSE 2: PURCHASING METHOD
The Customer may only purchase the products present in the online catalogue at the time of order, that may be seen on the website flowermountain.com and as described by the relevant data sheets. The order is intended as successfully processed when confirmation is received on the e-mail address indicated by the Customer, that the payment and shipping costs have been authorised against its credit card, as indicated by clause 5 hereunder. The picture on the product data sheet may not show the exact characteristics of the product, whose colour, dimensions and accessories may differ. The information provided to assist you make your purchase are intended purely for purposes of information, and are not the actual characteristics of the product. Falc S.p.A. will send an e-mail to the email address advised by the Customer confirming that the order has been received correctly. The message confirming the order will show the Date and Time the order is received and the Customer order number, which should be indicated in any further communications with Falc S.p.A., relevant to the order. The message will include all details entered by the Customer, a description of the main characteristics of the product, including the price, payment method, terms, delivery costs and applicable taxes. The Customer should check that all the above details are correct and immediately advise Falc of any discrepancies, as described by this document. Should the order not be accepted, Falc S.p.A. will inform the Customer immediately.
CLAUSE 3: PRICES
The products will be sold at the prices indicated by the online product data sheet, when the order is confirmed by the Customer. Before the Customer confirms the order by clicking the confirmation button, the web page will display a summary of the prices of the products in the shopping cart, inclusive of taxes and shipping costs. The information displayed will automatically be entered on the order form that the Customer sends to Falc S.p.A. when it completes the order confirmation process. The sales prices include VAT and any other taxes.
CLAUSE 4: ACCOUNTING DOCUMENTS AND DELIVERY
For each order accepted and met, Falc S.p.A. issues a delivery document for the material shipped, that is sent by e-mail to the Customer, as set forth by section 14 of Presidential Decree 445/2000. The information supplied by the Customer when the order is placed, will be used to issue the fiscal receipt (and/or invoice). No changes may be made to the receipt or invoice, once it has been issued. Falc S.p.A. declines all and any liability for any delay in filling the order or delivery of the products ordered.
CLAUSE 5: PAYMENT METHOD
Customers may make payment by Credit Card, Paypal or COD (only in Italy). If an order placed by a Customer is paid by credit card, its bank will authorise payment of the relevant amount against the Customer's credit card. The amount relevant to any goods delivered, even in part, will be charged to the Customer's credit card before the goods depart from Falc's warehouse. Should the Customer exercise its right to cancel the order, as set forth by Clause 6, Falc S.p.A. will refund the amount charged (excluding any higher costs, if the Customer has opted for a more expensive delivery method with respect to our standard delivery). Falc S.p.A. will not receive the details of the Customer's credit card sent via the secure connection during the purchasing process to the bank that handles the transaction, and such details will not at any time be stored on the databases of Falc S.p.A.
CLAUSE 6: RIGHT TO CANCEL THE ORDER
Pursuant to section 64 of Legislative Decree no. 206 dated 6 September 2005, as amended by Legislative Decree no. 21 dated 21.02.14 (the "Consumer Law"), the Customer has the right to cancel the contract, without penalties or costs and without giving any reason, within 14 days. To exercise this right, the Customer should send Falc S.p.A. written notice of cancellation within 14 working days from receipt of the goods (please use the cancellation form provided on the following link).
CLAUSE 7: WARRANTY AND CLAIMS
All the products sold by Falc S.p.A. on the website falcotto.com are covered by the manufacturer's legal guarantee, as set forth by the provisions of Legislative Decree 206/05. To use the warranty, the Customer should keep the receipt or invoice (or DDT) that it receives by e-mail in PDF format. The supplier is liable for defects of non-conformity as set forth by section 128 et sequitur of the Consumer Law; the buyer will lose all and any rights if it does not report the defect to the seller within two months from the date on which the defect was discovered. If the warranty allows the Customer to return the product in the case of defects, the same should be returned in its original packaging, complete with all the relevant parts (including packaging, documents and accessories: manuals, cables, etc ... ); in order to prevent any damage to the original package, we recommend that you place it in a second box; do not place labels or adhesive tape on the original package of the product.
Please be informed that, pursuant to section 13 of Legislative Decree no. 196 dated 30.06.2003, the personal details you provide to Falc S.p.A. will also be processed with automated data processing systems, in order to fulfil statutory, tax and management obligations. These details may also be used for statistical purposes, or commercial and promotional messages, without prejudice to the Customer's right to unsubscribe from such communications at any time. Providing your personal details is not obligatory. Should you however refuse to do so, the sales contract cannot be finalised, nor the order accepted. The data controller is Falc S.p.A., having registered offices in C.da San Domenico, 24 – Civitanova Marche - Macerata (Italy). Please be aware that, pursuant to section 7 of the above Legislative Decree, the Customer will also have the right to: request and obtain confirmation that its personal details are held by Falc S.p.a.; cancel, transform to anonymous form or block any details processed in breach of the law; update or modify personal details or add details. The Customer may exercise the rights set forth by section 7 by writing to: [email protected]
CLAUSE 9: APPLICABLE LAW AND JURISDICTION
This contract is subject to Italian law. In the case of civil and criminal disputes arising from this Agreement, if the Customer is a consumer, the court having jurisdiction will be that of the place of residence thereof; in all other cases, the court having jurisdiction shall be exclusively that of Macerata.