PRIVACY
General Terms and Conditions of Sale
Art. 1: DEFINITIONS 1.2 The term online sales agreement refers to the long-distance contract; that is, the legal transaction that has as its object goods and/or services agreed upon between a supplier, Fratelli Fontana in this specific case, and an end consumer– client or other professional user – within the framework of a long-distance sales system set up by Fratelli Fontana, which exclusively uses the long-distance communication technology known as the Internet for this agreement. 1.3 The term consumer refers to physical persons who purchase goods and services for purposes that are not related, directly or by means of an intermediary, to their professional activity. 1.4 The term professional user refers to physical or legal persons that purchase goods and services for purposes that are related, directly or by means of an intermediary, to their professional activity. Art. 2: ACCEPTANCE OF TERMS AND CONDITIONS OF SALE 2.1 The present general terms and conditions of sale are valid until the day of acceptance and can be updated, integrated or modified at any time – with future validity – by Fratelli Fontana, who will communicate this information on the pages of their web site; the conditions mentioned in the introduction are an integral and essential part of the present contract. 2.2 All contracts shall be executed directly when the client consumer or professional user accesses the Internet web site www.fratellifontana.it, where they can conclude the contract for the purchase of the desired goods and/or services by carefully following the instructions and procedures indicated. 2.3 The present general terms and conditions of sale must be carefully read online before completing the purchase procedure. Consequently, sending an order confirmation implies that the buyer has read and accepted said conditions in full. 2.4 By confirming the purchase order online, the client or professional user unconditionally accepts and undertakes to comply with the general and payment conditions mentioned below in their contract with Fratelli Fontana, declaring that s/he has read and accepted all the instructions provided in accordance with the above-mentioned norms, and also taking note that Fratelli Fontana shall not be bound to different conditions unless they have been previously agreed upon in writing. 2.5 For the consumer, the sales transactions are regulated by the provisions of Italian Law Decree No. 185 of 22 May 1999, whereas the protection of privacy is governed by Italian Law Decree no. 196 of 30 June 2003 and subsequent amendments and additions. Art. 3: SELLING PRICES AND PURCHASE METHODS 3.2 However, for clients other than consumers, product orders shall be deemed irrevocable during the entire time required for the delivery of the order and, in any case, for 30 days from the date of order. 3.3 In any case, the total cost of delivery to the client’s premises shall be at the client’s expense, unless specific exceptions are expressly published on the web site. The client shall be made aware of the cost before the order is confirmed. 3.4 For the situation mentioned in point 3.2, the irrevocable offer of purchase is perfected when the consumer accurately completes all the sections on the site and joins online, following the video instructions and, finally, checks and thereby accepts the box with the words ACCEPTANCE OF TERMS AND CONDITIONS OF SALE and PRIVACY LAW. 3.5 All clients can pay for the goods ordered using the online payment methods indicated at the time of purchase. 3.6 If the type of payment selected is online finance, the methods, costs and corresponding conditions shall be retrieved and managed directly on the web site of the financing institution proposed by Fratelli Fontana; in such a case, everything that appears on the Fratelli Fontana web site will be purely indicative. 3.7 The prices of the different types of transport depend on the weight, the dimensions of the package, the delivery address and/or other services required (insurance, specific delivery times, etc.). 3.8 For the situation mentioned in point 3.2, receiving the order does not give rise to any obligation for Fratelli Fontana; this only occurs when the order itself has been expressly accepted by Fratelli Fontana, in writing or with the shipment of the goods. 3.9 The purchaser expressly gives Fratelli Fontana the option of accepting only part of the order, allowing it to ship the goods directly within the limits established by the seller. In this case, the contract shall be considered to be executed with regard to the goods that have actually been sold. Art. 4: DELIVERY METHODS 4.1 Fratelli Fontana undertakes to deliver to its clients, at the address indicated by the clients themselves, the selected and ordered products, by means of couriers in the ways mentioned in the previous articles. 4.2 If payment is made by credit card, delivery must be made to the address of the cardholder, as indicated to the issuer of said card. 4.3 The goods purchased shall be delivered in accordance with the terms mentioned in art. 6 of Italian Law Decree 185/1999. The supplier shall not be liable for failure to deliver or late delivery due to circumstances beyond its control or due to fortuitous events. 4.4 When receiving the goods, the client has to check that the product corresponds to the actual order; only after having checked the order, and subject to the right of withdrawal mentioned in point 8, the client has to sign the delivery note. The right of withdrawal is obviously not applicable when the goods that have been sold have been “custom-made” for the client (assembled or personalised products, for example). 4.5 Fratelli Fontana shall not be liable for damages or delivery delays caused by the carrier, and shall not be involved in the relationship between the carrier itself and the client. 4.6 The client has the right to choose another carrier; in such a case, transport shall be carried out at the client’s risk and expense, and payment cannot be “cash on delivery” but has to be made in advance (or using one of the other methods of payment indicated on the web site). Art. 5: PRODUCT AVAILABILITY 5.2 Fratelli Fontana does not guarantee continuous availability of products at the conditions on offer; however, should products for which payment has been received not be available, Fratelli Fontana undertakes to notify the client immediately and to reimburse the cost without any additional expenses within 30 days. 5.3 In any case, Fratelli Fontana has the right to confirm and/or modify the prices indicated; should this occur the consumer can withdraw from the contract before delivery if the final price is deemed to be excessively high compared to the original price. Art. 6: LIABILITY 6.2 Fratelli Fontana shall not be liable to any party with regard to damages, losses and costs incurred as a result of a failure to conclude the contract due to the above-mentioned circumstances; the consumer shall only have the right to the reimbursement of the original price paid. 6.3 Fratelli Fontanashall not be liable for any fraudulent and illegal use of credit cards, cheques and other methods of payment by third parties when payment is made for the products purchased. At no time during the payment procedure can Fratelli Fontana see or know the credit card number and information of the purchaser, who is transferred directly to the banking services manager by means of a secure connection. Art. 7: GUARANTEES AND BACK-UP SERVICE 7.1 Fratelli Fontana sells high-quality products. The manufacturers of said products offer a guarantee, the minimum duration of which depends on the type of product purchased. The guarantee is valid from the day on which the product is purchased. This service is provided directly by the manufacturers of the products, who are directly and exclusively responsible for the times and methods of any actions that need to be carried out. 7.2 Upon the consumer’s request, at the time of order or before the contract is concluded, Fratelli Fontana shall notify the client of the guarantee conditions provided directly by the manufacturers. 7.3Should work need to be carried out under guarantee, transport costs to Fratelli Fontana’s premises and back to the client’s address shall be at the expense of the client, unless other conditions have been specified in the goods returned note, which must be filled in, signed and sent together with the product. 7.4 If the goods returned note has not been filled in, signed and/or sent with the goods, the product cannot be accepted and, therefore, no technical work can be carried out on it. 7.5 If the product does not conform to the specifications, the laws corresponding to article 1519-bis and subsequent articles of the Italian Civil Code shall be applicable. Art. 8: OBLIGATIONS OF THE PURCHASER 8.1 Once the online purchase procedure has been completed, the consumer undertakes and is obligated to print and keep the present general terms and conditions of sale, which s/he should have in any case read and accepted as a compulsory step in the purchase procedure, as well as the specifications of the product purchased. This is required in order to comply fully with the conditions mentioned in articles 3 and 4 of Italian Law Decree 185/1999. 8.2The present general terms and conditions of sale may be updated or modified at any time by Fratelli Fontana, who will give notification of said changes or updates on their web site. Each time the present general terms and conditions of sale are modified, the consumer undertakes to print them and keep them. 8.3 It is strictly forbidden for the consumer to enter false and/or invented and/or imaginary information in the registration procedure, which is required to set up the procedure for the execution of the present contract and the subsequent corresponding communications; personal information and e-mail addresses must contain only the client’s own real personal data and not that of third parties or imaginary ones. 8.4 It is expressly forbidden to carry out several consecutive registrations in the name of one individual person or to enter information of third parties. In the interest and for the protection of all consumers, Fratelli Fontana reserves the right to take legal action against anyone violating or abusing these norms. 8.5 The Client exempts Fratelli Fontana from any liability caused by the issue of incorrect tax documents resulting from errors in the information provided by the Client; it is the Client’s responsibility to ensure that the data is entered correctly. Art. 9: AUTHORISATIONS 9.1 By filling in the space provided on the web site, the Client authorises Fratelli Fontana to use his/her credit card, or other card issued in lieu thereof, and to debit on his/her account, in favour of Fratelli Fontana, the total amount corresponding to the cost of the online purchase. The entire procedure shall be carried out by means of a direct secure connection to the bank responsible for the management of the online payment services; which Fratelli Fontana cannot access. 9.2 Should the consumer need to make use of his/her right of withdrawal as set out in point 9 of the present general terms and conditions of sale, or should the sale not be concluded once payment has already been made, the amount to be reimbursed shall be credited to the same credit card account. Art. 11: RESOLUTION OF THE CONTRACT AND EXPRESS RESOLUTION CLAUSE 11.2 The obligations undertaken by the client, as per art. 8 (Obligations of the purchaser), as well as the guarantee of payment are essential for the conclusion of the contract; therefore, by express agreement, failure by the Client to comply with just one of said obligations shall result in the resolution of the contract in accordance with art. 1456 of the Italian Civil Code, without any legal decision needing to be taken, exception being made for Fratelli Fontana’s right to take legal action for the compensation of any additional damages. Art. 12: PRIVACY 12.2 Personal information shall be communicated to subjects involved in carrying out the activities necessary for the execution of the contract and it shall only be divulged for this purpose. 12.3 The concerned party shall enjoy the rights provided for by art. 13 of Italian Presidential Decree no. 196 of 30 June 2003 and subsequent amendments and additions, that is: to request confirmation of the existence of his/her personal information at Fratelli Fontana’s offices; to know the origin, logic and purpose of the data and the handling thereof; to update, modify the personal data as well as make additions thereto; to request that said data be deleted, made anonymous or blocked in the event of illegal use thereof; to oppose the handling thereof for legitimate reasons or in the event of the data being used to forward advertising material, commercial information, direct sales, interactive commercial communication and market research, . 12.4 The rights deriving from the law on privacy and the information obligations for Fratelli Fontana originating from these shall be read online, before completing the purchase procedure. Therefore, sending the order confirmation implies full knowledge of said rights and obligations. By sending the online purchase order confirmation, the client or professional user declares that s/he has been informed and is aware of all his/her rights in accordance with the above-mentioned laws. 12.5 Fratelli Fontana shall be the owner and therefore responsible for the handling of said personal information. 12.6 Fratelli Fontana informs its clients that, due to the nature of the network itself, there is a special risk associated with the violation of said rights, which exists outside the application of the minimum security measures that Fratelli Fontana is required to implement in accordance with current legislation. Art. 13: PLACE OF JURISDICTION 13.2 For any controversy arising between the parties relative to the present contract, the Court of competence shall be the court of the region in which the consumer lives, in accordance with current legislation; for all other clients (foreigners or non-consumers) it is hereby agreed that for any controversy, even if not in accordance with laws governing territorial jurisdiction, the Court of Rome shall be the place of jurisdiction.
1.1 The present terms and conditions of sale, which the consumer may copy and keep in accordance with article 12 of Italian Law Decree 70/2003, have as their object the long-distance purchase of products, which is carried out online by means of the Internet web site www.fratellifontana.it belonging to Mr Massimo Fontana, with offices in via Stevenson n. 11, Rome.
3.1 If they are available, the products, prices and conditions of sale present on the Fratelli Ferrari web site constitute the offer to the public for consumers and, therefore, require acceptance by the consumer in order for the contract to be concluded; this occurs when the consumer accurately completes all the sections on the site and joins online, following the video instructions and, finally, checks and thereby accepts the box with the words ACCEPTANCE OF TERMS AND CONDITIONS OF SALE and PRIVACY LAW.
5.1 The client shall be able to purchase the product in accordance with the conditions indicated in the electronic catalogue provided by Fratelli Fontana and with the quantities available ex-stock or from Fratelli Fontana’s suppliers.
6.1 Fratelli Fontana shall note be liable for poor service caused by circumstances beyond its control, such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events that could prevent the contract from being executed, in part or in full, within the time limits agreed upon in the contract.
11.1 Fratelli Fontana shall have the right to resolve the contract simply by notifying the client and giving a reason; should this occur, the client shall only be entitled to the reimbursement of the amount that has already been paid.
12.1 Personal information is collected with the purpose of registering the client and activating the procedures necessary for the execution of the present contract and the corresponding communications required; this information shall be handled electronically in accordance with current legislation in force and may be disclosed only upon the request of legal authorities or other bodies specifically authorised by law.
13.1 Any controversy arising from the application, execution, interpretation and violation of the online sales agreements stipulated by means of the web site www.fratellifontana.it shall be subject to Italian jurisdiction; the present general terms and conditions of sale refer, for what is not expressly mentioned herein, to what is stated in Italian Law Decree no.50 of 15/01/1992 and Italian Law Decree no. 185 of 22/05/1999. .
