Terms and Conditions of Sale
[updated on 01/07/2019]
De Fonseca S.p.a. (hereinafter "De Fonseca"), based in Via Caselle, n. 63, 10040 - Leinì (TO), VAT NUMBER 08210280015 and Fiscal Code No. 13005000156, registered with the Company Register of Turin (Italy) under No. 954207, is the owner of the site https://www.defonseca.com/ (hereinafter, the "Site").
1. Acceptance of the general conditions of sale
1.1. The contract between De Fonseca and the Customer must be considered concluded with the acceptance, even if only partial, of the order by De Fonseca. By placing an order in the various ways provided, the Customer declares to have read all the information provided to him with this document and / or during the purchase procedure, and to fully accept the general conditions and payment terms used below.
1.2. If the Customer is a consumer (ie a natural person who buys the Product for purposes not related to his professional activity or does not indicate a VAT number while making the purchase, as defined in Article 3, paragraph 1, letter a) of the Consumer Code - hereinafter the "Consumer"), upon confirmation of the Order (as defined below), De Fonseca will be responsible for sending via e-mail, together with the confirmation communication, the link to these Conditions of sale that the Consumer will print or save and otherwise store, in compliance with the provisions of the current Consumer Code on distance sales.
1.3. Every Customer’s right to be refunded for damages or indemnity is excluded, as well as each contractual or extracontractual responsibility for direct or indirect damages to persons and/or things, caused by the non-acceptance by De Fonseca, even partial, of an order.
2. Method of purchase
2.1. The Customer may purchase through the Site only the products present in the electronic catalogue at the time of placing the order and viewable online on the Site, as detailed in the dedicated product pages (the "Product"). It is understood that the image on the product page which integrate the product description may not be perfectly and completely representative of its characteristics but differ in color, size, products and accessories showed in the image. All the information supporting the purchase is intended as a simple general information material, not referable to the real characteristics of a single Product. At any time the Customer may request further information using the contacts referred to in the following art. 11.
2.2. The correct receipt of the order is confirmed by De Fonseca through an e-mail, sent to the email address supplied by the Customer (hereinafter the "Order Confirmation"). The Order Confirmation will include, in addition to the link to the Conditions of Sale referred to in the previous art. 1.2, date and time of execution of the order and a 'Customer Order Number', to be used in any further communication with De Fonseca. The message contains all the data inserted by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections, according to the procedures described in this document.
3. Payment by credit card
3.1. In case of purchase of the Product by Credit Card payment method, simultaneously with the online transaction, the bank will promptly provide, without further authorisation and in accordance with the technical times of the banking system used, to charge the amount of the purchase made.
3.2. In case of cancellation of the order, both by the customer and in the case of non-acceptance of the same by De Fonseca, it will promptly request at the same time from De Fonseca, depending on the case, the cancellation of the transaction and the refund of the amount charged. The refund timing, for certain types of cards, depend exclusively on the banking system and can reach their natural expiry date. Once the transaction has been cancelled, the Customer acknowledges and expressly accepts that De Fonseca cannot be held responsible under any circumstances for any direct or indirect damage caused by delay in the non-release of the amount committed by the banking system.
3.3. De Fonseca reserves the right to request additional information from the Customer (eg identification document) or sending copies of documents proving ownership of the Card used. In the absence of the required documentation, De Fonseca reserves the right not to accept the order.
3.4. At no time during the purchase process, De Fonseca is able to know the information relating to the Customer's credit card, transmitted via a secure connection directly to the website of the bank managing the transaction. No computer archive of De Fonseca will retain such data. De Fonseca cannot be held responsible in any case for any fraudulent and improper use of credit cards by third parties, upon payment of the Product.
4. Payment by Paypal
4.1. In case of purchase of the Product with PayPal payment method, simultaneously to the conclusion of the online transaction, PayPal will immediately charge the amount related to the purchase made.
4.2. In case of cancellation of the order, both by the Customer and, in the case of non-acceptance of the same by De Fonseca, together with the cancellation, the amount related to the cancelled order will be credited back to the Customer's Paypal account. The timing of re-credit on the chosen payment instrument within the Paypal account depends exclusively on PayPal and the banking system. Once the amount has been credited back to the Paypal account, De Fonseca cannot be held responsible under any circumstances for any direct or indirect damages caused by delays in the actual crediting of Paypal or the banking system.
4.3. De Fonseca reserves the right to request additional information from the Customer (eg telephone number) to determine the actual ownership of the PayPal account. In the absence of the required documentation, De Fonseca reserves the right not to accept the order.
4.4. At no time during the purchase process, De Fonseca is able to know the information relating to the Customer's credit card or other methods chosen within PayPal. De Fonseca cannot be held responsible in any case for any fraudulent and improper use of credit cards by third parties, upon payment of purchased products.
5. Delivery methods and costs
5.1. For every order, if requested, De Fonseca will issue an invoice of the purchase made, sending it via e-mail to the Customer’s email address, in accordance with the current provisions. For the issuing of the invoice, the information provided by the Customer at the time of the order shall prevail. No change in the invoice will be possible after issuing it.
5.2. Shipping costs are at Customer’s own expenses. The payment of the Product by the Customer will take place using the method chosen when ordering. Nothing is more due to the customer than the total order.
5.3. No responsibility can be attributed to De Fonseca in case order delay or delivery. De Fonseca does not ship in the central week of August (from the Saturday before August 15th to the following Sunday), during the Christmas Holidays (from the Saturday before December 25th to Sunday after January 6th) and on August 10th. In any case, if the Customer is a Consumer, De Fonseca undertakes to deliver the goods to the Customer without delay and at the latest within thirty days from the date of conclusion of the contract as provided for by art. 61, paragraph 1 of the Consumer Code.
5.4. De Fonseca will ship the Product through a postal delivery system guaranteed, certified and customised for the Product. The delivery of the order means the street level delivery except:
- different communication from our customer service;
- what is foreseen in the product technical sheet;
- explicit purchase of delivery to the plan, where expected.
5.5. Upon receipt of the Product, the Customer is required to check:
- that the number of delivered products corresponds to what is indicated in the transport document in advance by e-mail;
- that the packaging is intact, undamaged, not wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
5.6. Any damage to the packaging and / or the Product or the mismatch in the number of Products or indications must be immediately contested, affixing the words "Written Control Reserve" (specifying the reason for the reserve, eg "pierced packaging", "crushed packaging", etc.) on the document which proofs the delivery from the courier. Once the courier's document has been signed, the Customer cannot make any objection regarding the external characteristics of the goods delivered.
6. Right of withdrawal
6.1. Pursuant to the Consumer Code, if the customer is a Consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following points.
6.2. The Customer has the right to withdraw from the contract within 14 days. The period for exercising the right of withdrawal expires after 14 days from the day on which the Customer or a third party, other than the courier service and designated by the Customer, acquires physical possession of the goods.
6.3. To exercise the right of withdrawal, the Customer is obliged to inform De Fonseca, using the contacts referred to in the following art. 11 of his decision to withdraw from this contract by an explicit declaration (for example, a letter sent by post or e-mail). To that end, the Customer can use the withdrawal form that can be downloaded at the following link (the use of this form is not mandatory).
6.4. To comply with the withdrawal deadline, it is sufficient that the Customer sends the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
6.5. If the Customer withdraws from this contract, De Fonseca will refund the Customer all payments made to De Fonseca up to the time of withdrawal, including delivery costs (with the exception of additional costs arising from the possible choice of the Customer of a type of delivery different from the less expensive type of standard delivery offered by De Fonseca), without undue delay and in any case no later than 14 days from the day on which De Fonseca is informed of the Customer's decision to withdraw from this contract. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, De Fonseca guarantees that the Customer will not incur in any costs as a consequence of such refund.
6.6. The Customer acknowledges and expressly accepts that De Fonseca will have the right to suspend the aforementioned refund until the reception of the product(s) or until the Customer demonstrates to have sent back the product(s), if previous.
6.7. The Customer must return the product(s) or deliver it(them) to De Fonseca without undue delay and in any case within 14 days from the day on which he informed De Fonseca of his intention to withdraw from this contract.
6.8. The product(s) must be returned intact, complete with all its(theirs) parts and with the original packaging (envelopes and packaging), stored and possibly used according to normal care, without any signs of usury or dirt, in compliance with the conditions of the following articles 6.9 and 6.10. As foreseen by the art. 57, paragraph 2 of the Consumer Code, the Customer will be responsible for the decrease in the value of the product(s) resulting from a handling of the same different from that necessary to establish the nature, characteristics and functioning of the product(s).
6.9. The right of withdrawal is however subject to the following conditions:
- the right applies to the product purchased in its entirety and it is not possible to exercise withdrawal only on part of the product purchased;
- according to law, shipping costs related to the return of the product are at Customer’s own expenses. Customer will pay for costs of returning the Products;
- the shipment, until the delivery in the De Fonseca warehouse, is under the full responsibility of the Customer;
- in case of damage of the product(s) during transport, De Fonseca will inform the customer of the event (within 5 working days of the reception of the product(s) to its warehouse), to allow him to promptly report his complaint to the courier chosen by him and obtain the refund of the value of the product(s) (if insured); in this case, the product(s) will be made available to the customer for his return, simultaneously to the cancellation of the request for withdrawal;
- De Fonseca is not responsible in any way for damage or theft / loss of goods returned by non insured shipments;
6.10. Except as provided in these conditions and by art. 57, paragraph 2 of the Consumer Code, De Fonseca will refund the customer the full amount already paid by transfer of the amount charged on the credit card or by bank transfer. In the latter case, the customer will promptly provide the bank details with the IBAN code on which to obtain the refund (Current Account of the invoice).
7.1. All products sold by De Fonseca are covered by a 24-month warranty for conformity defects, in accordance with the Consumer Code. To use the warranty service, the Customer must keep the invoice (if issued by De Fonseca as requested by the Customer at the time of the order) and / or the receipt received by e-mail in PDF format.
7.2. The articles from 128 to 132 of the Consumer Code apply to the 24-month compliance guarantee. This warranty applies to the Product which presents a lack of conformity to the contract and therefore in the event of manufacturing defect or original design defect, provided that the Product is used correctly, respecting its intended use and as provided for in the eventual attached documentation. As example, the guarantee of conformity does not apply in case of normal usury of the Product, in case of inappropriate use of the Product, in the event of failure to comply with the rules for maintenance of the Product and in case of damage caused by transport or Product storage.
7.3. This guarantee is reserved for the Consumer. In case of lack of conformity, De Fonseca provides, without any expenses for the Customer, to restore the conformity of the Product by repairing / replacing or reducing the price, until the contract is terminated. If, as a result of intervention by De Fonseca, the defect does not result in a lack of conformity under the Consumer Code, the Customer will be charged for any costs of verification and restoration, as well as transport costs if incurred by De Fonseca.
7.4. In the event that, for any reason, it is not able to provide its Customer with a product under warranty (restored or replaced), De Fonseca may proceed at its own discretion to return the amount paid taking into account the use of the product or its replacement with a Product of equal or greater characteristics.
7.5. In cases where the application of the guarantees provides for the return of the Product, it must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). In order to limit damages to the original packaging, De Fonseca recommends to insert it in a second box in all cases. Affixing labels or adhesive tapes directly onto the original packaging of the Product should be avoided.
8. Force majeure, catastrophic events and fortuitous events
8.1. De Fonseca will not be held responsible to the Customer for any delays or non-compliance with its obligations in the event that the delays or failures derive from Force Majeure Events (as defined below), provided that the latter:
- promptly notify in writing and without delay to the Customer, where possible, the cause of the delay or default and indicate the presumable duration of the delay or the extent and type of such failure; and
- do what is reasonably necessary to limit the negative effects of such delay or default on the other party.
8.2. As an example and without any limitative intent, pursuant to and for the purposes of these Conditions, Events of Force Majeure are considered: lockouts, strikes, absolute lack of means of transport, war, riots or other military actions, floods, fires, lightning, explosions, accidents, interruptions of electricity, cyber attacks, illicit abstraction of data and interruptions malfunctions or overloading of telephone or telematic lines or any other event that is beyond the reasonable sphere of control of De Fonseca and that prevents full and proper fulfilment of the obligations under the contract for that part.
9. Intellectual and industrial property rights
9.1. De Fonseca informs that the Site, as well as all the trademarks and distinctive signs used by De Fonseca in connection with the sale of the Product, is protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution or publication is forbidden. Alteration or transformation, in any form and for whatever purpose they occur, of the contents of the Site, of the trademarks and distinctive signs used by De Fonseca (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, features and design of the Site).
10.1. The personal data requested when placing the order are collected and processed in order to meet the express requests of the customer and will not transferred to third parties under any circumstances and for any reason. De Fonseca guarantees its customers compliance with the regulations on the processing of personal data, governed by EU Regulation 2016/679.
10.3. Data controller is: De Fonseca SpA, with registered offices in Via Caselle, n. 63, 10040 – Leinì (TO), VAT No. 08210280015 and Fiscal Code No. 13005000156, registered with the Company Register of Turin (Italy) under No. 954207
11. Information and Complaints
11.1. Any complaint must be addressed to De Fonseca at the following contacts: De Fonseca S.p.a., Via Caselle, n. 63, 10040 – Leinì (TO), Email: email@example.com.
12. Applicable law
12.1. The contract of sale between the Customer and De Fonseca is concluded in Italy and governed by Italian law. For the solution of any dispute arising from the conclusion of these Conditions of distance selling, if the Customer is a Consumer, the territorial jurisdiction is the one of the reference forum of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively the one of the Court of Turin, with the exclusion of competing or alternative forums.