Terms and Conditions
General conditions of sale
1 - Dealer company and site owner
Products purchased on the website fpm.it (hereinafter the “products”), are sold directly by the company fabbrica pelletterie milano spa - owner of this website - regularly registered with company register of milan n. T 178741665, and the rea n. Mi - 1912213, tax code 06746000964, vat no. 06746000964, with operational headquarters in italy in milan, piazza del carmine 4, 20121 and registered office in italy in milan, piazza del carmine 4, 20121 milan.
Fabbrica pelletterie milano spa received from the municipality of milan the necessary authorization to carry out sales via the internet.
2 - Orders
The general conditions of sale form an integral part of the purchase and subsequent sale agreement entered into between the online buyer (hereinafter referred to as the “client”) and fabbrica pelletterie milano spa (hereinafter referred to as indicated the “seller” or fpm, in relation to products on the website fpm.it
The client is thus required to read carefully these terms of sale before placing the purchase order.
The forwarding of the purchase order implies the full knowledge and express acceptance of the general conditions of sale as well as noted in the order form.
Once the purchase order is placed, the client has to print and keep, therefore to download and store, the general conditions of sale and its order form, which the client will have already viewed and accepted.
The age of majority (18 years) and the legal capacity to act are necessary in order to make a valid purchase order, both are presumed if the client decides to complete the purchase order.
3 - Conclusion of the contract
The display of products on the fpm storefront website constitutes an invitation to offer.
In order to conclude the contract for the purchase of one or more products on the website fpm.it the client must correctly complete the order form in all its parts and send it to the seller electronically by following the purchase procedure.
The purchase order prepared by the client will be sent by the same only if they confirm, through a special express command:
- A) to have read and accepted these terms of sale;
b) to have been made aware of and have accepted that the sending of the purchase order itself imply the obligation to pay the price of selected products and that the payment can be made either - after explicit demonstration by the client mode chosen - by paying with a credit card and through secure system "paypal".
In the absence of such confirmation, the order cannot be sent by the client or received by the seller.
All orders are accepted subject to the the seller’s approval.
The order form will be filed in a special database by the seller and after contract is finalized the seller will process the purchase order.
The online contract is deemed finalized when the client receives an acceptance communication via email from the seller.
The same email will refer the general conditions applicable to the contract (which could be consulted on the home page of the website ), special conditions applicable to the contract, the information concerning the right of withdrawal and those relating to the direct cost of returning the products to be charged to the client; with the same communication, the client will receive information by mail from the seller on the essential characteristics of the products, information concerning the price of the products and those regarding the payment method selected.
The client is required to print and keep, therefore to download and store, the acceptance communication from the seller.
If there are erroneous or incomplete data different to what is required, an error message will appear to notify the client that they need to correct or integrate the data.
The seller may still take no action regarding purchase orders that are incorrect and / or incomplete, or if the product is not available. In such cases, the seller will inform the client that the contract is not concluded and therefore the order will not be executed and the seller will proceed with the refund of all the amounts already paid by the client, using the same method of payment; in this case, the client will not however be entitled to any further refunds or compensation for damages.
4 - Object of the contract
The contract is for the following products or categories of products
- Suitcases, bags and travel accessories
- As well as all other products included in the catalogue;
The products mentioned are marketed via the internet through the website fpm.it by the seller.
The main characteristics of the products are shown on each product entry.
The images accompanying the description of a product are for information purposes only and may not be fully representative of its features but differ eg. Color and size (also because of the software and hardware devices that the client uses to access the website fpm.it and display the images)
5 - Price of products and other expenses
However, in relation to purchase orders already sent, the seller undertakes to apply the prices listed on the website fpm.it on the date of order.
The prices of products listed on fpm.it include legal vat and do not include shipping costs.
The client is responsible for shipping costs, which will be calculated based on the number of packages, volume, weight and destination of the package containing the products; these costs will be displayed automatically before the purchase order is sent by the client who can confirm or cancel the above mentioned order.
If the products ordered are to be delivered outside italy, the client will bear any duties, taxes and fees, which may be payable under the rules in force in the countries where the products will be delivered and payable once the package reaches the specified destination.
Since the client cannot control such duties, taxes and quantify the related amount and as custom policies vary widely from country to country, such expenses should be taken into account by the client before the purchase order; the client should gather all due information concerning it by contacting their local custom office, and should pay for the related amount, in addition to the payment of the product price shown on the website fpm.it
Any costs related to the connection via the internet at fpm.it,, including telephone charges at the rates determined and applied by the telephone selected by the client have to be borne by the client.
6 - Shipping
The products ordered will be delivered by plane, courier or parcel post, to the address indicated by the client while filling out the purchase order .
By filling out the order form, the client accepts the terms of delivery specified on the fpm.it website.
The seller delivers exclusively to the following countries:
Purchase orders requiring delivery to a country other than those mentioned above will not be accepted.
The client is aware that deliveries of products across borders are subject to opening and inspection by custom authorities and - when necessary - they are liable to provide all required information by contacting the relevant local custom office.
7 - Time and means of delivery
If the client is a consumer (defined as any physical person who interacts with the website fpm.it for purposes unrelated to business or professional activity) according to legislative decree n.206 of september 6, 2005, replacing the legislative decree n. 21 of february 21, 2014 (limited to articles 45 to 67) , the following terms and conditions of delivery will be applied.
The order will be activated within a maximum of 48 (forty eight) hours from the receving of notification of payment from the seller's account.
The following contingencies may affect the delivery of the product:
- Product availability. The products listed on the www.fpm website are generally available in stock or at our suppliers;
- Availability of the products;
- Packaging and shipping;
- Place of delivery of the product;
In any case, following the confirmation of payment, the goods will be delivered within 5 (five) working days from the date of shipment.
Client will receive a confirmation via e-mail when the products are shipped.
It is to be understood that the delivery times indicated shall be considered as indicative and delays of up to 30 (thirty) days do not entitle the client to a) refuse the delivery itself, excepting without prejudice the right of withdrawal as specified below b) request of refunds or compensation for damages.
8 - How to deal with the delivery of the products
Products shipped are insured, therefore, in order to receive the package or packages it is necessary:
- To verify that the package is intact;
- To verify that the package is not damaged;
- To verify that the package is not wet or damp
- To verify that the package has not been opened and re-closed;
- To verify that the package is in compliance with the standard packaging requirements;
- To verify that the number of packages indicated in the shipping document and sales invoice matches the number of packages actually delivered;
- In case of damage, missing articles, anomalies, disputes or other problems, it is necessary to specifically indicate these circumstances on the shipping document or invoice and have it countersigned by the carrier of the products. It is further necessary to indicate which and how many articles present problems, clearly noting the reason for refusal of delivery.
Additionally, in order to allow the seller to enable all the required procedures for insurance and potential indemnification of the carrier, after noting and filling the specific problem, it is also necessary to notify the seller of the situation within 7 (seven) days of delivery of products at this email address customer@fpm. In addition, after noting and filling the problem as indicated above, it is necessary to inform the carrier about the problem by registered letter with return receipt within 7 (seven) days from the delivery of the products at the address indicated on the shipping document.
At the time of delivery, should the client be absent from the delivery address within the scope of the hours indicated on the purchase order, the delivery will not be executed and the seller will refund amounts eventually already paid by the client, excluding potential costs of storage and other costs incurred by the seller and caused by the client. Sums will be refund with the same method in which payment was received; in this case, the client will not be entitled to any further refunds or compensation for damages.
The above does not prejudice nor exclude the rights of the client as specified by legislative decrees n. 206 of september 6, 2005, replacing by legislative decree n. 21 of february 21, 2014
9 - Liability and limitations of liability
Risk of loss or damage to the products for reasons not ascribable to the seller is transferred to the client, only when the client, or a third party designated by the client, other than the carrier, physically takes possession of the products.
In any case, the risk is transferred to the client immediately upon delivery of the products to the carrier, in case the carrier has been chosen directly by the client, and only if this choice was not selected by the seller, without prejudice to the rights of the client in regard to the carrier.
The seller is not in any way responsible for any failure, delays or omissions in deliveries due to force majeure or unforeseeable circumstances. Likewise, any liability on the part of the seller is excluded in the event of fires, explosions, strikes, natural disasters, wars, riots, demonstrations or other similar events that prevent the execution of the contract within the timeframe and according to the procedures prescribed by the general conditions of sale and the current regulations.
It is understood that, except in cases of willful misconduct or gross negligence, the seller - if responsible - is liable only for any direct and foreseeable damage at the time of conclusion of the sales contract, and is, however, not responsible for any loss suffered, including but not limited to loss of profit or any other damage that is not an immediate and direct consequence of failure or that was not foreseeable at the time of the conclusion of the contract of sale.
In regard to possible damage caused by defective products, regulations pursuant to legislative decree n. 206/2005 (consumer code), shall be applied as subsequently amended.
The seller is not also responsible for unlawful use by third parties of its website, fpm.it, and the contents of said website.
The seller is not responsible for unlawful use by users of its website, fpm.it and the contents of said website.
The client will be the solely and directly responsible for the communication of incorrect, incomplete, inaccurate, or untruthful data, related to himself or to third parties who have or have not been given authorization to use such data in its entirety or in part, including correct or incorrect usage data in its entirety or in part.
10 - Warranty and service arrangements
Since 1946, we have been committed to guaranteeing our customers high quality products, thanks to extensive research in the field of technological innovation and strict quality testing. FPM MILANO offers a lifetime warranty on all products, simply by registering your purchase, which took place at an authorized dealer, within the website www.fpm.it FPM MILANO, for damages covered by the warranty will take care of the repair/replacement costs and the shipping costs of returning the product.
From the time the product is registered, FPM MILANO will repair structural and functional damage, including all material or manufacturing defects concerning components essential to the proper functioning of the product such as towing, wheels, hinges or locks. However, damage caused by product wear and tear, knocks due to improper use of the product, and damage caused by the negligence or accident of third parties, particularly airlines and/or airport services, will not be covered by the warranty. In the latter case, claims should be submitted directly to the appropriate carrier. Additional damages not covered by the warranty are damages caused by the improper use of the product, damages of purely cosmetic extent (such as scratches on the aluminum, alteration of the leather, stains on the fabric, and discoloration due to uv rays) and accidental or indirect damages such as, for example, damage to or loss of the contents of luggage or anything else not directly attributable to the damage caused.
Proof of Purchase
FPM MILANO suggests keeping the store receipt, as it is necessary to register the product and extend the lifetime warranty.
Coverage is valid only on products purchased from an authorized FPM MILANO dealer.
In the event of the need to repair any material and/or manufacturing defects in FPM MILANO products, we invite the purchaser to contact the nearest repair center or customer service by email at firstname.lastname@example.org attaching pictures of the damage, proof of purchase, and providing their full name, phone number, and address for possible pickup of the product or shipment of replacement parts.
If a replacement product is not available, we will provide a product of equal value and function. In the event that the warranty is not valid or applicable to the damaged product, we will send an estimate of the cost of any repair and shipping.
For more information please send us an email at email@example.com, or call us at +39 02.36705900 to speak with our customer service department for you. This, however, does not affect in favor of the same the rights arising from Legislative Decree No. 206 of September 6, 2005, as replaced by Legislative Decree No. 21 of February 21, 2014.
If the customer is a consumer (meaning by this definition any natural person who acts on the site www.fpm.it for purposes unrelated to the entrepreneurial or professional activity possibly carried out as specified by Legislative Decree September 6, 2005 n.206, as replaced, limited to Articles 45 to 67, by Legislative Decree February 21, 2014 n.21) the seller is liable for any lack of conformity that becomes apparent within the term of 2 (two) years from delivery of the product.
For the purposes of the following contract, products are presumed to be in conformity with the contract if all the following conditions are met:
that the products conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer as a sample or model it being understood, however, that the images accompanying the descriptive sheet of a product on the site are for informational purposes only and cannot be understood as perfectly representative of its characteristics but differ e.g. By color and size (also because of the software and hardware devices used by the customer to access the site www.fpm.it and view images);
That the products exhibit the usual qualities and performance of products of the same type that the customer can reasonably expect, taking into account the nature of the products and any public statements about the specific characteristics of the goods made in this regard by the seller, manufacturer, or its agent or representative, particularly in advertising or on labeling;
that the products are suitable for the particular use, if any, desired by the customer, when such particular use has been brought to the knowledge of the seller by the customer at the time of the conclusion of the contract, and when it has been accepted by the seller even by conclusive facts; in this regard, the seller specifies as of now that it is not willing to assign its own products present on the site, or otherwise accept the use of the same, for purposes that are not reasonably inferable of the very nature of the products and of any public statements on the specific characteristics of the goods made in this regard by the seller itself on its own site
the seller, for the greater benefit of the consumer, recognizes the consumer customer's right to report the lack of conformity even beyond the period of two months from the date of receipt of the product; it is understood, however, that the seller will not, in any case, be liable for conformity defects that become apparent after 2 years from the delivery of the product.
In the event of a lack of conformity, the customer shall have the right to restore, without charge, the conformity of the product by repair or replacement, under the conditions set out below, or to an appropriate reduction in price or termination of the contract.
The customer may request, at his or her option, the seller to repair the product or to replace it, free of charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other pursuant to Article 130, paragraph 4, of the Consumer Code.
The customer shall send his request in writing to the seller at firstname.lastname@example.org.
The seller within 14 (fourteen) working days of receipt of the customer's request shall communicate its willingness to comply with the customer's request or the reasons that prevent it from doing so; in the same communication, the seller who has acceded to the customer's request shall indicate the manner of return or shipment of the product as well as the expected time limit for the return or replacement of the defective product.
If the replacement or repair of the product is impossible or excessively burdensome, or if the seller has failed to repair or replace the product within the above terms, or if the repair or replacement of the product previously carried out has caused significant inconvenience to the customer, the customer at his option may request a reasonable reduction in price, or termination of the contract.
In this case, the customer must send his request to the seller who, within 14 (fourteen) working days of receipt of the customer's request, will communicate his willingness to give effect to the request or the reasons preventing him from doing so.
The seller, in the same communication, if he has accepted the customer's request, shall indicate the proposed price reduction or the manner of returning the defective product.
In these cases, it will be the customer's responsibility to indicate how the sums already paid to the seller will be credited.
It is understood that a minor conformity defect for which it has not been possible or is excessively burdensome to exhaust the remedies of repair or replacement, does not entitle the customer to terminate the contract.
11 - Additional conventional guarantees
In addition to the normal warranty provided in favor of the consumer - and leaving in any case unprejudiced in favor of the same the rights deriving from Legislative Decree 6 September 2005 n.206, as replaced by Legislative Decree 21 February 2014 n.21 and better identified in paragraph 10 above - the following condition of greater favor for the consumer customer is also provided:
Unlimited time extension of the warranty for product conformity defects as better described in paragraph 10 above.
If the customer registers the product within a maximum period of two years from the date of purchase using the specific procedure identified on the website www.fpm.it, the duration of the warranty for defects of conformity of the product as better described in paragraph 10 above will be automatically extended from 2 (two) years to a time corresponding to the natural life cycle of the product from the date of purchase of the same by the customer; in this case, all defects in materials or workmanship will be covered, including all structural defects (such as handles, hinges or locks). However, damages caused by wear and tear not due to defects in materials or workmanship and other damages listed in paragraph 10 will not be covered by warranty.
Also not covered by warranty will be damage caused by improper use of the product, damage of a purely cosmetic nature (such as scratches or stains on fabric), accidental or indirect damage (such as, for example, damage to or loss of the contents of luggage or anything else not directly attributable to the damage caused), damage caused by airlines or transit carried out by airport services, and any other damage caused by the latter.
In cases of transit damage, claims should be submitted to the carrier.
To initiate the repair procedure, simply send an e-mail to email@example.com attaching pictures of the damage, proof of purchase, and providing your full name, telephone number, and address for possible pickup of the product or shipment of ad hoc replacement parts.
If a replacement product is not available, the vendor will, at its discretion, provide a product of equal value and function.
The customer is required to print and retain, or download and store, the product registration confirmation.
If the registration of the product is carried out within the above terms and always with exclusive reference to the conformity defects of the product as better identified above, the seller will not enforce the forfeiture of the customer's warranty under the law, thus providing for the follow up of the procedure referred to in paragraph 10 above even if the conformity defect is reported by the customer after the period of 2 months from receipt of the product.
For any other conditions relating to defects of conformity of the product and the related warranty, the other conditions set forth in the preceding paragraph 10 to be understood herein expressly retranscribed are referred to in full. For any further information relating to the warrantiesconventional the customer will be able to:
- access the web page http://it.fpm.it/garanzia/
- contact the seller using the e-mail address firstname.lastname@example.org.
With regard to any damages caused by defective products, the provisions of European Directive 85/374/cee, Legislative Decree 206/2005 (consumer code) and subsequent amendments and additions are applied.
12 - Right of withdrawal and implementation procedure
If the client is a consumer (defined as any person using the website fpm.it for purposes unrelated to business or professional activity) they have the right to cancel the contract without penalty and without specifying a reason, by notifying the seller within 14 (fourteen) days from the day on which the client or a third party specified by the client and other than the carrier, obtained physical possession of the products.
As provided by the current law, the right of withdrawal is excluded, and therefore cannot be exercised, if the products that the client has purchased or produced have been customised or made to measure at the express request of the client exercised at the time of placing the order.
To exercise the right of withdrawal, the client must inform the seller of their decision explicitly and in writing by filling out the electronic withdrawal form available on the website fpm.it within the above-mentioned period of 14 (fourteen ) days.
The client will receive a confirmation of the withdrawal by e-mail which should be printed and kept therefore downloaded and stored by the client.
If the products covered by the agreement have been received, the client must then return the products without delay (and in any event within 14 (fourteen) days from the date on which they announced their decision to cancel the contract) by following the instructions received by e-mail from the seller following the filling of the on-line withdrawal form.
The direct costs of returning the products are to be borne by the client and the products must be shipped from the same country as that in which the products were received.
The cost of return will be equal to the cost of delivery initially paid by the client, provided that the method of delivery indicated in the email confirmation of the cancellation is respected; otherwise any greater cost is to be borne in full by the client.
The client, in case of partial deterioration of the products, shall only be liable for any diminished value of the products resulting from use or handling other than that necessary to establish the nature, characteristics and functioning of the products.
In case of withdrawal, the client will be refund for all payments made to the seller. On the other hand, they are entirely liable for the costs of shipment of the product back to the seller, within the meaning of the preceding paragraphs.
The refund of the client will be made using the same means of payment as that used by the client in the initial transaction, unless the client has agreed otherwise.
The refund may be suspended for up to 3 (three) working days after receiving the products.
13 - Customer support
The seller guarantees to provide customer service both before the sale and after the sale.
The client may request assistance at telephone number +39 (0) 2 36705900, or by fax at +39 (0) 2 36705919, or by emailing email@example.com
14 - Privacy
In compliance with the provisions of the legislative decree n. 196/2003, which provides that the processing of personal data will be carried out with respect for the human rights, fundamental freedoms and dignity of the person concerned, with particular reference to privacy, personal identity and the right to protection of personal data, it is noted under article 13 of law n. 196/2003, that:
- The term "personal data" shall mean the client’s name and surname, address of residence or that for delivery of the product, the client's phone number, email address, credit card number (if this method of payment is used for the purchase of the product) and similar information;
- the provision of personal data marked with an asterisk (*) in the online forms is mandatory and necessary for purposes related to the contractual obligations to the person concerned, as well as for legal and tax obligations, accounting, invoicing, and credit management. For this reason, missing, partial or incorrect entry of such data makes it impossible to obtain the service as requested from time to time ; the provision of data not marked with an asterisk is optional and their missing - or partial entry has no consequences;
- the personal data provided may also be used, without the explicit consent of the client at the time of online purchase , for the sending of informational, educational and promotional documentation about the seller's services and products;
- The processing of data by fpm is done through programmes designed to manage and store the data and, at the same time, guarantee the security and confidentiality of data and communications.
The client, in relation to the processing of personal data and in accordance with article 7 of the legislative decree n.196/2003 may, if interested ,:
- Obtain confirmation of the existence of personal data concerning him and their communication in intelligible form;
- Obtain an indication of the personal data, the purposes and methods of its processing, the logic applied to the computerized processing, the identity of the owner and managers, the persons or classes of persons to whom the data may be communicated or who may become aware of it ;
Personal data may also be communicated or disclosed:
- When required by law;
- To companies, organizations, businesses, professionals or consortia that provide data processing services or activities supporting or complementary to the activities performed by fpm, and to persons to whom the communication of personal data is necessary or otherwise helpful to the management of relations between us;
- To banking institutions, for the management of receipts and payments arising out of the contract or the contractual relationships.
The owner of the data is fabbrica pelletterie milano spa
15 - Technical information and changes
The seller reserves the right to change, adapt, integrate, modify the technical information of the products on the website fpm.it even without any notice.
The seller reserves the right to change, adapt, integrate, change the size, characteristics, colors, shapes, weight, composition, and the price of products on the site without prior notice fpm.it .
The seller also reserves the right to offer different payment methods than those referred to in paragraph 3) on its website, at its discretion and in compliance with the law.the seller also reserves the right to change, adapt, integrate, modify these terms of sale in relation to possible regulatory changes. In any case, the new terms of sale shall be effective from the date of publication on the website fpm.it
16 - Applicable law
For all matters not expressly provided for, the general conditions are governed by italian law and will be interpreted accordingly and, with particular reference to consumers, under the provisions dictated by the current legislative decree n. 206 of 6 september 2005 (consumer code), with particular reference to part iii, title iii, chapter i of the consumer code, as amended by legislative decree 21/2014, part iv, title iii, chapter i of that consumer code and legislative decree n. 70 of 9 april 2003 (legislation on electronic commerce)
17 - Jurisdiction in the event of dispute
If a dispute arises on the application or interpretation, or the performance or breach of purchase contracts entered into through the site fpm.it, the jurisdiction shall be the place of residence or domicile of the client, where the place of residence or domicile of the client are part of the italian state and if the client is an individual acting on the website fpm.it for purposes unrelated to business or professional activity.
in any other case, the court of milan will have exclusive jurisdiction to rule on any dispute arising in relation to contracts of sale entered into through the website fpm.it and the conditions of sale, and their application, interpretation or execution, in accordance with art. 28 code of civil procedure.