Products purchased on the website shop.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.
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 shop.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 shop.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 shop.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 shop.fpm.it and display the images)
5. PRICE OF PRODUCTS AND OTHER EXPENSES
Product prices are shown on the website shop.fpm.it The Seller reserves the right to modify Product prices at any time on the website shop.fpm.it.
However, in relation to purchase orders already sent, the Seller undertakes to apply the prices listed on the website shop.fpm.it on the date of order. The prices of Products listed on shop.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 shop.fpm .it
Any costs related to the connection via the Internet at shop.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.
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 shop.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 shop.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.shop.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, shop.fpm.it, and the contents of said website.
The Seller is not responsible for unlawful use by users of its website, shop.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. WARRANTIES AND CONDITIONS OF SERVICE
If the Client is a consumer (defined as any physical person who interacts with the website shop.fpm.it for purposes unrelated to business or professional activity) according to Legislative Decree 206 of September 6, 2005, replacing the Legislative Decree 21 of February 21, 2014 (limited to Articles. 45 to 67), the Seller is liable for any lack of conformity which becomes apparent within a period of two (2) years from delivery.
It is assumed, for the purposes of the following agreement, that the Products are in compliance with the contract if all the following conditions are applied:
1) that the Products are fit for the purposes for which goods of the same type are normally used; 2) that the Products comply with the description given by the Seller and possess the qualities of Products that the Seller presented to the Client as a sample or model except that the images accompanying the description of a Product on the website are for information purposes only and they cannot be taken as fully representative of its features but may differ eg. in color and size (due to the devices software and hardware used by the Client to access the website shop.fpm.ite display of images) 3) that the Products present the usual quality and performance which are normal in goods of the same type and which the Client can reasonably expect, given the nature of the goods and any public statements on the specific characteristics of the Products made about them by the Seller, the producer, or his agent or representative, particularly in advertising or labeling; 4) that the Products are suitable for the eventual use wanted by the Client, especially when such use has been made known to the Seller by the Client at the time of conclusion of the contract, and when it has been accepted by the Seller, also implicitly. In this regard, the Seller specifies herein, as of now, not to be available to give Products on the website, or otherwise accept the use of the data for purposes that are not reasonably assumed to be of the nature of the goods and any public statements on the specific characteristics of the Products made about them by the Seller on his website.
The Seller, in the best interest of the Client, recognizes to the Client the right to denounce the defect of deformity beyond the period of 2 (two)months’time from the date of delivery of the Product; provided, however that the Seller is not liable, in any case, of lack of conformity that may occur after 2 (two) years from the delivery of the Product.
In case of lack of conformity, the Client has the right to have the Product restored to conformity, without charge, by repair or replacement, according to the terms indicated below, or for a suitable price reduction or termination of contract.
The Client may request, and may choose, to repair the Products or to replace them, free of charge in both cases, unless the request is objectively impossible or excessively expensive compared to the other in accordance with article 130, paragraph 4, of the Consumer Code.
The Client will have to send the claim in writing to the Seller at email@example.com. The Seller within 14 (fourteen) working days of receiving the claim from the Client, will communicate his willingness to act on the Client's request or the reasons that prevent him from doing so; at the same time, the Seller who accepts the Client's request, will supply all instructions for the return or delivery of the Products as well as the deadline for the return or replacement of defective Products.
If the replacement or repair of the Products is impossible or prohibitively expensive, or if the Seller has failed to comply to the above terms to repair or replace, or if the repair or replacement of the Products previously made have caused significant inconvenience to the Client, the Client may choose an appropriate price reduction or termination of contract.
In this case the Client will have to submit a request to the Seller within 14 (fourteen) working days, who will communicate his willingness to act upon it or the reasons that prevent him from doing so.
The Seller, at this time, in case he has accepted the Client's request, must indicate the price reduction proposal or supply indications for the return of the defective Products.
In these cases the Client will be liable to supply all the necessary information in order to receive a refund for the amounts already paid to the Seller.
It is understood that a minor irregularity where a remedy was not possible or excessively costly to repair or replace, does not give right to terminate the contract
11. MORE CONVENTIONAL WARRANTIES
In addition to the regular warrantee provided in favor of the consumer - and without prejudice to any benefit of the same rights in accordance with the Legislative Decree n. 206 of September 6, 2005 , replacing Legislative Decree n. 21 of February 21, 2014 and better identified in paragraph X - the following more favourable conditions are provided to the Client:
Extension of warrantee period for conformity defects of the product as best described in the above mentioned paragraph X.
If the Client registers the Product within a maximum of 2 (two) years from the date of purchase using the specific procedure found on the website www.fpm.it (To the following address http://it.fpm.it/registrazione-garanzia/ “warranty”), the warranty for lack of conformity of the Product as best described in paragraph X will be automatically extended from 2 (two) years to 5 (five) years from the date of purchase by the Client; in this case all defects in materials or workmanship, including all structural defects (such as handles, hinges or locks) are covered. However, any damage caused by use not related to the irregularities of the materials or workmanship will not be covered by the warranty.
Furthermore will also not be covered by the warranty, any damage caused by improper use of the Product, any claims purely aesthetic in nature (such as scratches or stains on the fabric), incidental or consequential damages (such as damage or loss of the contents of the luggage or anything not directly related to the damage caused), damage caused by airlines or transit based airport services and other damage caused by the latter.
In case of damage caused during transit, the claims must be submitted to the carrier.
To start the repair process, the Client just need to send an email to the following email address firstname.lastname@example.org stating the reasons for your request and supplying proof of the damage by attaching pictures of the defective Product and proof of purchase.
The Seller will notify the Client as how to proceed further after examining the damage.
If a substitute Product is not available, the Seller will, at his sole discretion provide a Product of equal value and function.
The Client has to print and keep, therefore to download and store, the confirmation of Product registration.
If the Product is registered as indicated above and always exclusively referring to those defects in the Product that are described in more detail above, the Seller will not rely on the expiry of the Client warranty period provided for in the law, and will therefore follow the procedure referred to in paragraph X, even if the lack of conformity is notified by the Client after the period of two months following the receipt of the goods; provided, however that the Seller does not have any responsibility for defects that become apparent 5 years or more after delivery of the Product.
In the case of any other condition relating to defects of the Product and its warranty, the other conditions referred to in paragraph X above mentioned, apply in their entirety and are to be understood as having been repeated here. For further information on the "Conventional Warranty", the Client can: a) access the web page http://it.fpm.it/garanzia/ b) contact the Seller using the email address email@example.com.
Concerning the possible damage caused by defective Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree n. 206/2005 (Consumer Code), as subsequently amended, will be applied.
12. RIGHT OF WITHDRAWAL AND IMPLEMENTATION PROCEDURE
If the Client is a consumer (defined as any person using the website shop.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 shop.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 firstname.lastname@example.org
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 shop.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 shop.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 shop.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 shop.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 shop.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 shop.fpm.it and the conditions of sale, and their application, interpretation or execution, in accordance with art. 28 Code of Civil Procedure.