ARMATA DI MARE – FACIB SPA
Conditions of Sale
Entry into force from publication of webSITE: February 1st 2020
1.1. These general terms and conditions of sale (from now on also the "Conditions") will refer and apply to every ‘ARMATA DI MARE’ item/PRODUCT (from now on also PRODUCT or PRODUCTS) via the Online-store (from now on also SITE). The SITE belongs to FACIB SPA who is the sole owner of the brand ARMATA DI MARE, with registered office in Via Per Fagnano Olona 11, 21058 SOLBIATE OLONA, ITALY (from now on also FACIB).
1.2. FACIB sells the PRODUCTS on the SITE with full rights. The Parties involved in the purchase of PRODUCTS via the SITE shall be FACIB as Seller (from now on the "Seller ") and the party purchasing one or more PRODUCTS (from now on, the “Client” or “Buyer” and, jointly with the Seller, the “Parties”). The Client could be a “Consumer”, as defined under article 3, comma 1° lett. a) of Italian Legislative Decree no. 206/2005 (Consumer Code), or "any physical person acting for purposes other than business, trade, craft or professional activity", and the "Professional" as defined in article 3, comma 1 ° lett. C) of the Consumer Code, or "natural or legal persons acting in the course of their business, trade, craft or professional activity". In view of the foregoing, the provisions of these Conditions expressly referring to the "Consumers" will apply only to the Client qualifying as "Consumers" pursuant to art. 3, comma 1 ° lett. a) of the Consumer Code. Professionals are invited to qualify as such when purchasing one or more PRODUCTS on the SITE by providing their VAT ID.
1.3. The Owner is not a party of these Conditions, but holds all rights to the SITE's domain name, the logos, the registered trademarks relating to the PRODUCTS available on the SITE and holder of all copyrights relating to the SITE and its contents.
1.4. Any communication by the Client in connection with and/or in relation to the purchase of the PRODUCTS, including any notifications, claims or requests concerning the purchase and/or delivery of the PRODUCTS or exercising the right to withdraw, etc. - shall be sent to the Seller at the addresses set on the SITE and in accordance with the procedure also set out on the SITE and to the e-mail address customercare@ArmataDiMare.com
1.5. All purchases are regulated by the general terms and condition of sale published on the SITE at the time the order is submitted by the Client.
1.6. Should one or more sales be made to a buyer who does not qualify as a Consumer, but as a Professional, these Conditions shall be applicable but, in derogation of what foreseen by the same:
The withdrawal right referred to in article 10 shall not apply to the buyer;
The PRODUCT warranty referred to in article 8 shall not apply to the buyer;
No other provisions foreseen in favour of the Client which reflect or comply with binding provisions of the law shall apply to the buyer;
The sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Client agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the SITE registration or purchase process.
1.8. Clients must be aged 18 or over in order to make purchases on the SITE and have legal capacity; the Client declares compliance with such requirements.
1.9. The Client shall be charged for any costs incurred to connect to the SITE via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same, unless differently specified on the SITE.
2. PRODUCT features and availability in the various geographical areas.
2.1. The PRODUCTS are sold by the Seller with the features described on the SITE and in accordance with these Conditions published on the SITE at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to WebSITE users. Any amendments shall come into force from the date on which they are published on the SITE, and will only apply to sales concluded from that date onwards.
2.3. Sales prices: the PRODUCTS sold on the SITE and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Client is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The SITE can be accessed from all over the world. However, the PRODUCTS available on the SITE can only be purchased by users who request delivery to one of the Countries listed on the SITE.
3. PRODUCT purchase procedure - Conclusion of each single purchase contract
3.1. The presentation of the PRODUCTS on the SITE, which are not binding for the Seller, is merely an invitation to the Client to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Client to the Seller via the SITE shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Client undertakes to fully accept the same without reservation. Before proceeding with the purchase of the PRODUCTS by sending the purchase order, Clients will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Clients will also be asked to check and correct any errors in their personal data.
3.3. The Client's purchase order is accepted by the Seller by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the SITE registration process, or during the order process if the Client has not registered on the SITE; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the PRODUCT features. The Client’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Client may request a copy of the same by sending an e-mail to the Seller at CustomerCare@ArmataDimare.com.
3.4. Any contract for the purchase of the PRODUCTS shall be deemed concluded when the Client receives the order confirmation from the Seller by e-mail
4. PRODUCT selection and purchasing procedure
4.1. The PRODUCTS displayed on the SITE can only be purchased by selecting the relative PRODUCTS and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the PRODUCTS chosen and added to the shopping cart, the Client will be asked to (i) register with the SITE, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the SITE registration phase, the Client will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the PRODUCTS chosen, the billing address and, on an optional basis, a telephone number on which the Client can be contacted in relation to the purchase made. The Client will be shown a summary of the order to be processed, and change the contents: at this point, the Client, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Client will also be asked to select a delivery option and a payment method from those available. If the Client selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Client for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Client when the Seller sends the actual order confirmation.
5. Delivery and acceptance of goods
5.1. While the SITE generally states whether or not PRODUCTS are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the SITE and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Client places the order. If the order cannot be processed by the Seller, as the PRODUCT ordered by the Client is not available, even temporarily, for delivery, the Seller shall notify the Client in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Client has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.3. The PRODUCTS ordered by the Client shall be delivered according to the method chosen from those available and listed on the SITE when the order was placed. The Client undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased PRODUCTS, and to notify the Seller, within this deadline, of any faulty PRODUCTS received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the PRODUCTS shall be deemed as accepted. In the event that the packaging or boxing of the PRODUCTS ordered by the Client reaches its destination visibly damaged, the Client is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with reservations”.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the PRODUCTS on sale is that indicated on the SITE at the time the order is placed by the Client. PRODUCT prices shown on the SITE are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Client is confirmed, and which the Client agrees to pay to the Seller in addition to the price shown on the SITE.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Client.
6.3. If the PRODUCTS are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Client hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the PRODUCT will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the PRODUCTS, the Client is invited to check with the relevant authorities in his country of residence or destination of PRODUCTS.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the PRODUCTS ordered under these Conditions are the exclusive responsibility of the Client.
6.5. The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. PAYMENT VIA WIRE TRANSFER. Payment for PRODUCTS purchased on the SITE shall be made strictly within 5 (five) days from confirmation of the order, in case payment terms are selected as “wire transfer”. Order confirmation will be sent by the Seller to the Client. The Client expressly agrees that processing of the contract by the Seller will commence at the moment when the price of the purchased PRODUCT/s is credited to the Seller’s bank account. Orders may be paid for by bank transfer to the Seller, where the Client shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.2. PAYMENT VIA CREDIT CARD OR PAYPAL. Payments for orders can be be processed via credit card or via PayPal at the conditions indicated on item 7.3. The Seller may allow additional payment methods, indicating them in the WebSITE's payment section.
7.3. When payment is processed by credit card, the Client will be transferred to a secure SITE and the credit card information will be communicated directly to: INSERT DATA SERVICE PARTNER
The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. The invoice/tax records relating to the purchase will be sent to the Client, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the PRODUCTS are to be delivered to a recipient in the Italian territory, or attached to the purchased PRODUCT in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (from now on "Consumer Protection Code"), provides Consumers with a legal warranty that the purchased PRODUCTS are free from material or manufacturing defects, and conform to the descriptions published on the SITE for a period of 2 (two) years from the date on which the PRODUCTS are delivered to the Consumer. Warranties are not applicable when PRODUCTS have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the PRODUCT, on the information leaflets, tags or labels.
8.2. The Consumer is required to report any defects and non-conformities of the PRODUCTS within and no later than 2 (two) months of acknowledging the same, sending the relative form to the Seller's Customer Service by email to CustomerCare@ArmataDiMare.com click HERE to download the ROG- Return of Goods Request Form], clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the PRODUCT, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the PRODUCT does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the PRODUCTS to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the SITE or placing the order; this e-mail will include the "ROG Code" Authorization to return the PRODUCTS shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the PRODUCTS have been returned. The PRODUCTS that the Seller has authorized to be returned shall be sent by the Consumer, together with a copy of the returned PRODUCT authorization e-mail indicating the "ROG Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
FACIB SPA Via Per Fagnano Olona 11, 21058 SOLBIATE OLONA, ITALY
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the PRODUCT reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
If the Seller undertakes to refund the Consumer for the price paid, the refund will be handled, where possible, using the same payment method used by the Consumer to purchase the PRODUCT, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address CustomerCare@ArmataDiMare.com the bank details for the bank transfer in his favour, and allow the Seller to to transfer the refund.
9. Defective PRODUCTS Liability
9.1. With regards to potential damages caused by faulty PRODUCTS, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the PRODUCTS on the SITE disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the PRODUCT concerned.
10. Right of withdrawal
10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, and without prejudice to the provisions of paragraphs 2bis.4 and 2bis.5 above, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the PRODUCT is delivered or (ii) if several PRODUCTS on one order are delivered separately, from the date the last PRODUCT was received.
10.2 To exercise a right of withdrawal, the Consumer shall, before the deadline indicated in paragraph 10.1 above, access the "My Returns" page in the My Account area or, if the same is not a registered user, by accessing the designated page and entering the order number and email address used to place the order. As an alternative, the Consumer can send an explicit declaration to FACIB, using the CONTACT FORM or email address CustomerCare@ArmataDiMare.com of his intention to exercise the right of withdrawal using the withdrawal form.
10.3 On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing, in the case where the ordered PRODUCT has already been received, the RMA form to be included in the package, along with the instructions on how to return the PRODUCT, to be sent within and no later than 14 days to:
FACIB SPA Via Per Fagnano Olona 11, 21058 SOLBIATE OLONA, ITALY
10.4 If the Consumer has received the PRODUCT, he is required to return it to the above indicated address without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer returns the goods before the period of 14 days has expired. The Consumer shall be responsible for the direct risks and costs of returning the goods, and providing proof of the same. If the Consumer exercises his right of withdrawal via the SITE and wishes to use the return service provided by the SITE, before confirming the withdrawal request, the cost to return the goods will be indicated.
10.5 If the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the PRODUCT), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the PRODUCT, and be entitled to receive a refund equal to the residual value of the PRODUCT. To this purpose, it is highly recommended for Consumers not to handle the PRODUCT other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the PRODUCTS plus further protective packaging that will keep them intact and protect them from writing or labels.
11. Intellectual Property Rights
11.1. The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the SITE or relating to the PRODUCTS are and remain the exclusive property of ARMATA DI MARE S.p.A. and/or its assignees, with no rights arising on the part of the Client in relation to the same as a result of access to the SITE and/or purchase of the PRODUCTS.
11.2. Unless prior specific consent is granted in writing by ARMATA DI MARE S.p.A., no contents of the SITE can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Client Personal Data
12.1. In order to proceed with the registration process, place an order and conclude this contract under these Conditions of sale, the Client is required to provide certain personal details. The Client hereby acknowledges that the personal data provided will be recorded and used by the Seller and by ARMATA DI MARE S.p.A. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended - the Privacy Code (Personal Data Protection Code), to process each purchase via the SITE and, upon granting his consent, for any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Client via the SITE during the registration phase.
12.2. The Client hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Client is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the SITE, which can be accessed after logging in.
13. Data Security
13.1. While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Client on the SITE, even after the Client has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service BV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, if the Client is a Consumer, the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RISOLVI_ONLINE service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RISOLVI_ONLINE regulations or to submit a settlement request, please visit the webSITE at www.risolvionline.com. (verificare if Patrizia agrees)
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: CustomerCare@FTLModa.com
14.4. If no settlement attempt is made, as under section 14.2, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Consumer's place of residence or domicile address.