Terms and conditions
CONTRACT FOR THE ONLINE SALE OF CONSUMER GOODS
The Buyer expressly declares that he/she is making the purchase for purposes unrelated to his/her business or professional activity.
Seller Identification:
The goods that are the subject of these general conditions are offered for sale by Fabbrika Kreativa di Concetti Francesco, con sede/filiale in Falerone (FM), Italia, Via Pozzo n. 117, VAT number IT02234090433
hereinafter referred to as "Seller".
Art. 1 – Definitions
The expression "online sales contract" means the contract of sale relating to the Seller's tangible movable goods, entered into between the Seller and the Buyer within the framework of a distance selling system through telematic tools, organized by the Seller.
The term "Buyer" means the individual consumer who makes the purchase, as referred to in this contract, for purposes unrelated to any commercial or professional activity.
The term "Seller" refers to the entity named in the epigraph or the information service provider.
Art. 2 – Subject matter of the contract
2.1. By this contract, respectively, the Seller sells and the Buyer purchases at a distance through telematic means the tangible movable goods indicated and offered for sale on the website foscasbatik.com
2.2. The products referred to in the preceding paragraph are illustrated on the web page: www.foscasbatik.com/shop
Art. 3 - Methods of entering into the contract
3.1. The contract between the Seller and the Buyer is concluded exclusively through the Internet network by means of the Buyer's access to the address foscasbatik.com , where, following the indicated procedures, the Buyer will arrive to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 - Conclusion and effectiveness of the contract.
4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the accession sent online or by filling out the form/form attached to the electronic catalog online at https://foscasbatik.com/my-account/orders and the subsequent sending of the form/form itself, always subject to the display of a printable web page summarizing the order, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery, and the existence of the right to withdrawal are all indicated.
4.2. The moment the Seller receives the order from the Buyer, they shall send either a confirmation e-mail or display a printable order confirmation and summary web page in which the data referred to in the preceding paragraph is also shown.
4.3. The contract shall not be considered completed and effective between the parties in the event of failure to comply with the preceding paragraph.
Art. 5 - Method of payment and reimbursement
5.1. Any payment by the Buyer may be made only by one of the methods indicated on the appropriate web page by the Seller (bank transfer, Paypal, Credit Card)
5.2. Any eventual reimbursements made to the Buyer will be credited by one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in the event that the right of withdrawal is exercised, as governed by Article 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Seller has become aware of the withdrawal.
5.3. All payment-related communications will be carried out on a special encryption protected Seller's line. The Seller guarantees the storage of this information with an additional level of security encryption and in deference to the provisions of current data protection regulations
Art. 6 – Delivery times and methods
6.1. The Seller will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time the goods are offered, as confirmed by e-mail.
6.2 Shipping times may vary from 2 business days following the day the order was placed to a maximum of 15 business days from the confirmation of the order. In the event that Seller is unable to ship within said time frame but, in any event, within the time frame indicated in the following point, timely notice will be given to Buyer by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at the address https://www.foscasbatik.com/pagamenti-e-consegne
Art. 7 - Prices
7.1. All sales prices of the products displayed and indicated on the website www.foscasbatik.com/shop are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the civil code
7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding the order by the Buyer and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue, or at the moment in which the order was placed by the Buyer.
Art. 8 – Availability of products
8.1. The Seller ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Seller will notify the Buyer via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Seller's computer system confirms the order's registration as soon as possible by sending the Buyer a confirmation by e-mail, pursuant to point 4.2.
Art. 9 – Limitations of liability
9.1. The Seller assumes no responsibility for disservices attributable to force majeure if he is unable to execute the order within the time stipulated in the contract.
9.2. The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.
9.3. The Seller shall also not be liable for any damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract due to causes beyond its control, the Buyer being entitled only to a full refund of the price paid and any incidental charges incurred.
9.4. The Seller takes no responsibility for any fraudulent or illegal use of credit cards, checks, and other means of payment that may be made by third parties during the purchase of a product if it is demonstrated that the Seller has taken all the possible precautions on the basis of the best science and experience available at the moment, as well as ordinary diligence.
9.5. Under no circumstances can the Buyer be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Seller.
Art. 10 – Liability for defects, proof of damage and recoverable damages: the Seller's obligation
10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if he fails to inform the Injured Party, within 3 months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods.
10.2. The aforementioned request, by the Damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the injured person was aware of the defect in the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Art. 11 – Guarantees and methods of assistance
11.1. The Seller is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, especially in advertising or on labelling; brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has accepted also for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 60 days (2 months) from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt or by PEC, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Seller has accepted the Buyer's request, he must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction of the price or the resolution of the
contract. In this case, the Buyer must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate the methods for re-crediting the sums previously paid to the Seller.
Art. 12 – Buyer's obligations
12.1. The Buyer undertakes to pay the price of the goods purchased within the times and in the manner indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 13 – Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered mail to the address
Fabbrika Kreativa di Concetti Francesco,
Via Pozzo n. 117,
63837 – Falerone (FM), Italia,
or by certified email (PEC) to the email address fabbrikakreativa@pec.it
The stamp affixed by the post office on the receipt issued or the delivery receipt by the Buyer's certified e-mail manager will be authentic between the Parties. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be valid between the Parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation, including the original packaging in which the goods were packaged.
13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or rapidly altering, of the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to bear them.
13.7. The Seller will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.
Art. 14 – Reasons for termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the civil code, without the need for a judicial ruling.
Art. 15 – Protection of confidentiality and treatment of the Buyer's data
15.1. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 1961.
The personal and fiscal data acquired directly and/or through third parties from the Seller, Fosca Tittarelli, data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods for the purpose of registering the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
15.3. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only at the request of the Judicial Authority or other authorities authorized by law.
15.4. Personal data will be communicated, upon signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Buyer enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
15.8. The owner of the collection and processing of personal data is the Seller, to whom the Buyer may address any request at the company headquarters3.
15.9. Anything sent to the Seller's postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Seller for the content of the messages themselves.
Art. 16 – Methods of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form on the server and at the Seller's headquarters according to confidentiality and security criteria.
Art. 17 – Communications and complaints
17.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address:
Fabbrika Kreativa di Concetti Francesco, Via Pozzo n. 117 – 63837 Falerone (FM), Italia, or sent via PEC to the following email address: fabbrikakreativa@pec.it
The Buyer indicates in the text his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.
Art. 18 – Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Macerata (MC – Italy) and resolved according to the Conciliation Regulation adopted by the same, or through the European Platform for online dispute resolution, reachable at the address https://ec.europa.eu/consumers/odr
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Buyer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 19 – Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases envisaged in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Art. 20 – Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.
1 Requirements of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 – Simplifications of certain obligations in the public and private spheres with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal of 1 July 2008, n. 152.
2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.
3 "Unless the Company has appointed a representative of Mr. Francesco Concetti.
The Buyer expressly declares that he/she is making the purchase for purposes unrelated to his/her business or professional activity.
Seller Identification:
I beni oggetto delle presenti condizioni generali sono posti in vendita da Fosca Tittarelli, con sede in Via G. Rossini, 174 62011 – Cingoli, MC – Italia partita IVA IT02112070434
hereinafter referred to as "Seller".
Art. 1 – Definitions
The expression "online sales contract" means the contract of sale relating to the Seller's tangible movable goods, entered into between the Seller and the Buyer within the framework of a distance selling system through telematic tools, organized by the Seller.
The term "Buyer" means the individual consumer who makes the purchase, as referred to in this contract, for purposes unrelated to any commercial or professional activity.
The term "Seller" refers to the entity named in the epigraph or the information service provider.
Art. 2 – Subject matter of the contract
2.1. By this contract, respectively, the Seller sells and the Buyer purchases at a distance through telematic means the tangible movable goods indicated and offered for sale on the website foscasbatik.com
2.2. The products referred to in the preceding paragraph are illustrated on the web page: www.foscasbatik.com/shop
Art. 3 - Methods of entering into the contract
3.1. The contract between the Seller and the Buyer is concluded exclusively through the Internet network by means of the Buyer's access to the address foscasbatik.com , where, following the indicated procedures, the Buyer will arrive to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 - Conclusion and effectiveness of the contract.
4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the accession sent online or by filling out the form/form attached to the electronic catalog online at https://foscasbatik.com/my-account/orders and the subsequent sending of the form/form itself, always subject to the display of a printable web page summarizing the order, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery, and the existence of the right to withdrawal are all indicated.
4.2. The moment the Seller receives the order from the Buyer, they shall send either a confirmation e-mail or display a printable order confirmation and summary web page in which the data referred to in the preceding paragraph is also shown.
4.3. The contract shall not be considered completed and effective between the parties in the event of failure to comply with the preceding paragraph.
Art. 5 - Method of payment and reimbursement
5.1. Any payment by the Buyer may be made only by one of the methods indicated on the appropriate web page by the Seller (bank transfer, Paypal, Credit Card)
5.2. Any eventual reimbursements made to the Buyer will be credited by one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in the event that the right of withdrawal is exercised, as governed by Article 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Seller has become aware of the withdrawal.
5.3. All payment-related communications will be carried out on a special encryption protected Seller's line. The Seller guarantees the storage of this information with an additional level of security encryption and in deference to the provisions of current data protection regulations
Art. 6 – Delivery times and methods
6.1. The Seller will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time the goods are offered, as confirmed by e-mail.
6.2 Shipping times may vary from 2 business days following the day the order was placed to a maximum of 15 business days from the confirmation of the order. In the event that Seller is unable to ship within said time frame but, in any event, within the time frame indicated in the following point, timely notice will be given to Buyer by e-mail.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at the address https://www.foscasbatik.com/pagamenti-e-consegne
Art. 7 - Prices
7.1. All sales prices of the products displayed and indicated on the website www.foscasbatik.com/shop are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the civil code
7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding the order by the Buyer and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue, or at the moment in which the order was placed by the Buyer.
Art. 8 – Availability of products
8.1. The Seller ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, the Seller will notify the Buyer via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Seller's computer system confirms the order's registration as soon as possible by sending the Buyer a confirmation by e-mail, pursuant to point 4.2.
Art. 9 – Limitations of liability
9.1. The Seller assumes no responsibility for disservices attributable to force majeure if he is unable to execute the order within the time stipulated in the contract.
9.2. The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.
9.3. The Seller shall also not be liable for any damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract due to causes beyond its control, the Buyer being entitled only to a full refund of the price paid and any incidental charges incurred.
9.4. The Seller takes no responsibility for any fraudulent or illegal use of credit cards, checks, and other means of payment that may be made by third parties during the purchase of a product if it is demonstrated that the Seller has taken all the possible precautions on the basis of the best science and experience available at the moment, as well as ordinary diligence.
9.5. Under no circumstances can the Buyer be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Seller.
Art. 10 – Liability for defects, proof of damage and recoverable damages: the Seller's obligation
10.1. Pursuant to articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if he fails to inform the Injured Party, within 3 months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the goods.
10.2. The aforementioned request, by the Damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
10.4. No compensation will be due if the injured person was aware of the defect in the product and of the danger deriving from it and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Art. 11 – Guarantees and methods of assistance
11.1. The Seller is liable for any lack of conformity that occurs within 2 years of delivery of the goods.
11.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, especially in advertising or on labelling; brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has accepted also for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 60 days (2 months) from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered letter with return receipt or by PEC, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Seller has accepted the Buyer's request, he must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction of the price or the resolution of the
contract. In this case, the Buyer must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate the methods for re-crediting the sums previously paid to the Seller.
Art. 12 – Buyer's obligations
12.1. The Buyer undertakes to pay the price of the goods purchased within the times and in the manner indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 13 – Right of withdrawal
13.1. In any case, the Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered mail to the address
Fosca’s Batik
Via G. Rossini, 174 62011 – Cingoli, MC – Italia partita IVA IT02112070434
oppure a mezzo di posta elettronica certificata (PEC) all’indirizzo e-mail : foscasbatik@pec.it
The stamp affixed by the post office on the receipt issued or the delivery receipt by the Buyer's certified e-mail manager will be authentic between the Parties. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased good, provided that it is within the same terms. The date of delivery to the post office or to the shipper will be valid between the Parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation, including the original packaging in which the goods were packaged.
13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or rapidly altering, of the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to bear them.
13.7. The Seller will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.
Art. 14 – Reasons for termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the civil code, without the need for a judicial ruling.
Art. 15 – Protection of confidentiality and treatment of the Buyer's data
15.1. The Seller protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 1961.
The personal and fiscal data acquired directly and/or through third parties from the Seller, Fosca Tittarelli, data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods for the purpose of registering the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
15.3. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only at the request of the Judicial Authority or other authorities authorized by law.
15.4. Personal data will be communicated, upon signing of a confidentiality commitment of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Buyer enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, i.e. the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
15.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
15.8. The owner of the collection and processing of personal data is the Seller, to whom the Buyer may address any request at the company headquarters3.
15.9. Anything sent to the Seller's postal address (even electronically) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful, in any case no responsibility can be attributed to the Seller for the content of the messages themselves.
Art. 16 – Methods of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form on the server and at the Seller's headquarters according to confidentiality and security criteria.
Art. 17 – Communications and complaints
17.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address:
Fabbrika Kreativa di Concetti Francesco, Via Pozzo n. 117 – 63837 Falerone (FM), Italia, or sent via PEC to the following email address: fabbrikakreativa@pec.it
The Buyer indicates in the text his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Seller to be sent.
Art. 18 – Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Macerata (MC – Italy) and resolved according to the Conciliation Regulation adopted by the same, or through the European Platform for online dispute resolution, reachable at the address https://ec.europa.eu/consumers/odr
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Buyer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 19 – Applicable law and referral
19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided for herein, the provisions of law applicable to the relationships and cases envisaged in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
Art. 20 – Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.
1 Requirements of the Privacy Guarantor - art. 154, 1 c) of Legislative Decree 196/2003 – Simplifications of certain obligations in the public and private spheres with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal of 1 July 2008, n. 152.
2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.
3 “Salvo che non sia stato nominato dall’Impresa un responsabile nella persona della Sig.ra Fosca Tittarelli.