These terms and conditions are valid only between the company FTM S.R.L. Unipersonale, with registered office in Via Bruno Buozzi 7, 25033 Cologne (BS), REA BS – 544935, VAT number 03565830985, hereinafter referred to as “FTM” and any person who makes purchases online on the website www.ftmguarnizioni.it hereinafter referred to as “CUSTOMER”.
The following general terms and conditions of sale are subject to subsequent modifications; the date of entry into force of the present general terms and conditions of sale will coincide with the date of publication on the FTM website.
The general terms and conditions will regulate all purchases that will be made on the website www.ftmguarnizioni.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, modified by Legislative Decree n. 21/2014 and the Legislative Decree 70/2003 on electronic commerce.
1. OBJECT OF THE CONTRACT
These general terms and conditions of sale rule the relationship between FTM (seller) and the CUSTOMER who remotely purchases the movable property represented, illustrated and offered for sale on the website www.ftmguarnizioni.it.
The contract must be concluded exclusively through the Internet, i.e. by accessing the CUSTOMER at www.ftmguarnizioni.it and the consequent completion of a purchase order through the standardized procedure on the website.
The CUSTOMER undertakes to read, before proceeding to confirm his order, these general terms and conditions of sale, and all the pre-contractual information that will be provided by FTM and to accept them by affixing a suitable flag for this purpose prepared and planned by the order management system.
These general terms and conditions of sale will be downloadable and storable by the customer by accessing the appropriate link contained in the first order summary email and in the subsequent email containing the order confirmation which will be sent by FTM; all in compliance with art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
2. TECHNICAL INFORMATION AND SPECIFICATIONS OF THE SOLD PRODUCT
The purchasing system and purchasing management system requires the CUSTOMER, prior to the conclusion of each purchase contract, to take a mandatory view of the characteristics of the goods offered for sale, characteristics that are illustrated in detail in the individual product sheets (sheets containing detail of the technical specifications, dimensions, tolerance, composition, compound used etc. etc.) visible for each product when the CUSTOMER makes his choice.
FTM will guarantee only and exclusively the perfect correspondence between the technical characteristics of the goods sold with all the technical characteristics, dimensional, tolerances, compositions etc. indicated in detail and specifically in each technical data sheet related to each product offered for sale; therefore the CUSTOMER will evaluate and assume the related responsibilities regarding the suitability of the product purchased to serve a specific and determined use; for these reasons, FTM will not be required to know the final use of the goods sold, having to limit itself to guaranteeing the only and faithful correspondence between the specifications of the product promoted for sale and the one actually sold.
FTM will not be held responsible for alterations of the technical characteristics of the product, as indicated in the technical data sheets, which are attributable to deterioration and / or abnormal use, attributable to negligence in the conservation of the property, incorrect application and / or installation operations , replacements and / or maintenance carried out by third parties, for chemical, mechanical and / or electrical factors external and extraneous to the product as sold.
Before validating the order with “payment obligation”, the CUSTOMER is informed about:
– total price of goods including taxes, detail of shipping costs and any other costs connected and correlated with the purchase;
– terms of payment;
– the deadline by which FTM undertakes to deliver the goods;
– existence of the guarantee for the goods purchased;
IThe CUSTOMER can at any time and therefore even before the conclusion of the contract, take note of the information relating to FTM, the geographical address, telephone and fax number, email address, PEC, information that is reported, also below:
FTM S.R.L. Unipersonale
Registered office Via Bruno Buozzi, 7 25033 Cologne (BS) tel. +39-030-653362 – Fax. +39-030-6548903
3. – CONCLUSION OF THE CONTRACT
The sale contract is to be considered concluded when an email containing the order confirmation is sent by FTM to its CUSTOMER. The email will contain all the CUSTOMER data, the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and the link to allow the customer to be able to save a copy of the present general terms and conditions of sale.
The CUSTOMER will take care of checking the correctness of the personal data entered by him and reported in the above e-mail and undertakes to immediately notify FTM of any errors and consequent corrections or changes to be made.
FTM undertakes to describe, present and illustrate in detail the items offered for sale on the website; all in the best possible way. The photos of all products presented on www.ftmguarnizioni.it are to be considered merely illustrative and indicative of the product.
FTM undertakes to ship the goods within 4 working days from the date of sending the e-mail with the corresponding order confirmation to the CUSTOMER.
4. – PRICES
The sale prices of the products indicated on the website www.ftmguarnizioni.it are indicated in Euros, EX- WORKS Incoterms 2010 and do not include VAT.
Shipping costs are not included in the price but will be indicated and charged only at the time of the conclusion of the purchase process and not before the actual payment.
FTM can modify the prices indicated on the website www.ftmguarnizioni.it at any time; however, the goods will be invoiced to each CUSTOMER on the basis of the prices indicated on the website at the time of the order and reported in the order confirmation email that will be sent to the CUSTOMER.
In the event that an IT problem or a management / use problem of the IT system may occur that could generate excessively high and / or excessively low product prices, the order placed by the CUSTOMER on these products with the spoiled prices must be considered invalid and cancelled and what eventually paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
5. – TERMS AND METHODS OF PAYMENT
The payments made by the buyer can only be made by credit cards specifically indicated on the website www.ftmguarnizioni.it through the Virtual Pay service, by bank transfer and by Paypal payment method.
The charges will be made only upon completion of the order.
6. – AVAILABILITY OF PRODUCTS
The availability of the product must be considered merely indicative and referable only to the moment of the order, as the good could be contextually subject to simultaneous sales to different customers, so that it could happen that a product is digitally available but concretely terminated.
In such cases, the CUSTOMER will be immediately notified via email; with this email the customer will also be informed of the methods and timing of reimbursement of any sums paid.
7 – DELIVERY
In the event that the option chosen by the CUSTOMER is transport arranged by FTM, all products will be delivered by express courier to the address that will have been indicated by the CUSTOMER at the time of completing the order within a time of about 2-3 days from the date of completion of the order.
With each completed order, FTM will follow the issue of the related invoice. The invoice will be issued in form and in compliance with current legislation and a “courtesy” copy of the digital invoice issued will be attached and / or sent to the customer; the above mentioned “courtesy” document will have no fiscal value.
8 – RESPONSIBILITY
FTM will not be responsible in any way for delays in delivery and / or preparation of the order in the event that this impossibility is due to force majeure or unforeseeable circumstances; including reasons and causes attributable to problems of malfunction of the internet.
9. – WARRANTY
In the event that the goods sold are affected by vices and defects or in any case do not comply with the specifications and characteristics indicated in the product sheets on the website for that type of product, the CUSTOMER has the right to replacement without expenses and charges.
The warranty right may be exercised by the CUSTOMER within one year from the date of delivery provided that the CUSTOMER himself provides for the reporting of the vice and defect to FTM within eight days of its disclosure; the above mentioned term will start from the disclosure of the vice and defect, in the event of hidden defect, or from the date of the delivery of the product in the event of evident / non-occult defect; all in accordance with the provisions of art. 1490 et seq. C.C.
10. RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from the purchase without any penalty and without mentioning any reason, within 14 days from the delivery of the product.
In the event of purchasing multiple products with the same order and subsequent delivery made at different times, the term of 14 days will run from the date of receipt of the last product.
The will of withdrawal must be communicated by the CUSTOMER to FTM by means of a formal declaration to be carried out by registered letter with return receipt to be sent to the company headquarters or via certified email.
IThe CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by transmitting the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below
Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h) (complete and return this form only if you wish to withdraw from the contract) FTM Srl, via Bruno Buozzi, 7 25033 Cologne (BS) telephone: + 39-030- 65-3362 – fax: + 39-030-6548903 and -mail: email@example.com
Herewith I / we (*) notify the withdrawal from my / our (*) contract of sale of the following goods / services (*) – Ordered on (*) / received on (*) – Name of / of the purchaser (s) – Address of the purchaser (s) – Signature of the purchaser (s) (only if this form is sent in paper version) – Date
(*) Delete the unused wording
Con la presente io/noi (*) notifico/notifichiamo (*) il recesso dal mio/nostro (*) contratto di vendita dei seguenti beni/servizi (*) – Ordinato il (*) /ricevuto il (*) – Nome del/degli acquirente(i) -Indirizzo del/degli acquirente(i) – Firma del/degli acquirente(i) (solo se il presente modulo è inviato in versione cartacea) – Data
(*) Cancellare la dicitura non utilizzata
In case of withdrawal, the CUSTOMER must return the goods within the maximum period of 14 days from the day of manifestation of the will of withdrawal.
The goods must be sent back to FTM S.R.L. Via Bruno Buozzi, 7 25033 Cologne (BS).
The goods must be returned absolutely intact and immune to tampering, breakages and / or signs that indicate
the partial use of the same. Once the checks relating to the conformity of the returned goods have been carried out, FTM will reimburse the amount paid net of shipping costs incurred within a period of 14 days.
The product subject to return will be returned at the expense and care of the CUSTOMER except in the event that the product has vices and defects attributable to the responsibility of FTM.
11 – JURISDICTION AND TERRITORIAL COMPETENCE
Any dispute relating to the sales contract concluded between the parties will be subject to the exclusive Italian jurisdiction and to the exclusive territorial jurisdiction of the Court of Brescia (Italy).
12 – SELF-SUFFICIENCY PRINCIPLE
These General Terms and Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a Court having jurisdiction, the other provisions will continue to have full force and efficacy.
General terms and conditions of sale issued on 9 July 2020