Terms and conditions
Object of the Agreement
These general terms and conditions regulate the sale to end customers (hereinafter also “customer” or “buyer”) of the products effected remotely and using electronic means, by the company Figoes Company GmbH, tax number IT03099780219, with headquarters in Dantestraße 35A, I-39042 Brixen (hereinafter also “seller”) via the website www.vafancoolo.com and the online shop contained therein, following the procedures set out therein.
The essential product characteristics are described on the Website of the seller Figoes Company GmbH; the illustrations to the individual products do not necessarily show their characteristics in an exact way. In particular, the colours of the products can deviate from the actual colours due to the internet browser and the screen used by the customer.
Procedure for contract conclusion
The information and details in the online shop do not constitute binding offers on the part of the seller; the seller undertakes to deliver the products selected and ordered by the customer – if available – against payment of the corresponding amount.
Once the buyer has found the desired product in the online catalogue listed on the Website www.vafancoolo.com, he/she can place it in the electronic shopping cart without any obligation. The contents of the shopping cart can be viewed, changed or removed at any time. After confirming the shopping cart, the buyer must fill in the application form correctly and completely and give consent to the online purchase. The ordering process can be cancelled at any time by closing the browser window.
The buyer who sends confirmation of his order by electronic means agrees to fully accept the terms and conditions described herein and to comply with them in his business relations with the seller; he declares that he has seen and accepts all the information provided by the seller in the sense of the above provisions and he further acknowledges that the seller is not bound by any other terms and conditions unless they have been agreed in advance in writing.
After submitting the order and after the seller has checked the availability of the ordered products, an e-mail will be sent to confirm receipt of the order. If only a part of the ordered products should not be available and no further reasons should be present, which oppose a partial execution of the order, the Figoes Company GmbH will supply only the available products.
In the above mentioned cases the Figoes Company GmbH informs the customer by e-mail about the fact that the order was not accepted (completely or partly) and therefore no contract has been concluded. In this case the vendor refunds the customer any amounts already paid by him.
The sales contract between the customer and the Figoes Company GmbH is concluded only if the vendor has accepted the order of the customer.
Sale price and payment terms and conditions
The product prices indicated on the website are expressed in euros. They are always indicative and must be expressly confirmed by the seller by e-mail, who will then accept the order.
The selling prices of the products are inclusive of VAT, but do not include shipping costs, which are added to the total amount. The amount of the shipping costs depends on the type of delivery requested.
The customer agrees to pay the purchase price using the following modalities:
Terms of delivery
The products shall be delivered in the time frames and with the methods specified in the delivery service chosen by the customer among the various options listed on the site. Shipping costs may vary depending on the type of delivery requested and are at the expense of the customer. After successful dispatch the Figoes Company GmbH informs the customer by e-mail about the occurred dispatch with notes for the pursuit of the sending. The delivery is possible within those delivery countries listed on the Website.
The seller is not responsible for the delay or the missing delivery of the goods in case of inexact or incorrect address details given by the customer.
The risks for the products are transferred to the customer or to a third party designated by the customer from the moment the product is delivered. Upon receipt of the goods, the buyer must ensure that the delivered goods are in accordance with the order and that the package was delivered in an undamaged condition.
Limitation of liability and warranty
The seller accepts no liability for any delays or non-deliveries attributable to events of force majeure or any similar events which might, in whole or in part, prevent the fulfilment of the Agreement by the agreed date.
In the event of non-compliance, the norms laid down in Legislative Decree no. 206 dated 6 September, 2005 shall be applicable. The buyer can exercise the legal warranty rights by contacting the company at the contact information given in the imprint of the website www.vafancoolo.com.
In the event of a product defect, the buyer has the right to request either free repair or replacement of the defective product by the seller, unless the requested remedy is objectively impossible or involves excessive costs for the seller, in accordance with art. 130, paragraph 4 of the Italian Consumer Code. If the repair or the replacement is not possible or is connected with excessive burdens, the customer has, upon return of the defective product to the Figoes Company GmbH, the right to a price reduction or to the refund of the amount corresponding to the value of the goods.
Right of withdrawal
The customer has the right, in accordance with the Italian Consumer Protection Law no. 206 of 06.09.2005, to withdraw from the contract without penalty and without giving reasons within 14 days of receipt of the goods ordered.
The withdrawal right can be exercised within the above mentioned period of 14 days by means of a clear statement (for example by letter, fax or e-mail), which has to be sent to the contact details of Figoes Company GmbH stated in the imprint of the website www.vafancoolo.com.
The goods must be returned by the customer without delay and in any case within 14 days from the notification of the withdrawal at the latest. For the exercise of the withdrawal right it is indispensable that the returned products are in perfect condition; any possible loss of value of the goods shall be covered by the customer. In particular, the products must not have been used, worn, washed or damaged and all labels and seals must still be on the products. The costs directly related to the return of the goods shall be borne by the purchaser.
The purchaser who has exercised his/her right of withdrawal as described herein shall receive reimbursement of the amounts already paid, with the exception of any supplementary costs relating to methods of delivery expressly selected by the purchaser and other than the more economical method of delivery offered by the Seller. Whatever the payment method used by the customer, the company Figoes Company GmbH shall perform the refund, as soon as possible and in any case within thirty days from the date on which the seller became aware of the right to exercise withdrawal by the customer, subject to compliance with all the requirements for exercising the right of withdrawal.
Refunds will be made according to the payment method used by the customer at the time of the online purchase.
With reference to all the requirements regarding the collection, processing of the customer’s personal data and related purposes, please refer to the relevant information contained on the site.
Jurisdiction and applicable law
The present contract is governed by Italian law.
The customer is hereby informed that, in compliance with the European Union Regulation no. 524/2013, an online dispute resolution platform of the European Union (accessible at: http://ec.europa.eu/consumers/odr/) has been set up, designed for use by purchasers wanting reach an out-of-court settlement for disputes arising from online agreements for the purchase of goods or services.
In accordance with art. 66-bis of the Italian Consumer Code no. 206/2005, the court of jurisdiction is the court in whichdistrict the buyer is domiciled, if this is located on Italian territory. If the purchaser is not qualified as end user, it is agreed that the exclusive place of jurisdiction is the Regional Court of Bolzano.
Unless expressly provided otherwise herein, the laws governing commercial dealings and the specific cases specified in this Agreement, as well as the norms contained in the Italian Civil Code and Legislative Decree no. 206 dated 6 September, 2005 (Italian Consumer Code), shall be applicable.