General Conditions of Sales
These general sales conditions (hereinafter also called “GSC”) govern the use of this website www.fluidofiume.com and the purchase of the product by any physical person who can be considered a consumer (the “Customer”).
The Customer acknowledges that:
- the website www.fluidofiume.com is owned by Fluidofiume of Eduardo Grillo, with offices in via per Marciaga, 9, 37016 Garda (VR) Italia;
- the seller of the Products, who is a contractual party with the Customer according to these general sales conditions (GSC) is Fluidofiume of Eduardo Grillo with offices in via per Marciaga, 9, 37016 Garda (VR) Italia;
- orders may only be made by adults and who are not legally incapacitated;
- the contract was concluded in Italian. If there are any differences between the General Conditions in languages other than Italian and accepted by the customer, the meaning and interpretation of the General Conditions in Italian shall prevail.
ARTICLE 1 - Subject and conclusion of the contract
With these general sales conditions, Fluidofiume sells to the customer, who purchases from a distance, the Products offered for sale on the website www.fluidofiume.com (the “Website”).
The contract is only concluded over the internet via Customer access to the website www.fluidofiume.com by sending a purchase order according to the procedure set forth on the website and by its acceptance by Fluidofiume. The purchase order sent by the Customer via the Website is valid as a contractual proposal and is regulated by these general sales conditions that the customer must accept in their entirety and with no type of reserve. For that purpose, before concluding the order, The Customer must read these GSC and the pre-contractual information provided on the page.
The sales contract is completed when Fluidofiume sends the Customer an email confirming the order. The email contains the Customer’s data, order number, price of the merchandise purchased, shipping costs, and address to which the merchandise will be sent.
The Customer will make sure the personal data contained within is correct and will promptly notify Fluidofiume of any necessary corrections.
In the order confirmation email, the Customer will also receive a link to download and archive a copy of these general sales conditions, as set forth in Art. 51, paragraph 1 of Italian Legislative Decree 206/2005, modified by Italian Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - Art. 49 of Italian Legislative Decree 206/2005
Before completing the purchase contract, the Customer notes the characteristics of the goods, as illustrated in the individual product sheets at the time they are chosen by the Customer. Before completing the purchase contract and sending in the order, the Customer is notified of the following:
- Identification of the seller;
- Total price of the goods including taxes, with detailed information regarding shipping and any other costs;
- Payment method;
- The timeframe in which Fluidofiume will have the merchandise delivered;
- The conditions, terms, and procedures for exercising the right to withdraw (Art. 6 of these conditions); as well as the withdrawal form as set forth in Annex I, Part B of Italian Legislative Decree 21/2014;
- Existence of the legal guarantee of conformity for the goods purchased;
- Post-sales support conditions and commercial warranties.
ARTICLE 3 - Product availability
The availability of the products indicated on the website refers to the effective availability at the time the Customer places the order. This availability must be considered indicative, however, because due to the simultaneous presence of several users on the website, the Products could be sold to other Customers before the order is confirmed.
When the products in the order are not available due to reasons beyond Fluidofiume’s control, the order will be automatically rectified by removing the product that is not available.
ARTICLE 4 - Prices
All sales prices for the products indicated on the Website are expressed in the local currency and include all taxes payable by the consumer.
Both for deliveries within the Italian territory and outside the Italian territory, the shipment is provided without any additional costs.
ARTICLE 5 - Payment method
Fluidofiume accepts various payment methods including, for example, credit cards, debit cards and bank transfers.
If paying with credit card or debit card, the amount of the order will only be debited when the order is complete and ready for shipment.
Communication regarding the payment and data communicated by the Customer is sent over protected lines. The safety of Credit Card payments is ensured through the SSL/ TLS (Transport Layer Security) encrypted data transmission protocol.
For each order placed on the Website, Fluidofiume will issue a receipt for the merchandise shipped, at the time of payment. This document will be send to the Customer by e-mail.
ARTICLE 6 - Right of withdrawal
In accordance with the provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The Customer who intends to exercise the right to withdraw must communicate it through an explicit statement, filling out the withdrawal form that can be downloaded here, as set forth in Annex I, Part B of Italian Legislative Decree 21/2014;
If the right to withdraw is exercised, the Customer must return the goods within 14 days of the date in which notification of the desire to withdraw from the contract is sent to the seller, as set forth in Art. 57 of Italian Legislative Decree 206/2005.
The merchandise must be shipped back to Fluidofiume and must be returned in its entirety, in the original packaging, including all of its parts (including packaging material, and any documentation and accessories) and including the tax documentation. The management of the return shipment of the products will be borne by Fluidofiume, who will book the collection of goods at the customer's home.
Once verified the products integrity, Fluidofiume will reimburse the amount for the returned products within a maximum period of 14 days.
The Customer is responsible for any decrease in the value of the goods as a result of handling them in a manner other than what is strictly required to establish the nature and characteristics of the goods. Therefore, if the Products returned are damaged or do not include all elements and accessories the Customer shall be responsible for the decreased value of the goods and will only be reimbursed for the residual value of the Product.
As set forth in Art. 56, paragraph 3, of Italian Legislative Decree 206/2005, modified by Italian Legislative Decree 21/2014, Fluidofiume may suspend the reimbursement until receipt of the goods or until demonstration by the Customer that the goods were sent to the seller.
Fluidofiume will reimburse the amount using the same payment means chosen by the Customer during the purchase.
ARTICLE 7 – Damaged artwork
In case the Customer will received damaged products, he has to contact Fluidofiume as soon as possible attaching necessary photos. Fluidofiume kindly ask to verify carefully any damage on the package at the time of delivery and pleases the receiver to sign the transport document with the clause "I accept with reserve" specifying the details and the dimension of the damage found on the packaging.
In case the artwork is damaged, the Customer can send it back to Fluidofiume, who will examine it and, where possible, its restoration specialists will restore it in a safely manner. There will not be additional costs for the Customer.
Please note: if more than a week has passed since the artwork has been delivered, Fluidofiume doesn’t accept any complaint for artwork damages.
ARTICLE 8 - Legal guarantee of conformity - Procedure for use
According to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free of design and material defects as well as conforming to the description published on the Website for a period of 2 (two) years from the date the Products were delivered to the Customer.
ARTICLE 9 – Responsibility
Fluidofiume shall not be responsible for interruptions in service due to force majeure or accidents, even where due to malfunctions or interruptions of the internet network, in the event it cannot execute the order within the terms set forth in these GSC.
Whether exercising the right of withdrawal or the right of guarantee of conformity, if the goods cannot be accepted by the seller because they do not have the requirements for exercising the rights referred to in Articles 6 and 7 above, it is the Customer’s responsibility to recover the goods made available to them at their own expense. The Customer unconditionally accepts that after 30 days of the communication of being made available to the Customer, Fluidofiume may proceed with lawful disposing of the merchandise not picked up by the customer.
ARTICLE 10 - Final clauses
The Products are sold with the characteristics described on the Website and according to the GSC published on the Website at the time the order is sent by the Customer, with the exclusion of any terms or conditions.
Fluidofiume reserves the right to change these general sales conditions at any time, at its own discretion, without prior notice to users of the Website. Any changes will be effective as of the date they are published on the Website and will be applied only to sales made starting from that date.
The prices, Products for sale on the Website, and their characteristics, are subject to changes without notice. Before sending the purchase order, the Consumer must check the final sales price. These General Sales Conditions are made up of the clauses included therein.
If one or more of the provisions in these General Sales Conditions is considered invalid or declared to be invalid according to the law, regulations, or following a decision by the presiding court, the other provisions will continue to be fully in force.
ARTICLE 11 - Governing laws and Jurisdiction
These General Sales Conditions are governed by Italian Law. In any case, the consumer will retain any rights enforceable by law in their country.
Any disputes that are not solved amicably will fall under the exclusive jurisdiction of the Court of Verona. As the consumer, the Customer also has the right to bring it before the courts of a member state of the European Union of residence or domicile.