GENERAL TERMS AND CONDITIONS OF SALE
Before placing orders on the website www.fusarouomo.eu it is necessary to carefully read and accept the General Conditions of Sale reported below.
ARTICLE 1. THE COMPANY
The company Caracciolo Group Srl, with registered office in Via Toledo, 148, 80132, Naples, VAT number 07858181212, (hereinafter «Caracciolo Group») has created and manages the website www.fusarouomo.eu, through which it is authorised to sell its men's clothing, footwear, perfumes and fashion accessories products (hereinafter the "Products") to users who visit the site (hereinafter the "Users").
For any and all complaints regarding an order placed, purchase made and/or Products purchased, Users may contact the customer service whose details are given below:
E-mail: info@fusarouomo.eu
Telephone: (active from Monday to Friday from 9.30 to 13.00 and from 14.00 to 17.30).
Address: Via Toledo, 148 - Naples.
ARTICLE 2. THE WEBSITE
The site www.fusarouomo.eu (hereinafter the "Site") is an e-commerce site accessible via the Internet through the Internet at the address www.fusarouomo.eu
The Site is accessible from Italy by all internet users (hereinafter, "Internet Users"). In the context of these General Conditions of Sale (hereinafter "GCS"), the term "Parties" shall mean jointly the Users and the Caracciolo Group and the term "Party" shall mean one of the two separately. The term "Buyer" shall mean all Users who have placed an order for the purchase of the Products with delivery exclusively on Italian territory. The same rights and obligations provided for in the GCS for the Users shall refer to and apply to the Buyer.
The sale of Products through the Site is intended solely for the personal use of Users and not for the purposes of their professional activity.
The Products purchased on the Site will be delivered exclusively within the territory of the Italian Republic, the Republic of San Marino and the Vatican State.
Orders with a PO Box delivery address cannot be processed.
Users who wish to purchase on the Site, aware of the civil and criminal responsibilities in the event of false declarations, declare that they have full legal capacity and are of age under Italian law.
Each purchase order for Products offered on the Site implies the consultation and express acceptance of the GTC, without however such acceptance being conditioned by an autographed signature of the User.
In accordance with Articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree no. 21/2014, Legislative Decree no. 185/99, implementing Directive 97/7/EC, and Presidential Decree 513/97, the completion and submission of the order form, referred to in the following art. 5 "Methods for entering and confirming orders", constitutes for all legal purposes a sales contract between the Caracciolo Group and the User of the Site, from which arise reciprocal rights and obligations governed by civil law, arising from the online sale of the Products and from the relationships that the Parties establish on the Internet and exclusively on the Site.
The User may save and print the GTC, provided that no changes are made to them.
The GTC define all the steps necessary to place an order, as described in Article 4 "Methods of placing and confirming orders" and ensure the execution of the aforementioned order between the Parties.
The applicable GTC can be consulted at any time by clicking on the appropriate link.
Caracciolo Group may update the GTC at any time
These GTC will apply to the exclusion of any other document.
ARTICLE 3.PRODUCTS
The Products offered for sale by Caracciolo Group are those listed on the Site on the date of consultation of the same by the Users, within the limits of stock availability.
The photographs illustrating the Products do not fall within the scope of this contract; therefore Caracciolo Group cannot be held responsible for any errors and/or discrepancies.
Despite the commitment to ensure a faithful reproduction of the colours of the Products represented in the photos published on the Site compared to the originals, hypotheses of discrepancies are not excluded, in particular due to technical limitations in the computer reproduction of colours. Consequently, Caracciolo Group cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of the Products present on the Site.
Product availability.
The Products are offered within the limits of available stock. In the event of unavailability of one of the Products, the Buyer will be informed promptly.
The communication may be notified:
- When creating the order: a window appears indicating that the desired Product is temporarily unavailable.
- After order confirmation: before delivery, by email or by telephone.
If the unavailability of a product is contested after the order has been confirmed, the Buyer will have the option to cancel his/her order by requesting a refund of the sums paid for the unavailable products within and no later than 30 (thirty) days of their collection or the replacement of the unavailable Product(s) via email.
Caracciolo Group declines any responsibility in case of out of stock or unavailability of the Products.
When the User of the Site places an order, he/she has the right to view all the Products that can be purchased online.
Retention of title
The ordered products remain the property of Caracciolo Group until the price has been fully collected by the latter and at the time the Products are delivered and physically received by the Buyer. In the event of payment irregularities, the Buyer undertakes to return the products received to Caracciolo Group, at the first request. On the other hand, on the actual date of delivery, the risks (specifically related to loss, theft or damage) concerning the delivered products are borne by the Buyer.
ARTICLE 4. PRICES AND PAYMENTS
Prices
The prices of the Products are indicated in Euros and include VAT applicable on the date of the order.
The price charged to the Buyer is the price declared on the Order Confirmation sent via email by Caracciolo Group.
The established price includes packaging costs, which are free for Users; but not shipping costs, which will be borne by the Buyer, as well as those for a delivery different from that normally guaranteed, except for any promotions referring to free shipping.
Caracciolo Group reserves the right, which the User accepts, to change the prices published on the Site at any time. In any case, the price of the Products, subject to availability, will be charged on the basis of the rates indicated at the time of registration of the order. The rate in force will be that indicated on the Site, except in the case of errors in the price of the Products, in which case Caracciolo Group will promptly inform the Buyer and give him the option to reconfirm his order at the correct amount or to cancel it; in the event of failure to reconfirm, the order will be cancelled and the entire amount paid will be refunded to the Buyer.
Payments
In order to make an online purchase, users can use Visa, Mastercard, Maestro, American Express credit cards or PayPal, cash on delivery for payment.
During the purchase phase, the following data will be requested:
- card number
- expiration date
- 3-digit security code (CVV) on the back of the card (Visa and Mastercard only).
In order to avoid and reduce the risk of unauthorized access, your card details will be encrypted. Once the Order is received, Caracciolo Group will pre-authorize your credit card to ensure that it has sufficient funds to complete the transaction. Your card will be charged when the Order leaves Caracciolo Group's warehouses.
If the chosen payment method is PayPal, the amount relating to the Order will be charged to the PayPal account at the time the order is acquired.
In accordance with the legislation in force, each purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and with Chapter I of Title V of Directive 2006/112/EC of the Council of 28 November 2006 on the common system of value added tax (VAT), whereby deliveries will be deemed to be located in the Member State that appears in the delivery address of the items, the applicable VAT being that legally in force in each Member State of destination of the items that have been delivered in each order.
ARTICLE 5. ORDER PLACEMENT AND CONFIRMATION METHODS
Navigation within the Site
Users can view and choose the various Products marketed by Caracciolo Group at the following address: www.fusarouomo.eu. Users can consult the various pages of the Site free of charge, without any obligation to purchase.
Order registration can be taken into consideration by Caracciolo Group only if the delivery and billing address is located in Italy.
Placing an order
If a User wishes to place a purchase order, he/she must choose the various Products of interest to him/her by clicking on the "add to cart" button.
Each new Product added to your cart will be indicated by means of a specific window.
Users of the Site may at any time:
- view a summary of the selected Products or modify the order by clicking on the "Cart" button, located at the top right of each page,
- continue selecting the Products by clicking on "Continue your purchases",
- complete the selection of Products and place the order by clicking on "Buy now".
To order the selected Products, Users must click on the "Cart" button.
A summary of your order will appear on the screen. If the list that appears corresponds to the chosen Products, Users must validate their choice by clicking on the "Buy Now" button.
The User must identify himself by: entering his e-mail and password, if he is already registered on the Site; otherwise he must/may register or place his order without registering on the Site. The User is aware and accepts that entering his username constitutes proof of his identity and consent.
In the event of a new registration, the User undertakes to complete in good faith the registration form made available to him and acknowledges that the data communicated and recorded on the Caracciolo Group information sites are accurate and are valid as proof of his identity.In order to complete the order, the User must strictly proceed with all the steps listed in this paragraph.
By using this website and/or placing orders through it, the user agrees to use the website only to make valid inquiries or orders and not to place false or fraudulent orders, which will therefore be subject to cancellation by Caracciolo Group.
Final validation of an order
The User must click on the "I accept the General Conditions of Sale" box before being able to proceed with the choice of payment method.
Users are invited to enter their credit card details or log in to their PayPal account.
Orders are validated after entering your card information or authorizing the request via your PayPal account.
Through the acceptance, even partial, of the order by Caracciolo Group, the contract between the latter and the User/Buyer will be considered perfected. Caracciolo Group reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated in any manner to the User.
The User is excluded from any right to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.
Confirming an order
Once the Buyer has validated his/her order and given instructions for the relative payment, a summary window will appear showing the transaction number, the receipt of the order (hereinafter the “Order Confirmation”) and the confirmation that the order is being shipped (hereinafter the “Shipping Confirmation”). This confirmation will also be sent to the Buyer in the order confirmation sent by email. The aforementioned confirmation will include all the elements constituting the contract created between the Parties, including the Products requested, the payment instructions, the delivery instructions and the address of the Caracciolo Group headquarters to which any complaints should be sent, as per article 1 of these GTC. In any case, it is advisable to keep a copy (electronic or paper) of the information concerning the order. The data recorded and collected on the Site constitute full proof of all transactions concluded between the Buyer and Caracciolo Group. In the event of a dispute between Caracciolo Group and the Buyer regarding a transaction carried out on the Site, the data recorded by Caracciolo Group will constitute full proof of the contents and the transaction. Caracciolo Group keeps a copy of the contract stipulated between Caracciolo Group and the Buyer in electronic form, for a period ranging from the conclusion of the contract to the date of delivery of the goods and for ten years thereafter. The Buyer is authorized to access this written copy at any time by sending an e-mail to the address: info@fusarouomo.eu or by contacting the contact details in Article 1 of these GTC and attaching proof of identity.
ARTICLE 6. DELIVERY
Delivery methods and times
The delivery of orders is managed by Caracciolo Group and orders are shipped with the transport company BRT, GLS or DHL. Orders are sent within the deadline indicated in the Order Confirmation and, in any case, at the latest within thirty (30) working days starting from the day after receiving the Order Confirmation email.
Products ordered by a Buyer will be delivered to the address stated on the order form.In the event of the Buyer's absence, the Products subject to the order will be sent to the warehouse chosen by Caracciolo Group and a notice will be left to the Buyer specifying the location of the products subject to his order and the methods for arranging a new delivery.
If, after 15 days from the date on which the order is available for collection by the consumer, delivery cannot take place for reasons not attributable to Caracciolo Group, the Contract shall be considered terminated and the goods will be promptly returned to the buyer within 30 days from the date of resolution all amounts paid, except for the costs incurred by Caracciolo Group for the delivery of the items and their return to the sender.
Please note that no deliveries are made on Saturdays, Sundays and public holidays and that delivery will be deemed to have been made upon the acquisition, by the Buyer or a third party indicated by him, of the material availability of the products, which will be proven by signing the order receipt at the agreed shipping address.
Likewise, it is highlighted that in the event of a delivery refused by the customer, the refusal will not be equivalent to the return of the product, therefore the buyer will be responsible for the shipping costs and the costs already incurred for sending the order, as well as the shipping costs and costs incurred by Caracciolo Group for the return of the goods. These sums will be deducted from the price paid by the customer for the items purchased.
Delivery problems
In case of delay in delivery, the buyer will be required to inform customer service as soon as possible, via the dedicated email address info@fusarouomo.eu or by contacting the contact details in Article 1 of these GTC. Caracciolo Group undertakes to contact the transport company GLS or DHL for verification. The duration of the verification is not predictable. In the event of failure to comply with the delivery terms or any terms granted, the Buyer shall have the right to terminate this contract pursuant to Article 61 of Legislative Decree no. 21/2014, with consequent reimbursement of all amounts spent, it being understood that Caracciolo Group will inform the Buyer in advance of the delay in order to ascertain the latter's willingness to accept the delay and postpone delivery. It should also be noted that the transport risks are borne by the Buyer, as well as those relating to the loss or damage of the Products from the moment the latter acquires physical possession of them. After receiving the ordered Products, the Buyer is required to verify that the Products correspond to those ordered. In order to verify any anomalies that may be found (missing or damaged products, damaged packaging, tears, etc.), the User may collect the Products subject to verification and, in the event of a positive finding of such facts, the same must be reported within 24 hours by the buyer to the address via the dedicated email address info@fusarouomo.eu or by contacting Caracciolo Group using the contact details in Article 1 of these GTC, specifying for which product the anomalies were found. All complaints not reported or sent after 24 hours from delivery of the products will be rejected and Caracciolo Group will not assume responsibility. Caracciolo Group will not be held responsible in the event of loss, sending to an incorrect address or delayed delivery of a Product, to the extent that the risks relating to the transport chosen by the Buyer are borne by the same.It is mandatory to provide personal data related to delivery, as they are necessary to process and send orders, as well as to prepare the invoice. Such personal data are strictly confidential. Failure to provide such personal information will make it impossible to follow up on the order.
ARTICLE 7. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
In full compliance with the provisions of Article 49, paragraph 1), letter h) of Legislative Decree no. 21/ 2014, the Buyer (excluding non-EU countries) has a term of 14 (fourteen) working days to return, at his own expense, the Products if they do not satisfy him and to keep the Products until that time. This term starts from the day of delivery of the order. In the event of a confirmed violation of the provisions of Article 49, paragraph 1), letter h) of Legislative Decree no. 21/ 2014, pursuant to Article 53 of the aforementioned Legislative Decree, the withdrawal period guaranteed to the Buyer will be extended to twelve months following the initial withdrawal term. Caracciolo Group may provide the Buyer with the information referred to in the aforementioned Article 49 within twelve months of the ascertained violation and the right of withdrawal will end fourteen days after the day on which the Buyer has received such information. In the event of the purchase of multiple Products, delivered at different times, the above term will start from the receipt of the last item subject to the Purchase Order. This notice of withdrawal may be sent by registered letter to: Caracciolo Group Srl, registered office Via TOLEDO, 148, 80132 Naples (NA), or by following the instructions on the website www.fusarouomo.eu and by completing the computer procedure. The withdrawal period begins on the day the order is received and ends after 14 (fourteen) working days from the moment the order is received by the Buyer. In the event of withdrawal, the Buyer will be refunded only the price of the returned products but will be charged the cost of Euro 12.00 (twelve/00) for the return package collection service at the Buyer's expense. The amount will not be charged if the customer independently sends the package. The right of withdrawal can only be exercised by the Buyer and not by third parties. The products must be returned, together with the receipt received, to: CARACCIOLO GROUP Srl, at the operational headquarters in Via Boscofangone, Complesso AXA, ZI ASI NOLA, Marigliano, 80035 - Nola. In the event that the Buyer claims that Caracciolo Group has not recognised the right of withdrawal due to failure to receive the withdrawal notice, the burden of proof will be on the Buyer to demonstrate that it has complied with it.
Exclusions from the right of withdrawal
Pursuant to Article 59 of Legislative Decree 21/2014, the right of withdrawal referred to in this Article is excluded in relation to:
- Waiver expressly expressed by the Buyer;
-Purchases of customized Products made by Caracciolo Group based on the User's instructions;
-Purchases of Products combined with others for special occasions;
-Underwear.
Products that do not satisfy the Buyer
If a Buyer exercises the right of withdrawal, the Product(s) must be returned in the original form and packaging, complete and accompanied by the BRT delivery note slip. The Buyer will bear the shipping costs for the return of the Products for Euro 12.00 (twelve/00), apart from non-compliant ones. Caracciolo Group will not accept a shipment of Products with charge to the recipient. The Buyer assumes all reasonable risks associated with the return of the Products.If the above circumstances are met, Caracciolo Group will refund the Buyer within a maximum of 14 (fourteen) working days from the day on which the returned goods are received at the premises, is informed of the consumer's decision to withdraw, for an amount corresponding to the Products purchased. The Buyer will only be liable for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products. Caracciolo Group will make the refund using the same means of payment used by the Buyer for the initial transaction, unless the latter has agreed otherwise. Caracciolo Group is not required to refund additional costs if the Buyer has expressly chosen a type of delivery other than the least expensive one offered by Caracciolo Group. No refund will be made: (a) if the product has been used beyond simple opening; (b) for products that are not in the same conditions in which they were delivered and/or have been damaged and/or are not intact and in normal condition and/or that do not have an identification tag. Caracciolo Group will not make the refund until will have received the goods on site.
Non-compliant products
Non-compliant Products are those products sent by mistake by Caracciolo Group or which have faults or defects. In the event that the Buyer believes that at the time of delivery the Product does not appear to be compliant with the provisions of the Contract, he/she must contact Caracciolo Group within 24 hours of receiving the goods, sending a report to the dedicated email address info@fusarouomo.eu, indicating the order number and attaching photos of the item that is the subject of the complaint. In the event of a return, Caracciolo Group will examine the returned product and communicate by email whether it will proceed with the refund. The refund of the item will in any case be made within 14 days from the date of return of products to the premises. The direct costs of returning the goods will be borne by the Buyer while the amount paid for products returned due to damage or defect, if ascertained by Caracciolo Group, will be refunded in full, including delivery costs incurred for sending the same.
Products on promotion
In case of purchases of products on promotion, returns will be possible by proceeding as follows:
- By returning all purchased items, receiving the full amount spent, net of shipping costs;
The refunded amount will always be net of shipping costs.
ARTICLE 8. LEGAL GUARANTEE
The Legal Guarantee of conformity is governed by Articles 128 et seq. of the Consumer Code in favor of the consumer, who purchases products for personal use (or for purposes outside of his professional or entrepreneurial activity) that present defects of conformity. The lack of conformity, subject to the Legal Guarantee of conformity, exists in the event that the purchased product is defective or does not allow the use for which goods of the same type are normally used, or is in any case a product that does not conform to the description made by the seller. The Legal Guarantee of conformity does not cover defects of the product resulting from normal wear and tear, abnormal or improper use, accidental events (e.g. falling) and in any case maliciously caused to the product itself, nor does it cover defects resulting from repairs carried out using unauthorized methods or by unauthorized centers.In the presence of a lack of conformity, existing at the time of delivery of the goods: Primarily, the Buyer has the right to obtain the restoration, free of charge, of the conformity of the goods through repair or replacement. The Buyer, at his choice, can ask Caracciolo Group to repair the goods or replace them, unless the requested remedy is objectively impossible or excessively onerous compared to the other. Repairs or replacements must be made within a reasonable time from the request. Secondarily (where the first two remedies are impossible or excessively onerous, or have not been carried out within a reasonable time, or are inconvenient), the Buyer can request, at his choice, a reasonable reduction in the price, which must take into account the use that has been made of the product, or the termination of the contract. Any conventional guarantees, in addition to the Legal guarantee of conformity, provided by the manufacturer or the retailer, do not replace or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers defects of conformity that have become apparent within two years of delivery of the purchased product, provided that such defects are reported by the consumer within two months of the date on which they were discovered and provided that the Buyer has proof of purchase (receipt or speaking receipt) with explicit indication of the Product.
ARTICLE 9. FORCE MAJEURE
Neither Party shall be liable for any total or partial failure or delay in the performance of its obligations under this Agreement that is caused by an event that cannot be prevented (hereinafter referred to as “Force Majeure”). Force Majeure events may include, but are not limited to, war, riots, insurrections, serious disruption of Internet security, technical failures, unauthorized access and/or intrusions into the website servers, strikes of any kind, computer or telephone failures. If a Party assumes that a Force Majeure event has occurred, it shall inform the other Party within 5 business days of the occurrence of the event or the risk of such occurrence. The Parties agree to meet in order to jointly determine the terms and conditions for the completion of orders during the presence of a Force Majeure event. After 1 (one) month of interruption due to a Force Majeure event, Caracciolo Group may choose to cancel the orders and refund the Buyer, where applicable.
ARTICLE 10. PROTECTION OF PERSONAL DATA
The entry of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders, as well as for issuing invoices. This information is strictly confidential. For all information relating to the processing of personal data, please refer to the privacy policy. In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Site has been the subject of a declaration to the National Commission for Information Technology and Freedoms. The User has the right to access, modify, rectify and delete data concerning him. To exercise this right, the User must send an email to: info@fusarouomo.eu. The buyer can therefore make informed choices about the personal information he has provided to the Site.
ARTICLE 11.PARTIAL DISABILITY
If one or more clauses of the GTC are held to be invalid or declared as such pursuant to law, regulation or by virtue of a final judgment, all other clauses will remain fully valid.
ARTICLE 12. INTEGRAL CONTRACT
These GTC and the entire summary sent to the Buyer form an integral part of the contractual relationships between the Parties. In the event of a discrepancy between the aforementioned documents, the GTC shall prevail.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION
The GTC and the contractual relationships between Caracciolo Group and the Buyer are governed by Italian law. For any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Naples will have exclusive jurisdiction.
ARTICLE 14. CHANGES TO THIS INFORMATION NOTICE
Without prejudice to the fact that Caracciolo Group in any case does not proceed with processing operations other than those expressly authorized and/or requested by each User, this information may be subject to changes to comply with new legal provisions or with the changed data processing policies of Caracciolo Group. Each updated version of this information will be made available on the Site in the dedicated section: Caracciolo Group therefore invites all Users to periodically consult the Site to always be informed of the latest uploaded version.