GENERAL TERMS AND CONDITIONS OF SALE

Before placing orders on the www.fusarouomo.eu website it is necessary to carefully read and accept the General Conditions of Sale set out below.

ARTICLE 1. THE SOCIETY

The company Caracciolo Group S.rthe, with registered office in Via Toledo, 148, 80132, Naples, P. VAT 07858181212, (hereinafter «Caracciolo Group») created and manages the website www.fusarouomo.eu, through which it is authorized to sell its men's clothing, footwear, perfumes and fashion accessories products (hereinafter the «Products» ) to users who visit the site (hereinafter «Users»).
For any complaints regarding the order placed, purchase made and/or Products purchased, Users may contact customer service whose references are given below:
E-mail: info@fusarouomo.eu
Telephone: (open 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 via 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 "CGV") the term "Parties" will mean jointly the Users and the Caracciolo Group and the term "Party" will mean one of the two separately. The term "Buyer" refers to 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 GSC for Users will 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 in the territory of the Italian Republic, the Republic of San Marino and the Vatican State.
Orders with a delivery address to a post office box 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 adults for the purposes of Italian law.
Each purchase order for Products offered on the Site implies consultation and express acceptance of the GCS, without, however, said acceptance being conditioned by a handwritten signature of the User.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree. Legislative Decree n 21/2014, to Legislative Decree.Legislative Decree n 185/99, implementing Directive 97/7/EC, and Legislative Decree.PR 513/97, the compilation and sending of the order form, referred to in the following art. 5 "Method of 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 mutual 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 will be able to save and print the GSC, provided that he does not make any changes to them.
The GCS define all the steps necessary to place an order, as described in article 4 "How to enter and confirm orders" and ensure the execution of the aforementioned order between the Parties.
The applicable GCS can be consulted at any time by clicking on the appropriate link.
Caracciolo Group may update the GCS at any time
These GCS 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 Users, within the limits of stock availability.
The photographs illustrating the Products do not fall within this contractual scope; therefore Caracciolo Group cannot be held responsible for any errors and/or discrepancies.
Despite the commitment to ensure a faithful reproduction of the colors of the Products represented in the photos published on the Site compared to the original ones, hypotheses of discrepancies cannot be excluded, in particular due to technical limitations in the computer reproduction of colors. Consequently, Caracciolo Group cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of the Products on the Site.

Product availability.
The Products are offered within the limits of available stocks. In the event of unavailability of one of the Products, the Buyer will be promptly informed.
The communication may be notified:
- When the order is created: a window is displayed indicating that the desired Product is temporarily not available.
- After order confirmation: before delivery, by e-mail or by telephone.
If the unavailability of a product is contested after the order has been confirmed, the Buyer will have the possibility to cancel his order by requesting reimbursement of the sums paid for the unavailable products no later than 30 (thirty) days from their collection or the replacement of Product(s) not available via email.
Caracciolo Group declines any responsibility in the event of stock out or unavailability of the Products.
When the Site User places the order he 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 when the Products are physically delivered and received by the Buyer. In the event of payment irregularities, the Buyer undertakes to return the products received to Caracciolo Group upon first request. On the other hand, on the actual date of delivery, the risks (specifically linked to loss, theft or damage) relating to the products delivered 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 e-mail by Caracciolo Group.
The established price includes packaging costs, which are free for Users; but not those for shipping which will remain the responsibility of the Buyer, as well as those for a delivery different from that normally guaranteed, without prejudice to any promotions relating to free shipping.
Caracciolo Group reserves the right, which the User accepts, to modify 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 the order is registered. 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 canceled and the entire amount paid will be refunded to the Buyer.

Payments
In order to make the online purchase, users can use Visa, Mastercard, Maestro, American Express credit cards for payment or via PayPal, cash on delivery"

During the purchase phase, the following data will be requested:
- card number
- expiry 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, the card data will be encrypted. Once the Order has been received, Caracciolo Group will pre-authorize the user's credit card to ensure that they have sufficient funds to complete the transaction. The user's card will be charged when the Order leaves the Caracciolo Group warehouses.
If the chosen payment method is PayPal, the amount relating to the Order is debited from 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, relating to the common system of value added tax (VAT), whereby deliveries will be considered located in the Member State which appears in the delivery address of the articles, the applicable VAT being the one legally in force in each Member State of destination of the items that have been delivered in each order.

ARTICLE 5. HOW TO ENTRY AND CONFIRM THE ORDER

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 must choose the various Products of interest to him by clicking on the "add to cart" button.
Each new Product added to your cart will be indicated by a specific window.
Users of the Site at any time can:
- 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 to select the Products by clicking on "Continue shopping",
- complete the selection of the 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 will have to validate their choice by clicking on the "Buy now" button.
The User must identify themselves: by entering their e-mail and password, if they are already registered on the Site; otherwise he must/can register or place his order without registering on the Site. The User is aware and accepts that the inclusion of their username constitutes proof of their identity and consent.
In the event of a new registration, the User undertakes to complete the registration form made available to him in good faith 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.
The user, by using this website and/or placing orders through it, agrees to use the website only to carry out valid consultations or orders and therefore not to place false or fraudulent orders which will therefore be subject to cancellation by Caracciolo Group.

Definitive validation of an order
The User must click in the "I accept the General Conditions of Sale" box before being able to proceed with choosing the 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 acceptance, even if only 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 to the User in any way.
Any right of the User to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance, even partial, of an order.

Confirmation of an order
Once the Buyer has validated his order and given instructions for the related payment, a summary window will appear showing the transaction number, the receipt of the order (hereinafter the “Order Confirmation”) and confirmation that the same is being shipped (hereinafter the “Shipping Confirmation”). This confirmation will also be sent to the Buyer in the order confirmation sent by e-mail. The aforementioned confirmation will include all the constituent elements of the contract between the Parties, including the requested Products, the payment provisions, the delivery provisions and the address of the Caracciolo Group headquarters to which any complaints should be sent, as pursuant to article 1 of these GCS. In any case, it is advisable to keep a copy (electronic or paper) of the information relating to 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 of the transaction. Caracciolo Group retains 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 subsequent years. The Buyer is authorized to access this written copy at any time by sending an email to the address: info@fusarouomo.eu or by contacting the contact details referred to in article 1 of these GCS and attaching proof of identity.

ARTICLE 6. DELIVERY

Delivery methods and times
Delivery of orders is managed by the 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 following receipt of the Order Confirmation email.

Products ordered by a Buyer will be delivered to the address stated on the order form. In the event of absence of the Buyer, the Products covered by the order will be sent to the warehouse chosen by Caracciolo Group and a notice will be left to the Buyer specifying the place where the products covered by his order are located and the methods with which to agree on a new delivery.

If, after 15 days from the date on which the order is available for collection by the consumer, delivery cannot still take place for reasons not attributable to Caracciolo Group, the Contract must be considered terminated and the buyer will be promptly returned within  30 days from the date of termination all amounts paid, except for the expenses incurred by Caracciolo Group for the delivery of the items and the return of these to the sender.

It is specified that no deliveries are made on Saturdays, Sundays and holidays and that delivery will be considered made through 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 to the agreed shipping address.

Likewise, it should be noted that in the event of a refused delivery by the customer, the refusal will not be equivalent to the return of the product, therefore the shipping costs and costs already incurred for sending the order will remain the responsibility of the buyer, as well as shipping costs and costs incurred by Caracciolo Group for returning the goods. These sums will be deducted from the price paid by the customer for the items purchased.

Delivery problems
In the event of a delivery delay, 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 referred to in article 1 of these GCS. 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 reserves the right to terminate this contract pursuant to Article 61 D. Legislative Decree n 21/2014, with consequent reimbursement of everything spent, without prejudice to the fact 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 the delivery. Furthermore, it is specified that transport risks are borne by the Buyer, as well as those relating to loss or damage to the Products from when 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 positive verification of such facts, they must be reported within 24 hours by the purchaser to the address via the dedicated email address  info@fusarouomo.eu or by contacting Caracciolo Group using the contact details referred to in article 1 of these GCS, specifying for which product 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 Buyer. 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. This personal data is strictly confidential. Failure to provide such personal information will make it impossible to process 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 the Legislative Decree.Legislative Decree n 21/2014, the Buyer (excluding non-EU countries) has a period 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 moment. This deadline 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 the Legislative Decree.Legislative Decree n 21/2014, pursuant to article 53 of the aforementioned Legislative Decree.Legislative Decree, the withdrawal period guaranteed to the Buyer will be extended to twelve months following the initial withdrawal deadline. Caracciolo Group may provide the Buyer with the information referred to in the aforementioned article 49 within twelve months of the confirmed violation and the right of withdrawal will end fourteen days following the day on which the Buyer receives such information. In the event of the purchase of multiple Products, delivered at different times, the above deadline will start from the receipt of the last good covered by the Purchase Order. This notice of withdrawal can be sent by registered letter to be sent to: Caracciolo Group S.rthe, registered office Via TOLEDO, 148, 80132 Naples (NA), or by following the instructions on the www.fusarouomo.eu website and carrying out the IT procedure. The withdrawal period begins on the day of receipt of the order and ends after 14 (fourteen) working days from the moment of receipt of the order by the Buyer. In the event of withdrawal, the Buyer will only be refunded the price of the returned products but will be charged the cost of Euro 12.00 (twelve/00) for the return package collection service to be paid by the Buyer. The amount will not be charged if the customer sends the package independently. 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, to: CARACCIOLO GROUP S.rthe, at the operational headquarters in Via Boscofangone, AXA Complex, Z.THE ASI NOLA, Marigliano, 80035 - Nola. In the event that the Buyer claims non-recognition of the right of withdrawal by Caracciolo Group, due to failure to receive the notice of withdrawal, it will be the Buyer's burden of proof to demonstrate that he has complied with it.

Exclusions of the right of withdrawal
Pursuant to article 59 of Legislative Decree. 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 Products of a personalized nature made by Caracciolo Group following instructions from the User;
-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 BRT delivery note slip. The Buyer will bear the shipping costs for returning the Products for Euro 12.00 (twelve/00), excluding non-compliant ones. Caracciolo Group will not accept a shipment of Products with a charge to the recipient. The Buyer assumes all reasonable risks associated with the return of the Products. If the aforementioned circumstances are met, Caracciolo Group will reimburse the Buyer within a maximum of  14 (fourteen) working days starting from the day on which the returned goods are returned to the premises, is informed of the consumer's decision to withdraw, for an amount corresponding to the Products purchased. The Buyer will be responsible only for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products. Caracciolo Group will carry out the refund using the same payment method used by the Buyer for the initial transaction, unless the Buyer has agreed otherwise. Caracciolo Group is not required to reimburse 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 condition in which they were delivered and/or have been damaged and/or are not intact and in a normal state of conservation and/or which are not equipped with an identification tag. Caracciolo Group will not refund until  it has received the goods on site.

Non-compliant products
Non-compliant products mean 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 comply with the provisions of the Contract, he 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 being complained about. 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 the products to the office. The direct costs of returning the goods will be borne by the Buyer while the amount paid for products returned due to damage or defects, if ascertained by Caracciolo Group, will be refunded in full, including delivery costs incurred for sending the goods. same.

Products on promotion
In case of purchases of products on promotion, the return will be possible by proceeding as follows:
- By returning all the items purchased, receiving the entire amount spent , net of shipping costs;
The amount returned will always be net of shipping costs.

ARTICLE 8. LEGAL WARRANTY

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 (i.e. for purposes unrelated to his professional or entrepreneurial activity) which 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 usually used, or is a product that does not conform to the description made by the seller. The Legal Guarantee of conformity does not cover product defects resulting from normal wear and tear, abnormal or improper use, or from accidental events (e.g. fall) and in any case maliciously caused to the product itself, nor does it cover defects resulting from repairs carried out using methods or by unauthorized centres. 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, without charge, of the conformity of the goods through repair or replacement. The Buyer, at his choice, can ask Caracciolo Group to repair the good or replace it, unless the requested remedy is objectively impossible or excessively onerous compared to the other. Repairs or replacements must be made within a reasonable period of time from the request. Secondly (where the first two remedies are impossible or excessively onerous, or have not been achieved within a reasonable time, or are inconvenienced), the Buyer may request, at his/her choice, an appropriate 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, additional to the legal guarantee of conformity, provided by the manufacturer or 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 manifested themselves within two years of delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and provided that the Buyer has a proof of purchase (tax receipt or talking receipt) with explicit indication of the Product.

ARTICLE 9. FORCE MAJEURE

Neither Party will be responsible for total or partial failure or delay in the execution of its obligations under this contract which are caused by an event that cannot be prevented (hereinafter referred to as "Force Majeure" ). Force Majeure events may include, but are not limited to, wars, riots, insurrections, serious disturbances in Internet security, technical failures, unauthorized access and/or intrusions into the website's servers, strikes of any form, IT failures or telephone numbers. If a Party assumes that a Force Majeure event has occurred, it must inform the other party within 5 working days of the occurrence of the occurrence or the risk of such an occurrence occurring. The Parties agree to meet in order to jointly determine the terms and conditions for filling 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 orders and refund the Buyer, where due.

ARTICLE 10. PROTECTION OF PERSONAL DATA

The inclusion of personal information collected in the context of distance selling is mandatory, as this information is necessary for the purposes of processing and delivering 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 was the subject of a declaration to the National Commission for Information Technology and Freedoms. The User has a right to access, modify, rectify and delete data concerning him. To exercise this right, the User must send an email to the address: info@fusarouomo.eu. The buyer can therefore make informed choices about the personal information he has provided to the Site.

ARTICLE 11. PARTIAL INVALIDITY

If one or more clauses of the GCS are deemed 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. FULL CONTRACT

These GCS and the entire summary sent to the Buyer form an integral part of the contractual relationships between the Parties. In case of discrepancy between the aforementioned documents, the GSC will prevail.

ARTICLE 13. APPLICABLE LAW AND JURISDICTION

Italian law applies to the GCS and contractual relationships between Caracciolo Group and the Buyer. For any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Naples will be exclusively competent.

ARTICLE 14. CHANGES TO THIS INFORMATION

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 modifications to comply with new legal provisions or changed policies of data processing 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 version uploaded.