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 set out 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") 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 and all complaints regarding an order placed, purchase made and / or Products purchased, Users can contact the customer service whose references are given below:
Telephone: (active from Monday to Friday from 9:00 to 13:00 and from 14:00 to 18:00).
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" will indicate the Users and the Caracciolo Group jointly and the term "Party" one of the two separately. The term "Buyer" will indicate all Users who have placed an order for the purchase of Products with delivery exclusively on the Italian territory. The same rights and obligations provided for in the GCS for Users will refer to and apply to the Purchaser.
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 to the territory of the Italian Republic, the Republic of San Marino and the Vatican State.
Orders with a delivery address to a PO box cannot be processed.
Users who wish to purchase on the Site, aware of the civil and criminal liability in the event of false declarations, declare that they have full legal capacity and that they are of legal age 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 this acceptance being conditioned by a handwritten signature of the User.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, with Legislative Decree no. 21/2014, to Legislative Decree no. 185/99, implementing Directive 97/7 / EC, and to Presidential Decree 513/97, the compilation and sending of the order form, as per the following art. 5 "Methods of placing and confirming orders", constitutes for all legal purposes a sales contract between the Caracciolo Group and the User of the Site, which gives rise to 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 can save and print the GCS, provided that he does not make any changes to them.
The GCS define all the necessary steps in order to carry out an order, as described in article 4 "Methods of entering and confirming 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 at 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 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 with respect to the original ones, hypotheses of discrepancies are not 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.
Availability of products.
The Products are offered within the limits of available stocks. In case of unavailability of one of the Products, the Buyer will be promptly informed.
The communication can be notified:
- When creating the order: a window appears indicating that the desired Product is temporarily unavailable.
- After order confirmation: before delivery, by e-mail or by phone.
If the unavailability of a product is contested after the confirmation of the order, the Buyer will have the possibility to cancel his order by requesting the refund of the sums paid for the unavailable products within and no later than 30 (thirty) days from their withdrawal or the replacement of the Product (s) not available by e-mail.
Caracciolo Group declines any responsibility in case of exhaustion of goods or unavailability of the Products.
When the User of the Site places an 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 full receipt of the price by the latter and when the Products are physically delivered and received by the Buyer. In the event of payment irregularities, the Purchaser undertakes to return the products received to Caracciolo Group at the first request. On the other hand, on the effective 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
The prices of the Products are indicated in Euros and include the VAT applicable on the date of the order.
The price charged to the Buyer is the price declared on the Order Confirmation sent by 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 other than that normally guaranteed, without prejudice to any promotions referring 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 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 right amount or to cancel it; in the event of failure to confirm, the order will be canceled and the full amount paid will be refunded to the Buyer.
In order to make the online purchase, users can use Visa, Mastercard, Maestro, American Express credit cards or via PayPal 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, 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 debit on the user's card will be made when the Order leaves the Caracciolo Group warehouses.
If the payment method chosen is PayPal, the amount relating to the Order is charged to the PayPal account at the time the order is acquired.
In accordance with the legislation in force, any 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), for which deliveries will be understood to be located in the Member State that appears in the delivery address of the items, 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. METHOD OF INSERTION AND ORDER CONFIRMATION
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 for free, without any obligation to purchase.
The registration of orders 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 his interest 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 at any time can:
- view a summary of the selected Products or change 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 Product selection 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 Products chosen, Users must validate their choice by clicking on the "Buy Now" button.
The User must identify himself: by entering his e-mail address and password, if he is already registered on the Site; otherwise, he / she must / may register or place his / her order without registering on the Site. The User is aware and accepts that the insertion of his / her username constitutes proof of his / her 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 information sites of Caracciolo Group are accurate and are valid as proof of his identity. In order to complete the order, the User must strictly proceed to 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 consultations or valid orders and therefore not to carry out false or fraudulent orders which will therefore be subject to cancellation by Caracciolo Group.
Final validation of an order
The User must click in the box "I accept the General Conditions of Sale" before being able to proceed with the choice of the payment method.
Users are invited to enter their credit card details or log in to their PayPal account.
Orders are validated after entering card information or authorizing the request through your PayPal account.
Through the 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 manner.
Any right of the User to compensation for damages or compensation is excluded, 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.
Confirmation of an order
Once the Buyer has validated his order and made provision 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 it 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 Products requested, the payment provisions, the delivery provisions, the address of the Caracciolo Group headquarters to which any complaints can be sent, as per article 1 of these GCS. 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 of the transaction. Caracciolo Group keeps a copy of the contract stipulated between Caracciolo Group and the Buyer in electronic form, for a period that goes from the conclusion of the contract to the date of delivery of the goods and for ten subsequent years. The Purchaser is authorized to access this written copy at any time, by sending an e-mail to the address: email@example.com 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
The delivery of the orders is managed by the Caracciolo Group and the orders are shipped with the transport company 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 e-mail.
Products ordered by a Buyer will be delivered to the address stated on the order form. In case of absence of the Buyer, the Products object of the order will be sent to the warehouse chosen by Caracciolo Group and a notice will be left to the Buyer in which the place where the products object of his order are located and the modalities with to agree on a new delivery.
If after 15 days from the date on which the order is available for collection for the consumer, the delivery cannot also take place for reasons not attributable to Caracciolo Group, the Contract must be considered terminated and the buyer will be promptly returned within 14 days from termination date all amounts paid, except for the expenses incurred by the Caracciolo Group for the delivery of the items and the return of these to the sender.
It should be noted that no deliveries are made on Saturdays, Sundays and holidays and that the 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 proved by the signing of the order receipt to the agreed shipping address.
Likewise, it should be noted that in case of refused delivery by the customer, the refusal will not be equivalent to returning the product, therefore the shipping costs and costs already incurred for sending the order, as well as the shipping costs, will be borne by the buyer. shipping and the costs incurred by the Caracciolo Group for returning the goods. These sums will be deducted from the price paid by the customer for the items purchased.
In case of delay in delivery, the buyer will be required to inform customer service as soon as possible, via the dedicated email address firstname.lastname@example.org 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 a check. The duration of the verification is not predictable. In the event of failure to comply with the delivery terms or that which may be granted, the Buyer has the right to terminate this contract pursuant to article 61 of Legislative Decree no. 21/2014, with consequent reimbursement of all the amount spent, it being understood that Caracciolo Group will inform the Buyer in advance of the delay in order to ascertain the latter's availability to accept the delay and postpone the delivery. It is also specified that the transport risks are borne by the Purchaser, as well as those relating to the loss or damage of the Products since 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, tearing, etc.), the User may collect the Products subject to verification and, in the event of a positive ascertainment of such facts, they must be reported within 24 hours from the buyer to the address via the dedicated email address email@example.com o by contacting Caracciolo Group by means of 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 the delivery of the products will be refused and Caracciolo Group will not take responsibility for them. Caracciolo Group will not be held responsible in case 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 Purchaser are borne by the same. It is mandatory to provide personal data related to the delivery, as they are necessary to process and send orders, as well as to prepare the invoice. Such personal data is strictly confidential. Not providing such personal information makes 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 Legislative Decree no. 21/2014, the Purchaser has a period of 14 (fourteen) working days to return the Products, at his expense, if they do not satisfy him and to keep the Products until that moment. This term starts from the day of delivery of the order. In the event of ascertained violation of the provisions referred to in 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 deadline. Caracciolo Group may provide the Purchaser 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 following the day on which the Purchaser receives 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 good covered by the Purchase Order. This notice of withdrawal can be sent by registered letter to be sent to: Caracciolo Group Srl, registered office Via TOLEDO, 148, 80132 Napoli (NA), or by following the instructions on the site www.fusarouomo.eu 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 time 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 the cost of Euro 5.00 (five / 00) will be charged for the return package collection service at the Buyer's expense. The right of withdrawal can only be exercised by the Buyer and not by third parties. The products must be returned, together with the delivery note received, to: CARACCIOLO GROUP Srl, at the operational headquarters in Via Boscofangone, AXA Complex, ZI ASI NOLA, Marigliano, 80035 - Nola. The direct costs of returning the products, or the costs of shipping related to the return of the same, will be charged to the user who, before confirming the request for withdrawal, is indicated the transport cost and the courier to be used for the return in the appropriate section "returns and refunds". In the event that the Buyer claims that Caracciolo Group has not recognized the right of withdrawal, due to failure to receive the notice of withdrawal, it will be the Buyer's duty to prove that it has fulfilled 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 products with a personalized character made by Caracciolo Group on the User's instructions;
-Purchases of products combined with others for special occasions;
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 slip of the delivery note from GLS or DHL. The Buyer will bear the shipping costs for the return of the Products for Euro 5.00 (five / 00), apart from non-compliant ones. Caracciolo Group will not accept a shipment of Products charged 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 in which it 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 manipulation other than that necessary to establish the nature, characteristics and functioning of the Products. Caracciolo Group will make 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 the additional costs if the Purchaser has expressly chosen a type of delivery other than the least expensive one offered by Caracciolo Group. No refunds will be made: (a) if the product has been used other than simply 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 a normal state of conservation and / or that do not have an identification tag. Caracciolo Group, within 14 (fourteen) working days, may withhold the refund until the Buyer has received the goods or has demonstrated that he has shipped the goods.
Non-compliant products are understood to be products sent by mistake by Caracciolo Group or with flaws or defects. In the event that the Purchaser 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 receipt of the goods, by sending a report to the dedicated email address. firstname.lastname@example.org , indicating the order number and attaching photos of the item subject to complaint. In the event of a return, Caracciolo Group will examine the returned product and communicate by e-mail if it will proceed with the refund. The refund of the item will in any case be made within 14 days from the date of sending a specific e-mail with which it will confirm to the user that it will proceed with the refund of the unsuitable item. The direct costs of returning the goods will be borne by the Buyer while the amount paid for the products returned due to damage or defect, if ascertained by Caracciolo Group, will be reimbursed in full, including the delivery costs incurred for sending the same.
In case of purchases of promotional products, the return will be possible by proceeding as follows:
- Proceeding with the return of all items purchased, receiving the full amount spent, net of shipping costs;
The amount returned 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 unrelated to his professional or business activity) that have conformity defects. The lack of conformity, subject to a legal guarantee of conformity, exists in the event that the purchased product is defective or does not allow the use to which goods of the same type are normally used, or is a product that does not conform to the description made by the seller. The Legal Guarantee of conformity does not cover defects in the product deriving from normal wear and tear, abnormal or improper use, from accidental events (e.g. fall) and in any case maliciously caused to the product itself, nor does it cover defects deriving from repairs carried out according to methods or by centers unauthorized. 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 by repair or replacement. The Purchaser, at his choice, can ask Caracciolo Group to repair the good or replace it, unless the requested remedy is objectively impossible or excessively expensive compared to the other. Repairs or replacements must be made within a reasonable time from the request. Secondly (if the first two remedies are impossible or excessively burdensome, or have not been carried out within reasonable terms, or inconveniences), 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 termination of the contract. Any conventional guarantees, additional 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 conformity defects that have arisen within the term of two years from the 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 Purchaser has a proof of purchase (fiscal receipt or talking receipt) with explicit indication of the Product.
ARTICLE 9. FORCE MAJEURE
Neither Party will be responsible for the total or partial non-fulfillment or delay in the execution of its obligations under this contract that are caused by an event that cannot be prevented (hereinafter referred to as "Force Majeure"). Events of Force Majeure may include, but are not limited to, wars, riots, riots, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusion into the website servers, strikes of any form, telematic 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 of the risk of such occurrence occurring. The Parties agree to meet in order to jointly determine the terms and conditions for completing 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 reimburse the Buyer, where due.
ARTICLE 10. PROTECTION OF PERSONAL DATA
ARTICLE 11. PARTIAL INVALIDITY
If one or more clauses of the GCS are deemed invalid or are declared invalid pursuant to the law, regulation or by virtue of a final judgment, all other clauses will remain fully valid.
ARTICLE 12. INTEGRAL 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 GCS 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 NOTICE
Without prejudice to the fact that Caracciolo Group in any case does not proceed to processing operations other than those expressly authorized and / or requested by each User, this information may be subject to changes to comply with new provisions of the law or with the changed processing policies of data 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.