General Conditions of Sale
Art. 1 - General provisions
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By navigating this area, the user accesses La Fosina, accessible via the url: www.lafosina.com (hereinafter referred to as "La Fosina"). Browsing and transmitting a purchase order on the site imply acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein. - These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company La Fosina of De Biasio Tullio & C. snc
Headquarters: Via Pian, 11, 32023 Rocca Pietore, BL, Italy
VAT number: 00080480254
Registered in the REA, number 53613 1997
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Before accessing the products provided by the site, the user is required to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase. - The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which La Fosina reserves the right to modify unilaterally and without prior notice.
Art. 2 - Object
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These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on La Fosina and do not govern, however, the supply of services or the sale of products by parties other than the seller who are present on the same site via links, banners or other hypertext connections. - Before placing orders and purchasing products and services from different entities, we suggest checking their conditions of sale.
Art. 3 - Conclusion of the contract
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To conclude the purchase contract, it will be necessary to fill out the form in electronic format and transmit it following the relevant instructions. - It contains the reference to the General Conditions of Sale, the images of each product and the relative price, the payment methods that can be used, the delivery methods of the purchased products and the relative shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
- Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
- The contract is concluded when the seller receives the form filled out by the user, after verifying the correctness of the data contained therein.
- The user will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will happen by clicking on the "Complete the order" button at the end of the wizard.
- Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 - Registered users
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In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his/her personal data correctly and truthfully. - The confirmation will in any case exonerate La Fosina from any responsibility regarding the data provided by the user. The user undertakes to promptly inform La Fosina of any variation of his/her data communicated at any time.
- If the user communicates inaccurate or incomplete data or even in the event of a dispute by the interested parties regarding the payments made, La Fosina will have the right to not activate or suspend the service until the relevant deficiencies are rectified.
- Upon the first request for activation of a profile by the user, La Fosina will assign the same username and password. The latter recognizes that such identifiers constitute the validation system of the user's access to the Services and the only system suitable for identifying the user that the actions performed through such access will be attributed to him and will have binding effect on him.
- The user undertakes to maintain the confidentiality of his/her access data and to safeguard them with due care and diligence and not to transfer them, even temporarily, to third parties.
Art. 5 - Product availability
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Product availability refers to actual availability at the time the user places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of multiple users on the site, the products could be sold to other customers before the order is confirmed. - Even after sending the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected by eliminating the unavailable product and the user will be immediately informed by email.
- If the user requests cancellation of the order, terminating the contract, La Fosina will refund the amount paid within 30 days from the moment in which La Fosina became aware of the buyer's decision to terminate the contract.
Art. 6 - Products offered
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Fosina markets:
Wrought iron products and furnishing accessories
- The offer is detailed on our website at the link: https://www.lafosina.com
Art. 7 - Payment methods and prices
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The price of the products will be that indicated from time to time on the site, except where there is an obvious error. - In the event of an error, La Fosina will notify the buyer as soon as possible, allowing confirmation of the order at the correct amount or cancellation. In any case, La Fosina will not be obliged to supply the goods sold at the lower price indicated by mistake.
- The prices on the site include VAT and do not include shipping costs. Prices may change at any time. Changes do not affect orders for which an order confirmation has already been sent.
- Once you have selected the desired products, they will be added to your cart. Simply follow the instructions for purchasing, entering or verifying the information requested at each step of the process. The order details can be modified before payment.
- Payment can be made via:
Credit cards (Mastercard, Visa, American Express, Maestro, etc.)
iDeal
ShopPay
PayPal
Apple Pay
Google Pay
Amazon Pay
Art. 8 - Delivery
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La Fosina ships throughout Italy, excluding the Vatican City and the Republic of San Marino. Deliveries will not be made to the following territories: ________ - La Fosina will make its deliveries both to the address provided by the user and to the collection points indicated at the time of purchase.
- Delivery is generally made within 3-6 days, or, if no delivery date is specified, within the time frame estimated at the time of selecting the delivery method and, in any case, within the maximum term of thirty days from the date of confirmation.
- If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify where the order is located and how to arrange a new delivery.
- If you are unable to be present at the delivery location at the agreed time, we ask you to contact us again to arrange a new delivery date.
- If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
- As a result of the resolution, the amounts will be refunded, including delivery costs with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without unjustified delay and, in any case, within 30 days from the date of termination of the contract. Transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
- Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.
Art. 9 - Transfer of risk
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The risks relating to the products will pass to the buyer from the moment of delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to the same, including shipping costs, is received, or at the moment of delivery, if this occurs at a later time.
Art. 10 - Guarantee and commercial conformity
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The seller is responsible for any defects in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of Italian law. - If the buyer has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes other than any business or professional activity, this guarantee is valid provided that the defect occurs within 24 months from the date of delivery of the products; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is correctly filled out.
- In the event of non-conformity, the user who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products without costs, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent refund of the price.
- All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
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In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products. - In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
- The user who intends to exercise his right of withdrawal from the purchase made on La Fosina, may do so by:
By sending an email to: ecommerce@lafosina.com
Or by visiting https://lafosina.shipping-portal.com/rp/
- The buyer must exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014, which is not mandatory.
- The goods can be returned to any point of sale in Italy, as indicated on our web page, as well as sent to:
The Fosina of De Biasio Tullio & C. snc
via Pian 11, 32023 Rocca Pietore (BL) Italy
- The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum of 14 days, including any shipping costs.
- As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer has demonstrated that he has returned the goods.
- The right of withdrawal will not apply in the event that the services and products of La Fosina are included in the categories of art. 59 of Legislative Decree 206/2005.
- The site will refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the refund.
Art. 12 - Data processing
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The buyer's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).
Art. 13 - Safeguard clause
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In the event that one of the clauses of these General Conditions of Sale is void for any reason whatsoever, this shall in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 14 - Contacts
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Any information request can be sent by email to the following address ecommerce@lafosina.com, by telephone to the following telephone number: +39 328 412 7946, and by post to the following address:
The Fosina of De Biasio Tullio & C. snc
via Pian 11, 32023 Rocca Pietore (BL) Italy
Art. 15 - Applicable law and competent court
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These General Conditions of Sale are governed by and interpreted in accordance with Italian law, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law. - Any disputes inherent and/or consequent to the same shall be resolved exclusively by the Italian judicial authority. In particular, if the user is a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law.
These conditions were drawn up on 02/25/2021.