General Conditions of Sale
1. General Provisions
1.1 These general conditions of sale (hereafter “General Conditions”) govern all sales of FontanaArte products (hereafter ”Products” or ”Product”) concluded online on the website www.fontanaarte.com.com/it (hereafter the ”Website”).
1.2 The online sales service governed by the General Conditions is exclusively reserved to consumers (hereafter “Customers” or ”Customer”); “consumers” means natural persons, over 18 years of age, who are not acting in a business, entrepreneurial, artisan or professional capacity.
1.3 The language used to conclude sales contracts through this Website is Italian.
1.4 I Customers are required to carefully read the General Conditions, which are available on the Website, so that they can become familiar with them, save them, and copy them. FontanaArte (as defined below) will send a copy of the General Conditions to the Customer as provided in Article 5.10 below of these General Conditions. FontanaArte will keep a record of contracts concluded with Customers for as long as required by current law.
2. Identity of seller
2.1 The seller is the company FontanaArte S.p.A., a member of ItalianCreationGroup, and has registered headquarters at Via Alzaia Trieste 49, 20094 Corsico (MI), Italy, VAT number 09632850963, Economic and Administrative Section (REA)/Milan Chamber of Commerce no. 2103126, AEE (Electric and Electronic Devices) WEEE reg. no. IT6120000009612 share capital Euro 500,000 fully paid-up
3. Information on products and their availability
3.1 Information on Products, along with the Product codes and their price, are available on the Website.
3.2 Depictions of the Products shown on the Website may not be accurate; thus, Customers should rely exclusively on the Website’s description of the Product and its characteristics.
3.3 FontanaArte reserves the right to at any time limit the quantity and/or type of Products that can be purchased on the Website. The style, models and colors of Products described on the Website may be changed without notice.
3.4 FontanaArte is in no event responsible for any errors due to problems with the Customer’s connection to the Website.
4.1 The Product price indicated on the Website is expressed in euros and includes all applicable taxes or duties. The Product price does not include any delivery costs, which will be indicated separately in the order form, if applicable.
4.2 FontanaArte constantly verifies the accuracy of the prices indicated on the Website; nevertheless, it is not possible to guarantee that there will be no errors. If an error is found in the price indicated for a Product, FontanaArte will reject the order and will offer the Customer the opportunity to purchase the Product at the correct price. If the error is discovered after the order was accepted, FontanaArte will offer the Customer the opportunity to cancel the order.
5. Conclusion of contract
5.1 The Website reports the essential characteristics and price of each Product. The information on the Website does not constitute an offer from FontanaArte.
5.2 Before sending an order proposal through the Website, the Customer must carefully read all instructions provided during the purchasing procedure (including with regard to delivery costs, conditions for exercising the right of rescission, and the Privacy Disclosure), as well as these General Conditions.
5.3 To purchase Products, the Customer must (i) add the selected Products to the ”Cart” by clicking the appropriate button; (ii) complete the order proposal; (iii) select the method of payment; (iv) accept the General Conditions; and (v) send the order proposal to FontanaArte through the Website.
5.4 Transmission of the order proposal constitutes an offer to buy the Products selected, governed by these General Conditions and binding on the Customer, except for the right of rescission provided in Article 10 below. The Customer’s transmission of the order proposal obligates said Customer to pay the price of the Products ordered.
5.5 Before sending the order proposal, the Customer may make any corrections/changes to the information entered by following the appropriate procedure indicated on the Website (for example, the Customer may change the quantity of Products they intend to purchase or may remove one or more Products from the ”Cart”).
5.6 FontanaArte will retain the form with the order proposal and the Customer’s data regarding the order proposal for as long as required by the law in force, as described in the Privacy Disclosure.
5.7 FontanaArte may, at its discretion, refuse an order proposal within 30 days after its receipt. In this situation, the Customer will owe nothing to FontanaArte. Cases in which FontanaArte may refuse an order proposal include but are not limited to the following:
(ii) there is a report or suspicion of fraudulent or illegal activity, including suspicion that the purchases are made for commercial purposes; or
(iii) the Customer fails to meet their obligations arising from a prior contract concluded with FontanaArte.
5.8 The contract between FontanaArte and the Customer is concluded upon the Customer’s receipt of confirmation from FontanaArte that it has accepted the order proposal (”Order Confirmation”). FontanaArte’s acceptance (or refusal) of the order proposal will be sent to the Customer at the email address the Customer indicates in the order proposal.
5.9 If one or more Products ordered are unavailable, the Customer will be notified via email. In this case, the order proposal will be canceled, or accepted only for the Products that are available. In case of partial acceptance, the Customer is required to pay only the price for the available Products (if payment is made via credit card or PayPal, the Customer will be refunded the amount they are owed).
5.10 In accordance with the provisions of Article 51, paragraph 7 of Legislative Decree no. 206 of September 6, 2005 (”Consumer Code”), the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and terms of payment, information on delivery costs, if provided, and conditions and procedures for exercising the right of rescission.
5.11 After receipt of the Order Confirmation, the order may not be canceled or changed. The return of Products already shipped must follow the procedure set out in Article 10 below.
5.12 The risk of Product loss or damage is transferred to the Customer when the Customer (or a third party they designate, other than the carrier) takes physical possession of the Products.
6. Terms of payment
6.1 The Customer may use a credit card, PayPal, or a bank wire to pay for the Products in the order proposal and for shipping costs, if applicable.
6.2 FontanaArte accepts payments through the following credit cards:
6.3 Transactions through the Customer’s credit card will be debited only after:
(i) the credit card data have been verified;
(ii) authorization has been received from the company that issues the Customer’s credit card.
6.4 Payments may also be made by bank wire, using the following IBAN: IT70I0306909540100000009844. The Customer will be responsible for all costs and expenses, including any fees associated with the bank wire that the Customer’s bank charges the Customer. Payment must be made no more than 7 (seven) business days after the Order Confirmation date.
6.5 If, for any reason, it is not possible to charge the credit card for the sums the Customer owes (or in case of a bank wire, the funds corresponding to these amounts do not become available in FontanaArte’s bank current account) within the term provided by Article 6.4 above, the contract cannot be executed and the order will be considered canceled.
6.8. If an invoice is required, this must be requested at the time of the order, and the invoice will be issued based on the information the Customer provides. No changes may be made to the invoice after it has been issued. An invoice request may not be made after the order is submitted.
7. Transport and delivery
7.1 Products purchased will be delivered on business days, through a carrier selected by FontanaArte (hereafter the ”Carrier”). The Products will be delivered to the address the Customer indicates in the order proposal. No deliveries will be made to post office boxes.
7.2 Except in the case of force majeure, unforeseen circumstances, or agreements between the Customer and Carrier, deliveries will be made within 7 (seven) business days after the date indicated in the Order Confirmation. If delivery is not made by that date, the Customer may terminate the contract and FontanaArte must immediately refund all contractual expenses incurred.
7.3 At the time of delivery, the Customer (or someone delegated by such) must: (i) ensure that the number of parcels being delivered corresponds to the number indicated in the delivery note; (ii) ensure that the packaging and relative seals are intact, not damaged, not wet, and not altered in any way; (iii) sign the delivery document; and (iv) if requested by the Carrier, present an identity document. Any damage to the wrapping and/or Products or any discrepancy in the number of parcels or instructions must be immediately reported in writing on the Carrier’s delivery note. If permitted by current law, once the Carrier’s document is signed with no objections from the Customer, the Customer may raise no objections on the exterior characteristics of the package delivered; it is agreed that in accordance with Article 13 below, the Customer may also raise objections subsequently if they relate to the Products.
7.4 If the Customer is responsible for delivery costs, they will be reported separately in the order form.
8. Confirmation of shipment and delivery
8.1 FontanaArte will send the Customer an email confirming shipment after the Products are shipped.
9. Packaging or wrapping
9.1 Products purchased on the Website are delivered in the appropriate wrapping.
10. Right of rescission
10.1 Under Article 52 of the Consumer Code, the Customer has the right to rescind the contract, without stating a reason, within 14 (fourteen) days after the date on which the Customer (or the party they delegate to receive the products) takes physical possession of the Products.
10.2 To exercise the right of rescission, the Customer must send a notice to the following email address within the term indicated in Article 10.1 above: email@example.com, using the special form on the Website. To manage return requests, registered users may go to the “RETURNS” section under My Account. Unregistered users must complete the form here. “INSERT LINK TO RETURN FORM”
10.3 Within 14 (fourteen) days after the rescission notice (sent in accordance with Article 10.2 above), the Customer must return the purchased products to FontanaArte by sending them to the following address, selecting the shipping method most appropriate for the value of the Products: FontanaArte S.p.A., c/o Logistics, Via Alzaia Trieste 49, 20094 Corsico (MI), Italy. Unless otherwise indicated on the Website, the Customer is responsible for the cost of returning the Products to FontanaArte. The Products must be returned intact, unused, undamaged, and in their original and complete packages (including wrappings and any documentation and accessories). The Customer is exclusively responsible for any decrease in the value of the Product due to unnecessary Product handling to ascertain its nature, characteristics, and functioning.
10.4 FontanaArte will fully refund all sums paid by the Customer within 14 (fourteen) days after the date FontanaArte receives the returned Products from the Customer or after the Customer provides proof that it has sent back the Products, depending on which event occurs first. FontanaArte will make this refund based on the same payment terms the Customer used for the initial transaction, unless otherwise agreed by the parties, upon condition that the Customer must not incur additional expenses for this refund.
13.1 If the Products sold by FontanaArte have manufacturing defects or any presumed non-conformity, the Customer must contact online assistance, via email or the postal service, at the following addresses:
Via Alzaia Trieste 49
20094 Corsico, Italy
attn. E-commerce Office
13.2 Sale of the Products is subject to the legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code. Under these provisions of law, the Customer has the right to full correction of the Product’s non-conformity through its choice of either repair or replacement, at no cost to said Customer. If one of these remedies is objectively impossible or excessively burdensome compared to the other, as provided in Article 130, paragraph 7 of the Consumer Code, the Customer may obtain a fair reduction in the price of the Products or, in the alternative, termination of the contract. The Customer will forfeit these rights if they do not report the presumed non-conformity to FontanaArte within 2 (two) months after the date on which they discovered this defect. In any case, by law, any claim of a presumed non-conformity must be made within 26 (twenty-six) months after the date on which the products were delivered to the Customer.
13.3 If the Customer requests repair or replacement of the Products due to a presumed non-conformity within the terms of Article 13 herein, delivery costs for the return of the Products to FontanaArte for repair or replacement, as well as all expenses for redelivering the repaired or replacement Products to the Customer, will be borne solely by FontanaArte.
14. Guarantee of authenticity and intellectual property rights
14.1 FontanaArte guarantees the authenticity of all Products purchased on the Website. Products with the “FontanaArte” name are made according to exclusive designs and are subject to the very strictest quality controls. Air bubbles, streaks, slight surface imperfections or discoloring are typical characteristics of all quality hand-blown and hand-crafted glass. Thus, they should not be considered manufacturing defects.
14.2 All “FontanaArte“ trademarks, figurative marks or three-dimensional marks on the Products, the relative accessories and/or packaging, as well as all illustrations, images and logos protected by copyright and, more in general, all intellectual property rights for the Products, are and will remain the exclusive property of FontanaArte.
15. Governing law and jurisdiction
15.1 These General Conditions and, consequently, the contracts concluded with Customers, are governed by Italian law (in particular, the Consumer Code and Legislative Decree no. 70 of April 9, 2003 “ E-commerce Decree“) and must be interpreted in accordance with such.
15.2. Disputes arising from the interpretation, validity and/or execution of these General Conditions will be subject to the jurisdiction of the court in the Customer’s place of residence or domicile.
16.1 For additional information and assistance regarding the Website or online purchasing procedures, the Customer may contact FontanaArte at the following email address: firstname.lastname@example.org