The following General Conditions of Sale comply with the provisions on the sale of consumer goods, pursuant to Legislative Decree 6 September 2005 n. 206, hereinafter identified as the "Consumer Code", concerning the remote purchase of products and services via computer network on the website "shop.casafortunato.it" as well as, as regards the protection of confidentiality, the provisions pursuant to Legislative Decree 30 June 2003 n. 196. The provisions relating to the Consumer Code apply only to consumer buyers who have made the purchase for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Object of the contract
The products for sale are illustrated on the site, the services consist of transporting the goods to the home chosen by the customer and any product assembly operation. The products are sold through the licensing companies of the "Casa Fortunato Vivere la notte" brand. All the information on the contracting company (hereinafter "seller"), are visible by specifying the municipality where the customer wishes to have the products delivered.
Obligations of the buyer
By sending the confirmation of the purchase order electronically, the buyer declares to have examined and unconditionally accepted these general conditions of sale, undertaking to observe them in his relations with the seller. The customer undertakes and obliges, once the online purchase procedure has been completed, to print and keep these general conditions of sale in order to fully satisfy the condition referred to in art. 53 of Legislative Decree n. 206/2005
1) Product compliance
The sold good must conform to the illustration seen by the buyer and/or to the information shown on the website, bearing in mind that for natural products (wood, leather, hide, etc.) slight differences or color discrepancies are tolerated to the illustration.
In the case of custom-made modular goods, any prospectuses are to be understood as an artistic interpretation of the project and therefore have the nature of a purely illustrative schematic drawing. The measurements of the room to be furnished upon delivery must comply with what was communicated by the purchaser in the specific measurement confirmation form 4, or with the map drawn up by the technician in charge who intervened to take the measurements at the purchaser's home. If the measurements undergo changes due to interventions subsequent to their communication/detection, they must be immediately communicated to the seller by the buyer. The buyer cannot claim any responsibility in the event that he has provided inaccurate measurements or has not communicated the variations.
The availability of the product ("expected availability") is indicated when the order is sent electronically. In some cases, including goods to be made to measure, an expected delivery period will be indicated. At any time, the buyer can obtain information on the progress of the execution of the contract by contacting the "Customer Service" telephone number 0828 350861.
4) Storage costs
There is an additional daily cost of €5 (for each order) after 30 days of storage of the goods in the warehouse, starting from the scheduled delivery date or from the appointment date set during the purchase phase. If within 90 days from the scheduled delivery date or from the appointment date fixed during the purchase phase, the customer does not make himself available to receive or collect the goods, the company reserves the right to cancel the contract and withhold the deposit paid.
The seller and the buyer are not responsible for the delay in delivery, if this is due to force majeure or unforeseeable circumstances.
6) Transport and assembly
The transport and assembly service is provided upon request and entrusted to specially appointed third parties. The buyer undertakes to communicate at the time of the order any impediments or problems that may make the delivery of the goods difficult or impossible, undertaking to remove them. The buyer declares that the delivery can be made without the aid of special equipment (e.g. goods lift). Any use of aerial platforms or stair lifts must be reported at the time of purchase and will be the sole responsibility of the purchaser. The service only includes the assembly of the individual parts; on the other hand, it does not include any hydraulic, electrical or masonry work and, in general, the works necessary to make the asset functional as well as any connection of the same to the electricity, water and gas utilities are not included. In any case, it will be the buyer's responsibility to remove any impediments or problems that may make the delivery and assembly of the goods difficult or impossible by the delivery date, as will any connection to the relative utilities, which must be carried out by qualified and certified technicians in accordance with current legislation. The buyer declares that the walls on which the purchased goods will be installed are suitable for this purpose. He also declares that there are no plumbing or electrical systems, pipes or anything else inside them that could hinder the successful assembly. Failing that, the seller declines any type of responsibility for any damage that may occur as a direct or indirect consequence of the failure to communicate, or for any damage that may derive from the failure (moving or dislocation) of electrical sockets or gas taps positioned above of the hob, in clear violation of the regulations in force.
7) Obvious defect
It is the buyer's responsibility to check the goods received upon delivery and in particular the absence of obvious anomalies (e.g. scratches/stains). The reporting of obvious defects found can be made by telephone to the "Customer Service" within seven working days of delivery. The purchaser must refrain from intervening directly or through third parties for the removal of any anomalies found. Failing that, the company will not refund the expenses incurred.
The articles are applied to this contract. 128-135 of the Consumer Code. The activation of the guarantee implies, in order to be accepted, the presentation of the receipt and/or invoice relating to the purchase and the verification of the anomalies of the product reported by the purchaser by personnel appointed by the seller. Defects resulting from normal wear and tear, misuse, or from an accident caused by an external element or through a modification neither foreseen nor authorized by the seller, are excluded from this guarantee.
Legal Guarantee in accordance with art. 130 of the Consumer Code, the seller is liable to the buyer for any lack of conformity existing at the time of delivery of the goods. In particular, and for all household appliances sold, the company undertakes to provide the legal guarantee directly on its own for 24 months from the date of purchase of the goods, in addition to doing what is necessary to always ensure rapid interventions under the guarantee, striving never to cause significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased the good. Except in exceptional cases, the repair or replacement will be carried out by the seller within a reasonable time and in any case no later than 60 days from the notification of the defect. The costs for intervention under warranty on the product (spare parts and labour) are all the responsibility of the seller. The consumer must show the purchase document.
Conventional Guarantee. The appliances purchased in our stores are also covered by a conventional guarantee issued by the manufacturer of the goods, which can be exercised directly by the seller against the individual manufacturer. It is voluntary in nature and does not replace, limit, exclude or prejudice the right to the legal guarantee of conformity. The duration, the territorial extension, the methods of use, the types of damages/defects covered and any limitations of the manufacturer's conventional guarantee are elements indicated in the c.d. warranty certificate contained in the product packaging. At the buyer's request, the selling company will provide him with the data of the closest contact details of the manufacturing company's assistance network, to which the selling company will signal the need for intervention under warranty.
Legal guarantee for the non-consumer client. Differently from the foregoing, the professional customer, in order to make use of the legal guarantee charged to the seller, must report to the selling company, under penalty of forfeiture, any defect found on the product within 8 days of its expiry. The legal guarantee will have a duration of 12 months from the delivery of the product. In any case, the purchase document must be shown.
9) Right of Withdrawal
The buyer has the right to withdraw from the contract, without any penalty and without specifying the reason, by explicitly declaring his will to withdraw from the contract within 14 days of delivery of the goods to the address: FC ITALY srl – Via la Lavatoio 1 Olgiate Molgora 23887 – Lecco. The declaration can be sent by registered letter, telegram or to the PEC box firstname.lastname@example.org.
The buyer can exercise the right of withdrawal in the manner described above, only if provided with a receipt or invoice relating to the purchase . The costs of returning the goods, which must arrive in a normal state of conservation, are borne by the customer.
The seller will proceed with the refund of the amount paid as soon as the goods are received.
Refunds by the seller following the return of the goods or for any other reason can only be made by bank credit.
The products are sold on the basis of the rate published on the website at the time the order is placed. Any temporary promotions on sales prices will be applied only if still in force on the date of subscription of the commission voucher by the buyers.
Payment for the goods will be made by paying the amount agreed between the parties according to the payment conditions set out in the "Methods of Payment" item. If the buyer finds anomalies, the same may withhold a sum not exceeding 20% of the price of the single defective item. Once repaired and/or replaced, the buyer is required to pay the amount withheld.
13) Methods of Payment
The payment methods accepted when ordering are: debit and credit card (enabled circuits and Paypal), bank transfer, financing where required and subject to approval by the finance company. Payment will be made in advance and in any case before delivery for the bank transfer method.
15) Domicile for communications
The buyer elects his domicile at the address indicated for delivery. Any changes must be promptly communicated in writing by registered mail with acknowledgment of receipt to be sent to: FC ITALY srl – Production site Via Le Caterine 21 84092 Bellizzi – SA, failing which, any communication will be deemed validly sent to the domicile communicated.
For anything not regulated in these General Conditions, please refer to the provisions of Legislative Decree n.206/2005.
Pursuant to and by effect of art. 14 of EU Regulation no. 524/2013, we report the link for access to the ODR platform (Online Dispute Resolution): http://ec.europa.eu /consumers/odr/