Important! This is a translation of the original Italian text. In the case of translation errors, the Italian text will prevail.
These General Conditions of Sale (the “Terms of Sale”) that apply to your purchase of products through our website (the “Site”). The Site and the products purchased through it are provided by Fava Ivo Srl, a company under Italian law, VAT No. 00120410212, fully subscribed share capital of Euro 103,000.00, registration number in the Bolzano Business Register 2402, no. of R.E.A. of Bolzano 65098, with headquarters in Via Meucci, 2, 39055, Laives, Italy, telephone number +39 0471954041, fax number +3904741953773 (here indicated by “we”, “us” and “our”). When we refer to “you” and “your” we mean you, the user of the Site and the buyer of the products.
We reserve the right to make changes to the Conditions of Sale and Additional Policies at any time. Any modification of the Conditions of Sale or Additional Policies will be effective for all new orders made after the publication of the modification on the Site. It is required to check the Conditions of Sale and Additional Policies published on the Site before any order: they could be changed since your last visit.
Nothing in these Conditions of Sale will have the effect of limiting or excluding the rights that are recognized by law and which can not be limited or excluded by the will of the parties. For any questions or requests concerning the Conditions of Sale, any of the Additional Policies, the products on sale on this Site or on the Site itself, please contact us by e-mail at firstname.lastname@example.org
PART A – INFORMATION ON THE SITE AND ON THE PRODUCTS
This PART A contains some important information regarding the Site and the products that you can purchase through the Website.
Information on the Website
- We try to ensure that all information on the Site, including descriptions of our products and prices indicated, are always accurate and correct. However, errors can occur. We will try to correct all errors in the information on the Site as soon as reasonably possible and if we believe that such an error has affected your order, we will use reasonable efforts to report it to you via the contact information you have provided on your account or in your order.
- Buying products on the internet is a different shopping experience than buying in the store. In particular, he must be aware that:
- The colors of the products as shown on the Site will depend on various factors, including the settings of your display;
- The actual dimensions and shapes of the products may differ from how they appear on your screen. Please note that for each item on sale on the Website the relevant technical information is provided;
- The photos and images on the Site are available for illustrative purposes only. For an accurate description of any item and for details of what is included in it, please refer to the corresponding written description.
- All products are subject to availability and we may not be able to process your order. You will always be informed of this and we reserve the right to withdraw from the sale any product at any time;
- We will do our best to arrange for the delivery of your products within a reasonable period of time from the order and with the shipping date indicated in the e-mail confirming the shipment, in line with the applicable legal provisions and these terms and conditions. conditions, but please note that all tracking information is provided to us by our supplier in charge of deliveries, and are only estimates of delivery. Actual delivery dates may vary. Further details regarding the delivery may be available on the tracking service of our supplier in charge of deliveries. Please see PART B below for more information on delivery; and not all products and promotions offered on the Website will be available in the shop and vice versa. We reserve the right to change, at our discretion, prices, products and special offers on the Site. Any such modification will not affect orders that have already been finalized by you, even prior to our acceptance.
- We will do our best to verify the absence of viruses on the Site, but we do not guarantee that the Site is free of viruses or other potentially harmful content for your computer. For your own interest, you should ensure that you have appropriate software and systems that monitor viruses and other potentially harmful content on the internet.
We have the right, at any time, to modify or discontinue the publication of the Site and to cease the sale of any or any products through it, temporarily or permanently and with or without prior notice. We will not be liable to you for any modification, suspension or termination of site availability.
It is your responsibility to ensure that any access data (login) or password and all other details relating to your account remain confidential at all times. You agree to inform us as soon as possible if you find out or reasonably suspect that your account is at risk.
PART B – PURCHASE OF PRODUCTS
This PART B indicates the conditions that apply to your purchase of products from the Site.
- Place your order
- Once you have selected the products you want, you will be asked to register your personal data with us by completing a registration form. Registration is not mandatory; however, we encourage registration in order to facilitate the checkout process for future orders on the Site. You always have the option to complete the order as a “guest” without registering with the Site. You will also be asked to provide your data. debit or credit card in order to enable us to receive payment after we have accepted your order. We use an external supplier to authorize the payment on your card, verify that your data are correct and to manage the payment on our behalf; Your personal data, including your credit card details, will be transferred to such third parties and you will specifically consent to the transfer of your data for such purposes. When placing an order for products on the Site, your order constitutes an offer to purchase products from us which will become binding after our acceptance as indicated below. When ordering more than one product, your order includes a series of offers for each individual item. In the event that we find inaccuracies in verifying the data of your credit or debit card, the purchase process may be postponed, suspended or interrupted.
- After placing an order with us, you will have access to a web page confirming the order and will receive an e-mail confirming the order (together with the “Order Confirmations”). The Confirmations of the Order indicate the final details of the order that it has forwarded to the Site. Please be careful when placing the order. You can add products or change the order after sending our Order Confirmations within one hour from the order itself by modifying it online or, after such time, by contacting our Customer Service at 0471954041. If you wish to add of the articles or change the order after the end of one hour from the order, but before the issue of the Dispatch Confirmation described below, can not do it online, but must contact our Customer Service using the details indicated above.
- The Order Confirmation contains details of the products ordered, the total cost of the order, including delivery costs, and an order number. Once your order has been sent, we will send you an e-mail confirming shipment and the receipt will be available to you on the Website in the Order History section. The receipt constitutes proof of purchase for your products with the specific indication of the VAT paid. We recommend that you print a copy of your receipt, together with a copy of these Terms of Sale and Additional Policies, and keep them safe. You will need to refer to these details if you will contact us in relation to your order.
- Acceptance of the Order
- All orders are subject to acceptance by us. We will confirm acceptance by sending you an e-mail confirming that all or part of the products you have ordered have been sent (the “Dispatch Confirmation”). The contract between you and us, which will incorporate these Terms of Sale, will only form when we issue you the Dispatch Confirmation. The contract will refer only to the products whose shipping has been confirmed in the Shipping Confirmation. We will not be obligated to provide any other products that may have been part of your order until such product has been confirmed in a separate Dispatch Confirmation.
- Although we hope to be able to provide all the products ordered, we reserve the right, at our discretion and without the need to provide reasons, not to accept an offer at any time before the related products are shipped. If we refuse your order, we will inform you as soon as reasonably possible.
- We will process the payment from your credit or debit card at the time your order is shipped. You will receive an e-mail or letter stating which items have been shipped on the basis of your order and any cost to send such items (the “E-mail”). If your order is divided into multiple shipments, we will only charge you for the items actually shipped at that time. The e-mail will include information on the items actually shipped only at that time, a summary of these Terms of Sale, information on the products purchased, the right of withdrawal, payment methods and applicable taxes, and all mandatory information required by law. We will contact you if we have any problem with withdrawing your payment with the card details you provided during the order process.
- All prices shown on the Site include VAT and other applicable taxes. We will not charge you any commission for delivering items to your shipping address.
- Unless otherwise indicated in these Conditions of Sale, the price you paid for the products is the price reported by the Site at the time you place your order.
- Price determination errors
- Although we try to ensure that all prices on the Site are accurate, errors may occur. If, before accepting from us, we discover an error in the price of the products you ordered, we will inform you as soon as reasonably possible. You will then be given the option to reconfirm your order at the correct price or cancel your order.
- If we are not able to contact you using the contact information you provided during the order process, we will consider the order as canceled and will inform you by e-mail.
- Fava offers delivery on all orders in your country at a fixed cost. We estimate that orders can be shipped within approximately 3 business days from the day on which we send our Shipping Confirmation (hereinafter, “Shipping Day”). All shipments are fully insured. Air shipment to PO boxes is not possible.
- Purchase of non-Fava branded products requires more processing time and transit. Usually these orders are delivered within 5 working days starting from the Shipping Day.
- In the Shipping Confirmation we will confirm the carrier’s details and tracking number as soon as your order is shipped. You can monitor the delivery status of your order at any time via your Fava-Ivo.it page.
- For any questions, please contact us.
- Once the products have been delivered to you and have acquired the material possession, you become the owner of the product and from that moment will assume the relative risk.
- On delivery you will be asked to check the condition of the packaging and if the correct number of packages has been delivered. The missing items will be re-ordered, while the damaged / wrong items will be returned and, according to these Conditions of Sale, replaced and delivered free of charge. You are required to inform us of any damaged, missing and / or incorrect goods in accordance with the Warranty Policy set forth in Part D of these Conditions of Sale.
PART C – CANCELLATION OF ITS ORDER AND RETURNS OF PRODUCTS
- Right of withdrawal. We offer the right to withdraw from the contract within a period of 14 days, allowing you to cancel your product contract up to 14 days from when you acquire the material possession of the products. It can withdraw from the contract in whole or in part. It is advisable to treat the products with reasonable care and to return all unwanted items to you. Please read our Returns Policy for more information on our 10-day return period and return of goods. Please see the Right of Withdrawal – Returns Policy in Part D of these Terms of Sale for the terms and conditions applicable to your right of withdrawal and refund.
- Defective products. If you find that the products delivered to you do not match the description or are damaged or defective and we find it impossible to remedy the defect to your reasonable satisfaction, these products may be returned without prejudice to any other rights granted by law. Please read the Right of Withdrawal – Return Policy section for more information on how to make the products.
PART D – GENERAL TERMS ON OUR RELATIONSHIP WITH HER
The details of your warranty rights in relation to each type of product are set out in our Warranty Policy. These warranties are added to and do not affect your statutory consumer rights.
Events beyond our control
We will not be responsible for any delay in the performance or non-compliance with these Terms of Sale or additional policies if such delay or non-fulfillment results from any unforeseeable, unavoidable event beyond our control.
The delay in the exercise or lack of exercise on our part of any right or remedy under these Terms of Sale will not constitute a waiver of our rights and remedies under these Conditions of Sale.
In the event that one or more of the provisions set forth in these Terms of Sale or Additional Policies are / are deemed to be invalidated by a competent authority, the remaining provisions of the Conditions of Sale and Additional Policies will continue to be effective. and binding on you.
Online Resolution of Disputes
If you have encountered a problem with one of our products or with a purchase made on Fava-ivo.it, to find an out-of-court solution, you can use the website http://ec.europa.eu/odrche is available in all the languages that do part of the European Union. For any questions, clarifications, or information on requests made through this site, you can contact us here.
This contract is governed by and will be interpreted in accordance with Italian law, subject to your statutory rights which can not otherwise be excluded.
- LICENSE GRANT. FAVA hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that you comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.
- USER REPRESENTATIONS. By accessing or using the Website, You represent that You are at least eighteen (18) years old. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the Website.
- PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that FAVA transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and/or licensed by FAVA. FAVA, the fava logo(s), and all other names, logos, and icons identifying FAVA and its products and services are proprietary trademarks of FAVA and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.
- CONTENT SUBMITTED BY YOU
A. From time to time We may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, we welcome your comments on our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to FAVA (“User-Posted Content”) must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by Us. User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity.
B. Upon your submission of any and all User-Posted Content, you grant FAVA a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Submitted Content, such that FAVA shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, you represent and warrant that you hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.
We reserve the right, in our sole and absolute discretion, to modify, edit or remove any User-Posted Content, if a complaint or notice of allegedly infringing materials is received with respect to the User-Posted Content, or for any other reason.
- RESTRICTIONS. You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
- AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that FAVA reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Website, or any part thereof, or any goods offered thereon, and/or (ii) disable any access to the Website, or any part thereof.
- LINKS TO OTHER SITES. The Website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by FAVA and are maintained by third parties over which FAVA exercises no control. Accordingly, FAVA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- INDEMNITY. By using this application, You agree to defend, indemnify and hold harmless FAVA and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Website; (ii) any User-Posted Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.
- ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to FAVA, such injury would not be quantifiable in monetary damages, and FAVA would not have an adequate remedy at law. You therefore agree that FAVA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
- TERM AND TERMINATION. This TOU will terminate immediately and automatically, upon our notice, if You fail to comply with above Sections: 1, 4, 5 and 10. Termination will be effective upon our notice. You may also terminate this TOU at any time by ceasing all use of the Website. Sections 3, 4, 7, 8, 9, 10, 11, 13, and this sentence of this Section 11, will survive the termination of this TOU for any reason.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
- APPLICABLE LAW. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Italy without regard to its conflict of laws provisions, and without prejudice to your rights under other applicable law, which cannot be otherwise excluded.
- HEADINGS. Headings are for convenience only.