GENERAL TERMS AND CONDITIONS FOR THE ONLINE SALE OF CONSUMER GOODS
The Buyer (as defined in Article 1.2 below) expressly declares that he/she is making the online purchase on the site-web https://www.filifolli.it (hereinafter referred to as the “Site”) for purposes unrelated to any commercial or professional activity carried out.
These clauses are written in Italian (and English) and are applicable only to Buyers who reside and indicate an address (including delivery address) in the territory of the European Union.
Seller Identification
The goods covered by these general conditions are offered for sale by ALBER SPA with registered office in 39011 – Lana (BZ), Zona Industriale 2, registered with the Bolzano Chamber of Commerce under no. 00120010210 of the Commercial Register, Tax Code and VAT number: IT00120010210 (hereinafter “Seller”), certified e-mail address: info@pec.alber.it.
The detailed information about the contact details for contacting the Vendor quickly and communicating directly and effectively with the Vendor, including for the purpose of requesting information, sending communications, requesting assistance, or filing complaints are provided in the section of the Site: “ Contact “.
Customers are required to read these general terms and conditions carefully. The submission of the order by the Buyer to the Seller implies the express acceptance of the above terms and conditions.
1. Definitions
1.1. The term “contract for theonline sale of consumer goods” means the contract of purchase and sale relating to the Seller’s tangible movable goods, entered into between the Seller and the Buyer within the framework of a distance selling system through telematic means, organized by the Seller.
1.2. The term “Buyer” means the consumer natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.
1.3. The term “General Terms and Conditions” means these general terms and conditions of sale.
2. Subject of the contract
2.1. By this contract, respectively, the Seller sells and the Buyer purchases at a distance through telematic means the products indicated and offered for sale by the Seller on the Site(https://www.filifolli.it).
2.2. The products referred to in the preceding paragraph (hereinafter “Products”) are illustrated on the “SHOP” page.
2.3. These Terms and Conditions do not govern the sale of products and/or provision of services by parties other than Seller that may be visible on the Site through links, banners, pop-ups, advertisements (advertisements) or other hyperlinks.
2.4. These General Conditions are applicable only in the European Union. The Site allows each Buyer to browse freely by placing items in the shopping cart and to make, with or without registration, purchases with delivery to a country in the European Union regardless of the state in which he or she is physically located at the time he or she accesses the Site.
2.5. The applicable General Terms and Conditions are those in effect on the date of transmission of the purchase order. These can be changed by the Seller at any time. Any changes and/or new conditions will be in effect from the time they are posted on the Site. Buyers are therefore encouraged to access the Site regularly to check for any changes and/or updates to the General Conditions.
3. Order, method of purchase and conclusion of contract
3.1. The purchase of Products on the Site may be made with or without registration to it. However, registration is free. To register with the Site, the Buyer must click on “Create an Account” when filling out the appropriate form to complete the order, or can register directly at the web address https://www.filifolli.it/mio-account/
3.1.1. Purchase without registration: the Buyer must complete the form by entering the required data. The order is concluded with payment. In case of further purchase the Buyer (if not registered) will have to re-enter all the required data.
3.1.2. Purchase with registration: the Buyer must complete the form by entering the required data. The order is concluded with payment. In the event of a subsequent purchase, the Buyer will not have to re-enter all of the required data, as the system maintains a history of purchases made and payment systems used by the Buyer.
3.2. The purchase contract is concluded exclusively through the Internet by means of Buyer’s access to the Site and, subject to compliance with the procedures set forth therein, by Buyer’s completion and submission of the order form. This is subject to the provisions of Article 8.2 of the General Conditions below.
3.3. Resellers, wholesalers, and, in general, anyone who intends to purchase the Products for the purpose of subsequent resale may not make purchases from the Site. In addition, only those who are at least 18 years old are allowed to purchase Products on the Site. In the event of a violation of these prohibitions, the Seller reserves the right to take all actions necessary to bring the irregularities to an end, including suspension of access to the Site, cancellation of membership and/or non-acceptance or cancellation of orders.
3.4. The languages available to Buyers for the conclusion of the contract are Italian and English.
3.5. In the “payment received for your order” e-mail, the Buyer will find an indication of the “Customer Order Number”, which he or she must then use in any subsequent communication with the Seller, as well as a summary of all Buyer data entered in the order. The Buyer agrees to verify its accuracy and promptly communicate any corrections through Customer Service, which can be contacted by accessing the “Contact” section of the Site.
3.6. Buyers who have made a purchase with registration will be able to access their “Order Summary” and check its status via the “Orders” section that can be reached at the web address https://www.filifolli.it/mio-account/ordini/.
3.7. The Seller reserves the right to reject orders that come from: a Buyer with whom it has ongoing legal disputes; a Buyer who has previously violated the terms and/or conditions of the purchase agreement with the Seller; a Buyer who has previously exercised at least three times, even partially, the right to withdraw from contracts entered into with the Seller; a Buyer who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments. The Seller also reserves the right to refuse orders from customers who have provided false, incomplete and/or otherwise inaccurate identifying information.
3.8. For orders placed on https://filifolli.it there is a minimum purchase amount of €100.00 (one hundred/00) regardless of incidental transportation costs to various destinations.
4. Payment and refund arrangements
4.1. Any payment by the Buyer may be made only by one of the methods indicated on the Site.
4.2. In the case of payment by credit card, concurrently with the conclusion of the contract, the issuer of the relevant card will authorize the total amount due from the Buyer in connection with the purchase made (hereinafter “Total Amount Due”). The Total Amount Due will then be charged to Buyer’s credit card at the time of purchase.
4.2.1. If, subsequent to the actual debiting of the Total Amount Due from Buyer’s credit card, termination of the contract occurs, resulting in cancellation of the order, Seller will re-credit the Total Amount Due without delay and, in any event, within 14 days of termination of the contract.
4.3. Payment for Products purchased on the Site may be made through the PayPal payment solution, subject to the terms and conditions of the contract agreed between the Buyer and PayPal. In the case of payment by PayPal, the Total Amount Due will be charged by PayPal immediately, concurrently with the conclusion of the contract.
4.3.1. In the event of termination of the contract and subsequent cancellation of the order, the Total Amount Due will be concurrently credited back to Buyer’s PayPal account. The method of crediting back to the payment instrument linked to the PayPal account depends solely on PayPal. Once the crediting of the Total Amount Due to the PayPal account has been made, in no event shall Seller be liable for any damages, direct or indirect, caused by delays in the actual crediting attributable to PayPal or the banking system.
4.3.2. Data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the latter is not able to know and does not store in any way the data of the credit card linked to the Buyer’s PayPal account or the data of any other payment instrument connected with that account.
4.4. In order to ensure the security of payments made on the Site and to prevent possible fraud, the Seller reserves the right to ask the Buyer for additional information (e.g. landline phone number, cell phone number, front/back copy of a valid ID document) by email, fax or PEC. The request will specify the deadline by which the document must be received by the Seller. This period shall, in any case, not exceed 5 working days from the receipt of the request by the Buyer. Pending the required document, the order will be suspended. In the case of a request, the Buyer is obliged to send the required documents within the specified time. In the event that the Seller fails to receive such documents within the specified period or receives expired or invalid documents, the contract shall be deemed terminated pursuant to and for the purposes of Art. 1456 c.c. and the order consequently cancelled, without prejudice to Seller’s right to compensation for any damage it may have incurred as a result of Buyer’s non-compliant conduct. The termination of the contract, of which the Buyer will be notified by e-mail, within 6 working days after the deadline for sending the documents requested by the Seller, will result in the cancellation of the order and the refund of any Total Amount Due already paid by the Buyer. In the event that the Seller receives the required documentation within the specified period, the delivery terms applicable to the Product shall run from the date of receipt of the documentation.
4.5. Any refund to Buyer will be credited by one of the methods proposed by Seller and chosen by Buyer, in a timely manner and, in the event of exercise of the right of withdrawal, as governed by Art. 12 of these General Terms and Conditions, no later than 30 days from the date the Seller became aware of the withdrawal.
5. Time and mode of delivery
5.1. Delivery of the Products is made from Italy to the delivery address indicated by the Buyer in the order form. The Seller will deliver the selected and ordered Products, within 30 days from the date of the conclusion of the contract, in the manner indicated on the Site at the time of the offer of the good, as confirmed in the order confirmation and summary email.
5.2. Delivery may not be made outside the European Union as well as to P.O. boxes or post offices within the European Union. In the event that the delivery address is at a post office box or post office or in a non-EU country, the Seller will terminate the contract pursuant to and in accordance with Art. 1456 Civil Code and to the reimbursement of the Total Amount Due, if already paid. The delivery obligation shall be deemed fulfilled by the transfer of physical availability or otherwise control of the Products to Buyer. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall be transferred to Buyer when Buyer or a third party designated by Buyer and other than the carrier, takes physical possession of the Products.
5.3. Delivery time can vary from the same day of the order to a maximum of 30 working days after order confirmation. In the event that the Seller is unable to ship within the 30-day period, which is intended as an indication only, timely notice will be given to the Buyer by e-mail or telephone.
5.4. Delivery methods, times and costs are given and highlighted at https://www.filifolli.it/condizioni-di-vendita/
5.5. Delivery charges shall be borne by Buyer for purchases less than the amount indicated from time to time on the Site, in relation to the shipping address selected, under “Shipping > Shipping Cost”.
The amount (including VAT) of delivery charges, which may vary depending on the delivery method chosen by Buyer, will be expressly and separately stated in the order summary.
5.6 For each purchase made on the Site, the Seller shall issue an invoice in respect of the material shipped, sending it with the Products. The information provided by the Buyer when transmitting the order through the Site and which the Buyer warrants to be true shall be the basis for the issuance of the invoice.
5.7. The Buyer is advised to check at the time of delivery that the number of items/packages being delivered corresponds to what is indicated in the transport document; that the packaging is intact, not damaged, nor wet or otherwise altered; that the sealing materials (adhesive tape or plastic straps) have not been tampered with in any way. The Buyer is also requested, in its own interest, to immediately report any damage to the packaging or the mismatch in the number of packages by affixing “WRITTEN CONTROL RESERVE” and specifying the reason for the reservation (e.g., “punctured packaging,” “crushed packaging,” etc.) on the courier’s proof of delivery.
5.8. The Buyer acknowledges that collection of the ordered Product is his specific obligation under the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order form, after two unsuccessful delivery attempts, the package will go “into storage.” In the event that the Product is not picked up, Customer Service will contact the Buyer and attempt to reschedule the delivery.
5.9. In case of no response within 6 business days from the day Customer Service contacted Buyer or further failure to collect from Buyer, the contract shall be deemed terminated and the purchase order consequently cancelled pursuant to Art. 1456 c.c. and the Seller shall proceed to refund the total amount paid, if any, by the Buyer, less the costs of the unsuccessful delivery of the Product, the costs of returning the Product to the Seller, and any other costs that the Seller may have incurred as a result of the Buyer’s failure to collect the Product. The termination of the contract and the refund amount will be communicated to the Buyer by e-mail.
6. Prices
6.1. All sales prices of the Products displayed and indicated within the Site are in euros (€).
6.2. The sales prices, as mentioned in the preceding paragraph, are inclusive of VAT and any other taxes. Shipping costs and charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is placed by the Buyer and also contained on the web page summarizing the order placed.
6.3. The Seller reserves the right to change the price of the Products at any time, it being understood that the price charged to the Buyer shall be the price indicated on the Site at the time the order is placed and that no account shall be taken of any changes (upward or downward) subsequent to the transmission of the order.
7. Availability of the Products and information about them
7.1. The Seller’s computer system shall confirm in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the Buyer in accordance with Section 3.4. If an order exceeds the existing quantity in the warehouse, the Seller, by e-mail, will let the Buyer know whether the Product is no longer bookable or what the waiting time is to obtain the chosen Product, asking whether or not it intends to confirm the order.
7.2. The Seller will use its best efforts to ensure that the images of the Products posted on the Site, represent as accurately as possible the Products offered for sale. Product images on the Site, moreover, may differ in size or in relation to any accessory products. The colors of the products, however, may differ from the actual colors due to the settings of computer systems or computers used by users to view them. For the purposes of the purchase contract, the description of the Product contained in the order form submitted by the Buyer shall be authentic.
7.3. Depending on their nature, Products may have identification tags attached with disposable seal (e.g., clothing products and pantyhose).
8. Limitations of liability
8.1. The Seller assumes no liability for inefficiency attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
8.2. Seller shall not be liable to Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the Site.
8.3. The Seller shall also not be liable in respect of any damages, losses and costs suffered by the Buyer as a result of the non-performance of the contract for the sale and purchase of the Products due to causes not attributable to the Seller, the Buyer in such case having only the right to a refund of the Total Amount Due already paid.
8.4. The Seller assumes no liability for any fraudulent and unlawful use that may be made, by third parties, of credit cards and other means of payment, including telematic means, when paying for the Products, if the Seller proves that it has taken all possible precautions based on ordinary diligence.
9. Liability for defect, proof of damage and compensable damages: the obligations of the Seller
9.1. Pursuant to Articles 114 et seq. of the Consumer Code, the Seller is liable for the damage caused by defects in the Product sold if he fails to notify the injured party, within three months of the request, of the identity and domicile of the manufacturer or the person who supplied him with the good.
9.2. The above request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.
9.3. The Seller shall not be held liable for the consequences resulting from a defective Product if the defect is due to the Product’s conformity, to a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the Product into circulation, did not yet allow the Product to be considered defective.
9.4. No compensation will be due if the injured party was aware of the defect in the product and the danger arising from it and nevertheless voluntarily exposed himself to it.
9.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.
10. Guarantees and modes of assistance
10.1. All Products sold on the Site https://www.filifolli.it are covered by the Legal Guarantee of Conformity provided for in Articles 128-135 of Legislative Decree no. 206/2005 (“Consumer Code”) (“Legal Warranty”). The Legal Guarantee is for consumers only.
10.2. The Seller shall be liable for any lack of conformity that becomes apparent within two years after delivery of the goods. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.
10.3. For the purposes of this contract, the Products shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
(a) are suitable for the use for which goods of the same type are customarily used;
(b) conform to the description made by the seller;
(c) present the usual quality and performance of goods of the same kind, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on labeling;
(d) are also suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has also accepted by conclusive facts.
10.4. In any case, unless there is evidence to the contrary, defects in conformity that become apparent within six months of delivery of the goods are presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the goods or the nature of the defect in conformity.
10.5. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions set forth below, the repair or replacement of the Product purchased, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to Art. 130, paragraph 4, of the Consumer Code (Legislative Decree No. 206/2005).
10.6. The request must be made in writing, either by registered mail with return receipt or by certified electronic mail (PEC), to the Seller, who will indicate his willingness to act on the request, or the reasons preventing him from doing so, within seven working days of receipt. In the same communication, where the Seller has accepted the Buyer’s request, the Seller shall indicate how the Product is to be shipped or returned as well as the expected time frame for the return or replacement of the defective Product.
10.7. If repair and replacement are impossible or excessively burdensome, or the Seller has failed to repair or replace the Product within the time period referred to in the preceding paragraph, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the Buyer may, at its option, demand a reasonable reduction in price or termination of the contract. In such a case, the Buyer shall send his request to the Seller, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within seven working days of receipt. In the same communication, where the Seller has accepted the Buyer’s request, the Seller shall indicate the proposed price reduction or how the defective Product will be returned. It will be the Buyer’s burden in such cases to indicate how the sums previously paid to the Seller will be credited back.
10.8. Therefore, to be eligible for the Legal Warranty, the Buyer must first provide proof of the date of purchase and delivery of the Product. It is advisable, therefore, that the Buyer, for the purpose of such proof, retain the order receipt, delivery note, and any other document that can attest to the date the purchase was made (e.g., credit card statement or bank statement).
11. Obligations of the Purchaser
11.1. The Buyer agrees to pay the price of the purchased Product in the time and manner specified in the contract.
11.2. The Buyer agrees to take possession of the Product delivered to him.
11.3. The Buyer acknowledges that he/she has already reviewed and accepted the information contained in this contract, as this step is made mandatory prior to confirmation of purchase.
12. Right of withdrawal
12.1. The right of withdrawal can be activated with and without registration on the Site. In any case, the Buyer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the Product purchased, subject to the exceptions provided for in Art. 59 of the Consumer Code (Legislative Decree No. 206/2005).
12.2. In case the Buyer decides to make use of the right of withdrawal, he must access the “Orders” section reachable at the web address https://www.filifolli.en/my-account/orders/ choose the order with the product to be returned is use the appropriate “Make Return” button or submit any other explicit statement of his decision to withdraw from the contract (“Declaration of Withdrawal”) indicating the order number, the Product(s) for which he intends to exercise the right of withdrawal, his first and last name, his address and, if he wishes, the reason for which he wants to return the Product(s). The Declaration of Withdrawal must be completed in its entirety and must be sent to the Seller by e-mail to consumer@filifolli.it, or by registered mail with return receipt or by certified electronic mail (CEM).
12.3. Upon receipt of the return request, Seller’s Customer Service will, within 4 business days, notify Buyer with instructions on how to return the Product. The Product must be returned within 20 days from the date the Buyer notified the Seller of his decision to withdraw.
However, the right of withdrawal is subject to the following conditions:
- the substantial integrity of the Product is an essential condition for the exercise of the right of withdrawal. The Product must be cared for with normal diligence and returned undamaged, complete in all its parts, free of signs of wear and tear or dirt, must not have been used, worn, washed or damaged;
- The Product must be returned in the original packaging complete in all its parts (including the identification tag, which must still be attached to the products with the disposable seal, and undamaged bar code labels, they are an integral part of the product);
- In case of purchases of Products on promotion (e.g. 3×2, 4+1, multiple packs at special price, etc.) the withdrawal must be made for all Products on which the promotion was applied.
12.4. The Buyer may not exercise the right of withdrawal for contracts for the purchase of goods that are custom-made or clearly personalized or that, by their nature, cannot be returned or are liable to deteriorate or alter rapidly, sealed products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery as well as in any other case provided for in Art. 59 of the Consumer Code.
12.5. The only costs payable by the Buyer for the exercise of the right of withdrawal under this Article shall be the cost of returning the Product to the Seller (including transportation costs).
12.6. The Seller will refund the price paid by the purchaser in relation to the returned products, excluding the costs of returning the same, within a period of 30 (thirty) days from the regular return of the Products. To be entitled to a full refund of the price paid, the Products must be returned undamaged and complete in all its parts, free of signs of wear or dirt, must not have been used, worn, washed or damaged. The Product must be returned in the original packaging complete in all its parts (including the identification tag, which must still be attached to the products with the disposable seal, and undamaged bar code labels, they are an integral part of the product). ; in addition, the Buyer shall have fully paid the cost of returning the Products. In case of non-payment of the costs of returning the Products, the seller may refuse to receive the Products.
12.7. Upon receipt of the notice by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this Article.
13. Causes of termination
13.1. The bonds referred to in 11.1. and 11.2., assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes by the means set forth in Art. 4, have an essential character, so that by express agreement, failure to fulfill even one of these obligations, where not caused by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial pronouncement.
14. Protection of confidentiality and processing of Buyer’s data.
14.1. The Seller protects the privacy of its customers and guarantees that the processing of their data complies with the provisions of the regulations set forth in Leg. June 30, 2003, no. 196 and referred to in EU Regulation no. 679/2016).
14.2. Buyer is urged to carefully read the privacy policy on the Site at https://filifolli.it/privacy, which is to be considered an integral part of these Terms and Conditions.
15. Method of filing the contract
15.1. Seller informs Buyer that this contract may be printed or stored on Buyer’s own devices.
15.2 Pursuant to Art. 12 of Leg. 70/2003, the Seller informs the Buyer that every order sent is stored in digital form on the Seller’s own server, according to the criteria of confidentiality and security.
16. Communications and complaints
16.1. Written communications directed to the Seller and any complaints will be considered valid only where they are sent to the following email address: consumer@filifolli.it, or sent by certified electronic mail (PEC) to the following address info@pec.alber.it, or alternatively by completing the relevant form in the “Contact” section of the Site. The Buyer shall indicate on the registration form his or her residence or domicile, telephone number or e-mail address to which he or she wishes communications from the Seller to be sent.
17. Jurisdiction
17.1. For all disputes arising out of this contract, the place of jurisdiction shall be that of Buyer’s place of residence or elective domicile, mandatory under Art. 33, paragraph 2, letter u) Consumer Code.
18. Applicable law and referral
18.1. This contract is governed by Italian law.
18.2. For matters not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply.
19 Contract language and legal validity
19.1. These Terms and Conditions are written in both Italian and English.
19.2. In case of contradictions or questions of interpretation between the two language versions, only the Italian version will prevail and be legally binding.
19.3. For all legal purposes, only the Italian text of these General Conditions is binding.
