This is an unofficial and courtesy translation into English of the Italian version of the ” Condizioni Generali di Vendita e-Commerce”. This translation was carried out by FK GROUP SPA for the exclusive purpose of facilitating reading by potential customers in English. FK GROUP SPA does not assume or accept any responsibility for the correctness of the translation itself.The text in Italian will prevail in the event of any divergence with, or omitted from, the English translation.
General Terms and Conditions of e-Commerce
General Terms and Conditions of Sale
1.1 The object of these General Terms and Conditions of Sale is the sale of products online via the e-commerce service on the site www.fkgroup.com/shop. In view of the number of products made available, their main characteristics and prices (including any additional costs) are indicated directly on the site.
1.2 The products sold on the site can only be purchased and delivered in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by the company FK GROUP SPA, with registered office in Italy, Via Friuli 21 – 20044 – Dalmine (BG), Bergamo Business Register number BG-192031 – Tax code and VAT number 00934520164 (hereinafter referred to as the Seller).
- For any enquiries, please contact the e-Commerce Department of FK GROUP SPA:
- by e-mail at the following address: firstname.lastname@example.org
- by phone at the following address: +39 035 565633
- by mail to the following address: FK GROUP SPA – E-Commerce: Via Friuli 21 – 24044 – Dalmine (BG), Italy.
2.2 These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on the website www.fkgroup.com/shop and do not govern the provision of services or the sale of products by parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when filling in and sending the Order Form in electronic format with simultaneous acceptance of these General Sales Conditions.
2.4 The products offered on the website www.fkgroup.com/shop are intended for entities with legal personality and VAT number.
2.5 The Customer is prohibited from using false and/or invented and/or fictitious names in the on-line order procedure and in any further communication.
2.6 With the acceptance of these Conditions of Sale by the Customer, the Seller is exonerated from any liability deriving from the issue of incorrect tax documents due to errors in the data provided by the Customer when placing the order online.
- Sale through an e-commerce service
3.1 An online sales contract is a distance contract for the sale of movable goods (hereafter referred to as Products), stipulated between the Customer and FK GROUP SPA, in its capacity as Seller, within an e-commerce service organized by the Seller that, for this purpose, uses the remote communication technology known as Internet.
3.2 In order to conclude the purchase contract for one or more Products, the Customer shall fill in the Order Form in electronic format (hereinafter the Order) and send it to the Seller through the Internet, following the relevant instructions.
3.3 The Order shall contain
- the declaration of knowledge and acceptance of the Conditions of Sale;
- an indication of the Products to be purchased and their prices;
- the means of payment proposed
- the method of delivery of the Products purchased and the relevant shipping and delivery costs;
- a reference to the conditions for exercising the right of withdrawal;
- the modalities and times of eventual return of the purchased products.
3.4 Although FKGROUP SPA constantly adopts measures to ensure that the photographs shown on the website are faithful reproductions of the original products, including the adoption of every possible technological solution to reduce inaccuracies to a minimum, some variations are always possible due to the technical characteristics and colour resolution features of the computer used. Consequently, the Seller shall not be held liable for any inadequacy of the graphic representations of products shown on the site if this is due to the aforementioned technical reasons, since these representations have an illustrative function only.
3.5 Before concluding the contract, confirmation will be requested of knowledge of the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives the Order Form and, after checking the correctness of the order data, communicates the relevant confirmation.
3.7 The language available to conclude the contract with the Seller is Italian and the applicable law is Italian law.
3.8 Once the contract is concluded, the Seller will take charge of the Order for its execution.
3.9 The purchase of customized products, if accepted by the Seller, shall be expressly regulated.
- Processing the Order
4.1 By transmitting the Order through the internet, the Customer unconditionally accepts the General Conditions of Sale.
4.2 The Seller will send, by e-mail, the Order Confirmation containing a summary of the information already contained in the Order.
4.3 The Seller reserves the right, before sending the Order Confirmation, to request further information regarding the Order by e-mail.
4.4 The Seller may not process purchase orders that are incomplete or incorrect, or if the products are not available. In these cases, FK GROUP SPA will inform by e-mail that the contract is not concluded and that the Seller has not carried out the Order, specifying the reasons. In this case, the sum committed to the Customer’s means of payment will be released.
4.5 If the products are no longer available or on sale after the Order has been sent, the Seller will communicate such unavailability promptly and in any case within thirty (30) working days starting from the day after the day transmitted by the Client to the Seller. In this case, the sum previously committed to the Customer’s means of payment will be released.
4.6 The Seller undertakes to ship the products ordered to the Customer within and no later than 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Seller through the online sales service can concern one or more products.
4.8 FK GROUP SPA reserves the right to refuse orders coming from a Customer with whom a dispute and/or dispute regarding a previous order is in progress. This applies equally to all cases in which FK GROUP SPA considers the customer unsuitable, including, by way of example, the case of previous breaches of contractual conditions for online purchases on the site.
- Sales Prices
5.1 Unless otherwise specified in writing, all prices of the Products and shipping costs indicated on the website and in the Order are to be considered exclusive of VAT and expressed in Euros. The validity of the prices indicated is always and only that indicated on the website at the time the Order is transmitted through the Internet. The prices of the Products and shipping costs may vary without prior notice. The Customer must therefore ascertain the final sale price before placing the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and shipping costs indicated on the website and in the Order, unless otherwise specified, are not to be considered inclusive of any costs connected to customs duties and relevant taxes, which cannot be calculated in advance, if the shipment takes place in non-EU countries or in countries in which the regulations in force provide for import charges. In this case, the existence of any further costs will be mentioned when placing the Order.
5.3 These costs are therefore borne by the Customer and shall be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.
- Methods of payment
For payment of the price of the Products and the relative shipping costs, one of the methods indicated in the Order Form on the www.fkgroup.com/shop website must be followed, which are summarized below.
6.1 Credit cards and prepaid cards.
- 6.1.1 For online orders on the FK GROUP SPA website, both credit card and prepaid card (e.g. PostePay) payments are accepted without any additional charge on the cost of the product and shipping. It is understood that the name on the credit card must be the same as that indicated on the invoice data. If this is not the case, it will not be possible to proceed with the order.
- 6.1.2 At the time of the online purchase, at the same time as the Order Confirmation, the bank of reference will only commit the amount related to the Order from the availability on the credit card. The amount will actually be charged to the credit card only at the time of shipment of the purchased products.
- 6.1.3 If, once the Customer has received the Products ordered, he intends to exercise his right to withdraw, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly to the Customer’s credit card, or to the other card used at the time of purchase.
If a Paypal account is available, it shall be possible to make payments directly using the e-mail address and password used by the Customer to register on www.paypal.com.
6.3 At no time during the purchase procedure is FK GROUP SPA able to know the information related to the credit card used by the Customer (for example, the credit card number or the date of its expiration) transmitted via secure connection with encrypted protocol directly to the website of the party handling the electronic payment (banking institution or Paypal). No computer file of the Seller shall retain such data.
6.4 Under no circumstances, therefore, may the Seller be held liable for any fraudulent or undue use of credit and prepaid cards by third parties, as everything is managed by subjects outside of the Seller.
- Shipping and delivery of products
7.1 Each shipment contains:
- the ordered product(s);
- the relevant transport document/accompanying invoice;
- any accompanying documentation required depending on the country of shipment;
- any information and marketing material.
7.2 Delivery will be made to the Customer’s domicile.
- 7.2.1 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order.
- 7.2.2 Upon receipt of the goods at the Customer’s domicile, the Customer must check the integrity of the packages at the time of delivery by the courier. In the event of anomalies, the Customer must have the courier detect and note them exactly and reject the delivery. Otherwise, the possibility of asserting rights in this respect shall be lost.
- Right of Withdrawal
8.1 Only if the Customer who enters into the contract is a Consumer (meaning any natural person who acts on the website for purposes other than his/her business or professional activity), he/she shall have the right to withdraw from the contract entered into with the Seller, without any penalty and without specifying the reason, by notifying the Seller within 14 (fourteen) days, starting from the day on which the Customer or a third party, designated by the Customer and different from the courier, acquires physical possession of the goods. The deadline is deemed to be met if the Customer returns the goods before the expiry of the 14-day period.
8.2 The right of withdrawal is exercised in the following ways:
- 8.2.1 If the Customer is a registered user, he/she shall access after authentication by means of username and password the “Login” section of the website. In the “Orders” section, the customer will be able to view each order within which there is a link to activate the return procedure. By accessing the Online Return Form within the term of 14 (fourteen) days from the day of receipt of the Products, the Customer may communicate the wish to withdraw from the contract, indicating which Products will be returned. When filling out the Online Return Form, the Customer will receive all the information necessary to return the Products.
- 8.2.2 As an alternative to the above, the Customer may also submit any other explicit declaration of his wish to exercise the right of withdrawal by completing the Withdrawal Form pursuant to Annex I, part B of Legislative Decree 21/2014, which must be sent to the Seller by registered letter with return receipt.
8.3 The right of withdrawal is subject to the following conditions:
- the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
- the returned Products must not have been used or damaged and must not bear any signs of use;
- the returned Products must be returned as received, complete with all accessories and labels;
- the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
- the returned Products must be handed over to the carrier within 14 (fourteen) days from the date of receipt;
- in the event that the Seller, in exchange for the purchase of a specific package of Products, offers the possibility to purchase them at a lower price than the price that would normally be charged when purchasing them individually (e.g. 5×4, 3×2 etc.), the right of withdrawal may also be exercised by returning only some of the products purchased: in this case the price will be recalculated taking as reference the price normally charged for the purchase of the individual product. In all other cases (e.g. combined sales, prize operations, etc.) the right to withdraw may be exercised only by returning all the Products purchased, therefore excluding any partial return.
8.4 If the right of withdrawal is exercised in accordance with the above conditions (paragraph 8.3), the Seller is required to refund the sums paid within and no later than 14 days from the day on which the Customer was informed by the same of the decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods or that proof is provided to the Seller that the goods have already been shipped. The Seller will use the same means of payment for the re-credit as the one used by the Customer for the purchase, unless the Customer explicitly asks the Seller to use a different means and the latter agrees.
8.5 In case of withdrawal, the only costs borne by the Customer will be those related to the return shipment of the purchased products.
8.6 If the Customer exercises his right of withdrawal without following the above-mentioned procedures (e.g. after the 14 days provided for by law, or without having filled in the Online Return Form, or without respecting the conditions set out in point 8.3 above, etc.), FK GROUP SPA will promptly inform the Customer that the withdrawal is not accepted due to the failure to comply with the procedures set out above, and the Customer cannot return the Products purchased.
8.7 The Right to Withdraw cannot be applied in the case of personalized products, which are explicitly requested by the Customer when placing the Order.
- Warranty of non-conforming products
9.1 The Seller is liable for any defect of the products offered on the website, including the non-conformity of the items to the products ordered, pursuant to the provisions of Italian law.
9.2 The duration of the warranty is 1 year from the time of delivery of the goods. The guarantee is valid on condition that the following provisions are respected
- the Customer submits a formal complaint regarding the defects within a maximum of 1 month from the date on which the defect was recognized by the Customer, unless this is contrary to prevailing mandatory rules of the Customer’s country of habitual residence;
- the Customer completes the Online Return Form correctly.
9.3 In particular, in the event of non-conformity, the Customer who has entered into the contract as a Consumer shall be entitled to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain a price reduction or the termination of the contract in relation to the disputed goods (and the consequent refund of the price).
9.4 All return costs for defective products shall be borne by the Seller.
For any information request, the FK GROUP SPA e-Commerce team can be contacted at the following email address: email@example.com.
- Customer communications
The customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, referring to the purchase of Products, will be sent to the email address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided for by the Site.
- Applicable law, settlement of disputes and jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and will be interpreted in accordance with it, unless otherwise provided for by the prevailing mandatory rules of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law (without prejudice to any other prevailing mandatory rules of the Customer’s country of habitual residence) and any disputes arising from and/or in connection with them shall be settled exclusively by the Italian courts, as further specified below. In particular, if the Customer is a Consumer, any disputes shall be resolved by the Court of the place of domicile or residence of the same on the basis of the applicable law or, at the choice of the consumer in the event of action taken by the consumer, by the Court of Bergamo. If, on the other hand, the Customer acts in the exercise of his own entrepreneurial, commercial, handicraft or professional activity, the parties mutually establish the exclusive jurisdiction of the Court of Bergamo.
- Modification and updating
The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer shall be required to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase. The new General Conditions of Sale shall be effective from the date of publication on the website www.fkgroup.com/shop and in relation to purchase orders submitted after that date.