Terms and conditions of sale
[updated to 01/07/2019] De Fonseca S.p.a. (hereafter “De Fonseca”), based in Via Caselle, no. 63, 10040 – Leinì (TO), VAT no. 08210280015 and Tax Code 13005000156, registered at the Companies Register of Turin with number 954207, is the owner of the website https://www.defonseca.com/ (hereafter, the “Website”).
1. Acceptance of general terms of sale
1.1. The contract entered into between De Fonseca and the Customer is finalised upon the acceptance, even just partial, of the order by De Fonseca. By making an order by the various available methods, the Customer declares to have read all instructions provided in this document and/or during the purchase process, and to accept in full the general terms and the payment terms indicated below.
1.2. If the Customer is a consumer (namely a natural person purchasing the Product for purposes not referable to his/her professional activity who does not indicate any VAT number when making the purchase, as defined in Art. 3, paragraph 1, letter a) of the Consumer Code - hereafter, the “Consumer”), when sending the Order Confirmation (as defined below), De Fonseca will also send to you by email, together with the confirmation notice, the link to these Terms of Sale which you should print or save and in any case retain, in respect of the contents of the current Consumer Code on distance sales.
1.3. Any right of the Customer to compensation for damages or indemnity, along with any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the lack of acceptance by De Fonseca, even partial, of an order is excluded.
2. Purchase method
2.1. The Customer may purchase only the products shown in the online catalogue when sending the order and displayed online on the Website, as described in detail in the respective product specifications (the “Product”). The image that accompanies the description of a Product may not be perfectly and fully representative of its characteristics and may differ by colour or size, or by the products and accessories shown in the image. All information provided in support of the purchase is considered simple generic informative material and does not refer to the actual characteristics of an individual Product. The Customer may at any time request further information using the contact details indicated in Art. 11 below.
2.2. De Fonseca will confirm correct receipt of the order by sending an email response to the email address communicated by the Customer (hereafter, the “Order Confirmation”). The Order Confirmation will indicate, in addition to the link to these Terms of Sale as referred to in Art. 1.2 above, the date and time of execution of the order and a ‘Customer Order Number’, to be used in any further communication with De Fonseca. The message will summarise all details entered by the Customer, who undertakes to check that they are correct and to communicate any corrections promptly, by the methods described in this document.
3. Credit card payment
3.1. When purchasing the Product by credit card, at the same time as the online transaction, your bank will charge the amount for the purchase, without the need for further authorisations and in line with the technical timescales of the relevant banking system.
3.2. If the order is cancelled, both by the Customer and if the same is not accepted by De Fonseca, the latter will, without delay, request that the transaction be cancelled and the amount charged be refunded. The refund timescales, for some types of card, depend exclusively on the banking system and may go as far as their natural expiry. Once the transaction has been cancelled, the Customer expressly recognises and accepts that De Fonseca may not, in any case, be held liable for any direct or indirect damages caused by a delay in the release of the charged amount by the banking system.
3.3. De Fonseca reserves the right to request from the Customer additional information (e.g. identification document) or the transmission of a copy of documents proving ownership of the card used. In the absence of the requested documentation, De Fonseca reserves the right not to accept the order.
3.4. De Fonseca does not have access, at any stage of the purchase process, to the purchaser's credit card details, which are sent via protected connection directly to the website of the bank that manages the transaction. Those data will not be stored by any electronic archive of De Fonseca. De Fonseca may not, therefore, be held liable for any fraudulent or undue use of the credit card by third parties, at the time of payment for the Product.
4. PayPal payment
4.1. When purchasing the Product by the PayPal payment method, at the same time as concluding the online transaction, PayPal will immediately charge the amount for the purchase made.
4.2. If the order is cancelled, both by the Customer and if the same is not accepted by De Fonseca, at the same time as the cancellation, the amount relating to the cancelled order will be credited back to the Customer's PayPal account. The timescales for the credit to the chosen payment instrument in the PayPal account depend exclusively on PayPal and on the banking system. Once the amount has been credited back to the PayPal account, De Fonseca may not, in any case, be held liable for any direct or indirect damages caused by delays in the actual refund caused by PayPal or by the banking system.
4.3. De Fonseca reserves the right to request from the Customer additional information (e.g. landline telephone number) with a view to determining the actual ownership of the PayPal account. In the absence of the requested documentation, De Fonseca reserves the right not to accept the order.
4.4. De Fonseca does not have access, at any stage of the purchase process, to the purchaser's credit card or PayPal details. De Fonseca may not, therefore, be held liable for any fraudulent or undue use of the credit card by third parties, at the time of payment for the purchased products.
5. Delivery methods and costs
5.2. The shipping costs are borne by the Customer. The payment of the Product by the Customer will be made using the method chosen at the time of the order. Nothing further is due from the Customer with respect to the order total.
5.3. De Fonseca will not be liable in the event of a delay in processing the order or in shipping what has been ordered. De Fonseca does not make shipments during the August bank holiday week (known as Ferragosto) (from the Saturday before 15 August to the following Sunday), during Christmas holidays (from the Saturday before 25 December to the Sunday after 6 January) and on the day of 10 August. In any case, if the Customer is a Consumer, De Fonseca undertakes to deliver the goods to the Customer without delay and at the latest within thirty days from the date of finalising the contract as envisaged by Art. 61, paragraph 1 of the Consumer Code.
5.4. De Fonseca will ship the Product via a guaranteed, certified and personalised postal shipment service for the Product. The delivery is understood to be made at street level unless:
- a communication to the contrary is received from our customer services;
- the product technical specifications envisage otherwise;
- the Customer has purchased the explicit delivery to the particular floor, if available.
5.5. Upon receipt of the Product, the Customer must check:
- that the number of delivered Products corresponds to what is indicated in the transportation document sent in advance by e-mail;
- that the packaging is intact, undamaged, not wet or otherwise altered, also with regard to the closing materials (tape or metal straps).
5.6. Any damages to the packaging and/or to the Product or lack of correspondence of the number of Products or the indications must be disputed immediately, affixing the wording “Written Reserve of Control” (specifying the reason for the reserve, e.g. "damaged packaging", "squashed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer may no longer make any dispute regarding the external characteristics of the order.
6. Right of withdrawal
6.1. In accordance with the Consumer Code, if the Customer is a Consumer, he/she has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to what is indicated in the points below.
6.2. The Customer has the right to withdraw from the contract within 14 days. The period for exercising the right of withdrawal expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
6.3. To exercise the right of withdrawal, the Customer must inform De Fonseca, using the contact details indicated in Art. 11 below, of his/her decision to withdraw from this contract by way of an explicit declaration (for example, a letter sent by post, fax or email). To that end, the Customer may use the standard withdrawal form which can be downloaded at the following address (it is not mandatory to use that form).
6.4. To respect the withdrawal term, the Customer merely needs to send the communication regarding the exercise of the right of withdrawal prior to the expiry of the withdrawal period.
6.5. If the Customer withdraws from this contract, De Fonseca will refund to the Customer all payments made by him/her to De Fonseca until the time of withdrawal, including delivery costs (except for supplementary costs resulting from the Customer's choice of a delivery type other than the cheapest standard delivery offered by De Fonseca), without undue delay and in any case not beyond 14 days from the day on which De Fonseca was informed of the Customer's decision to withdraw from this contract. Those refunds will be made via the same payment method used by the Customer for the initial transaction, except where the Customer has expressly agreed otherwise; in any case, De Fonseca guarantees that the Customer will not incur any cost as a consequence of that refund.
6.6. The Customer recognises and expressly accepts that De Fonseca will have the right to suspend the aforementioned refund until the goods are received or until the Customer has demonstrated that he/she has returned the goods, if before.
6.7. The Customer must return the goods or deliver them to De Fonseca without undue delay and in any case within 14 days from the day on which he/she informed De Fonseca of the intention to withdraw from this contract.
6.8. The goods must be returned intact, complete with all their parts and in the original packaging (bags and tags), stored and used according to normal diligence, with no signs of wear or dirt, in respect of the conditions indicated in Articles 6.9 and 6.10 below. As envisaged by Art. 57, paragraph 2 of the Consumer Code, the Customer will be liable for any reduction in value of the goods as a result of tampering with the same other than anything necessary to establish the nature, characteristics and functioning of the goods.
6.9. The right of withdrawal is in any case subject to the following conditions:
- the right applies to the purchased product in its entirety and may not be exercised for part of the purchased product;
- in accordance with the law, the shipping costs for returning the goods are paid by the Customer. The costs of returning the Products will be paid by the Customer;
- the shipment, until the certification of receipt in the warehouse by De Fonseca, is made under the complete responsibility of the Customer;
- if the goods are damaged during transportation, De Fonseca will inform the Customer of the event (within 5 working days from receiving the goods in its warehouses), to allow him/her to lodge a prompt complaint with the courier chosen by him/her and to obtain a reimbursement for the value of the goods (if insured); in this case, the product will be made available to the Customer for its return, at the same time as cancelling the request for withdrawal;
- De Fonseca may not be held liable in any way for damage or theft/loss of goods returned through uninsured shipments;
6.10. Without prejudice to the provisions of these conditions and Art. 57, paragraph 2 of the Consumer Code, De Fonseca will refund to the Customer the full amount already paid via the reversal process of the amount charged to the credit card or by bank transfer. In the latter case, the Customer must promptly provide the bank details with IBAN code to which the refund will be sent (bank account of the invoice addressee).
7.1. All products sold by De Fonseca are covered by the 24 month guarantee for defects of conformity, in accordance with the Consumer Code. To obtain the assistance under guarantee, the Customer must retain the invoice (if issued by De Fonseca having been requested by the Customer when making the order) and/or the receipt which he/she will receive by e-mail in .pdf electronic format.
7.2. The 24 month guarantee of conformity is subject to the rules indicated in Articles 128 to 132 of the Consumer Code. That guarantee applies to any Product that presents a defect of conformity with the contract and therefore in the case of a manufacturing defect or original design defect, provided that the Product itself is used correctly, in respect of its intended use and the contents of any attached documentation. By way of example and without limitation, the guarantee of conformity does not apply in the case of normal wear of the Product, inappropriate use of the Product, failure to respect the maintenance rules of the Product and damage caused by transportation or storage of the Product.
7.3. That guarantee is reserved to the Consumer. In the event of a defect of conformity, De Fonseca will, at no cost to the Customer, restore the conformity of the Product by way of repair/replacement or price reduction, up to the termination of the contract. If, following the intervention by De Fonseca, the defect is found not to be a defect of conformity in accordance with the Consumer Code, the Customer will be charged any costs of inspection and restoration, along with transportation costs, if incurred by De Fonseca.
7.4. If, for any reason, De Fonseca is unable to provide to the Customer a Product under guarantee (restored or replaced), it may, at its discretion, return the amount paid, taking account of the use of the good, or replace it with a Product having the same or superior characteristics.
7.5. If the application of the guarantee involves the return of the Product, the good must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessories); in order to limit the damage to the original packaging, it should be placed in a second box. The affixing of labels or tape directly on the original packaging of the Product should be avoided.
8. Force majeure, catastrophic events and acts of God
8.1. De Fonseca may not be held liable towards the Customer for any delays or non-fulfilments of its obligations if the delays or non-fulfilments derive from Force Majeure Events (as defined below), provided that it:
- promptly notifies the Customer in writing and without delay, where possible, of the cause of the delay or non-fulfilment and indicates the presumed duration of the delay or the extent and type of the non-fulfilment; and
- does everything reasonably necessary to limit the adverse effects of the delay or non-fulfilment on the other party.
8.2. By way of example and without limitation, in accordance with and for the effects of these Terms, the following are considered Force Majeure Events: lockouts, strikes, absolute absence of means of transport, war, revolts or other military action, floods, fires, lightning strikes, explosions, incidents, interruptions of electricity, cyber attacks, illegal theft of data and interruptions, malfunctioning or surges of telephone or internet lines or any other event beyond the reasonable control of De Fonseca that prevents the complete and correct fulfilment of the obligations envisaged by the contract for that party.
9. Intellectual and industrial property rights
9.1. De Fonseca notes that the Website, along with all trademarks and distinctive signs used by De Fonseca in relation to the sale of the Product, is protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Website, trademarks and distinctive signs used by De Fonseca (such as, by way of example, works, images, photographs, designs, dialogues, presentations, music, sounds, videos, graphics, colours, functions and design of the Website) is prohibited.
10.1. The personal data requested when sending the order are collected and processed in order to satisfy the express requests of the Customer and will not in any case or for any reason be transferred to third parties. De Fonseca guarantees to its customers respect of the personal data processing legislation, governed by Regulation EU 2016/679.
10.3. The data controller is: De Fonseca S.p.a., based in Via Caselle, no. 63, 10040 - Leinì (TO), VAT no. 08210280015 and Tax Code 13005000156, registered at the Companies Register of Turin with number 954207.
11. Information and Complaints
11.1. Any complaint must be sent to De Fonseca using the following contact details: De Fonseca S.p.a., Via Caselle, no. 63, 10040 – Leinì (TO), Email: email@example.com.
12. Applicable law
12.1. The sale contract between the Customer and De Fonseca is understood to be finalised in Italy and is regulated by Italian Law. Any dispute deriving from the conclusion of these Terms of Distance Sale, if the Customer is a Consumer, will be resolved under the jurisdiction of the local court in his/her municipality of residence; in all other cases, territorial jurisdiction is held exclusively by the Court of Turin, with the exclusion of any competing or alternative courts.