Terms and Conditions
we inform you that the general terms of sale, below, indicate, in accordance with the applicable regulations to protect the consumer, the conditions and how to proceed to purchase online on the site www.fama3d.com, now called Seller, the products of your interest in a safe, easy and convenient way. Therefore, we encourage you to read and accept the below conditions in order to proceed with the purchase.
These general sales conditions govern the sale of products marketed by the Seller to consumers and users acting for business purposes.
These general conditions are effective from the date of the customer’s acceptance of them on the website, which is valid as full acceptance according with art. 1341 of the Civil Code.
The company reserves the right to change these general sales conditions at any time by reporting them on the website.
Any contractual or non-contractual responsibility of the company for direct or indirect damages to persons and/or property caused by non-acceptance, even partial, of an order is excluded.
II. BUY MODE
The purchase of the products is made through access to the site and account registration. For each product, a description containing the main features of the article is available on the website. Any information supporting the purchase is to be considered as simple general information material.
It is understood that the image accompanying the description of the product may not be perfectly representative of its characteristics, but could differ in color, size, accessory products present in the figure. The correct receipt of the order is confirmed by the Seller through an automatic e-mail reply, sent to the e-mail address communicated by the customer at the time of registration. This confirmation message will carry an “order number” to be used for any communication with the company. The message will report all the data entered by the customer who is committed to verifying the correctness and communicating any corrections in a timely manner.
In the case of non-acceptance of the order, the seller ensures timely communication to the customer.
III. PAYMENT MODE
All prices on the site are to be understood prices to the public and, therefore, including VAT.
Prices may vary without notice and the only correct price is to be understood the one indicated at the time of the order confirmation.
On certain products, subject to price promotions, the seller reserves the right to accept orders reducing the quantity, after communication and acceptance of the variation by the customer, in defect of which the order will have to be considered cancelled.
In cases of purchase of the goods with a “credit card” payment method, at the same time as the conclusion of the online transaction, the reference bank will authorize only the commitment of the amount related to the purchase made. The amount related to the processed goods, even partially, will actually be charged to the customer’s credit card only when the material ordered is delivered to the courier.
For more information or for support you can contact the seller or the customer support team directly at the phone number in the indicated working time, the cost of the phone call is 12 cents per minute from the landline and variable depending on the operator from the mobile phones.
The shipping of the goods is made only after the acceptance of the order and the receipt of the payment.
In the event of an cancellation of the order, both by the customer or in case of non-acceptance by the seller, the cancellation of the same and the release of the committed amount will be carried on (the release times depend exclusively on the banking system). After cancelling the transaction, the seller cannot be considered responsible for any damages resulting from the release of the committed amount by the banking system.
The seller reserves the right to request supplementary documents to the customer proving the ownership of the credit card. In the absence of submission of documentation, the seller reserves the right to not accept the order.
Transaction security is guaranteed by a data encryption system (SSL) and direct, secure, and certified links.
For each order placed, the seller issues a sales document of the shipped material. for the issuance of the invoice the reference are the information provided by the customer at the time of the order. The customer can request a copy of the invoice or tax receipt within three months of the issue.
The delivery costs are at customer’s charge and are indicated when the order is made.
No liability can be attributed to the seller in case of delay in fulfilling the order or in the delivery of what is ordered. At the time of delivery, the customer is required to check:
– that the packaging is intact, damaged, nor wet, or otherwise altered;
– that the number of packages matches what is indicated in the shipping documet.
Any damage to the product or packaging or the mismatch of the claims, must be immediately comunicated to the courier by placing a WRITTEN RESERVE OF CONTROL, on the courier’s delivery test. Once the courier’s document has been signed, the customer will not be able to claim for any of the external characteristics of what is delivered.
In the case of non-collection within 5 working days of the material in storage at the warehouses of the courier due to repeated impossibility of delivery to the delivery indicated by the customer at the time of the order, the order will be canceled.
The online customer acting as a consumer is granted the right to withdraw from the contract, as provided for by Articles. 64 – 67 of the D.Lgs. 206/2005, known as the Code of Consumption.
It should be noted that this right is reserved only for individuals, i.e. those private consumers who act for purposes unrelated to their profession. There is no right of withdrawal for legal and physical entities acting, in reference to the purchase agreement, in the professional sphere.
Under article 64 of the Consumer Code, the consumer has the right, within 14 days of the receipt of the purchased products, to exercise the right of withdrawal, consisting in the possibility of returning the products received and obtaining a refund of the price paid, without penalty and without the need to specify the reason.
This right applies to all products purchased online on this site, excluding audiovisual or computer software products delivered sealed and subsequently opened by the customer.
The cost of returning the product is borne by the consumer.
The right of withdrawal expires completely if the returned product is not intact, for example, because of the absence, for example, of the product’s integral elements (accessories, cables, instruction manuals, etc.) or because the product has suffered damage for causes other than transport from the Seller to the consumer, which has not been previously reported.
Without restrictions on the right of withdrawal, the consumer, who has reason to believe that the product itself was damaged during transport, must refuse delivery or accept it with express reservation when the product is delivered.
Each collection of intact packages must be carried out by the customer by affixing the words “UNDAMAGED PACKAGING, COLLECTION WITH CONTENT CONTROL RESERVE” on the appropriate accompanying document (art. 1698 Civil Code). Each anomaly must then be communicated within eight days in the following ways:
Recommended A/R at the following address:
Via Cristoforo Colombo 90
21054 FAGNANO OLONA ITALY
Procedure for exercising theright of withdrawal
In order to exercise the right of withdrawal, it is necessary to send, within 14 calendar days from the receipt of the purchased product, a notice in which it is clearly expressed a willingness to withdraw from the purchase agreement.
This communication must be sent, by letter recommended with receipt notice, to the following address:
Via Cristoforo Colombo 90
21054 FAGNANO OLONA ITALY
The communication can be sent, within the same period, also by telegram (at the above address).
The consumer will then have to provide, using a courier of his choice, the shipment of the product (if possible in the original packaging and, in any case, always carefully packed) and complete with each accessory, instruction manuals and everything originally contained.
The consumer must make such shipment within ten business days from the date on which he sent the notice of the exercise of the right of withdrawal.
The transport costs and liability of the goods during shipping, as required by law, are borne by the consumer.
It is therefore recommended to insure the product with the chosen courier, taking care to carefully pack the goods, where possible by placing the original packaging in an external box and, in any case, avoiding damaging the product with adhesive tapes, labels, etc. The product must be returned intact and complete with all its parts and accessories, including any guarantees, instructions, use licenses, cables, etc. In the event of transport damage during the return, the Seller will notify the consumer within five working days of receipt of the product, allowing the consumer to complain to the courier used for the transport. The damaged goods will be made available for return and the withdrawal request will be cancelled at the same time.
Except as for the case of partial withdrawal, the Seller will reimburse, within 14 days of the purchaser’s knowledge of the right to withdraw, the full amount of the purchase and the transport costs for delivery, by reversing the credit card or by bank transfer to the current account indicated by the consumer; Transport costs for the return of the product remain at the expense of the latter.
If the withdrawal is partial (i.e. only a part of products delivered with a single delivery), the reimbursement of the shipping costs incurred by the consumer for the delivery of the products at the time of purchase is excluded.
For purchases with pick-up at a Seller’s store, the right of withdrawal is not applicable because it cannot be considered a distance sale. In that case, the consumer only booked the product over the Internet, but has not yet purchased it and will have to go to the store to do this.
Request of Order Cancellation
The purchase order can be cancelled in full if, at the time of the cancellation request, the shipment of the product is still being prepared and, in any case, if the amount has not yet been collected; in this case, the customer will not be charged.
If, at the time of the request for the cancellation of the purchase order, the product is already delivered to the courier or, in any case, the amount has been collected, the consumer must exercise the right of withdrawal and send the goods back to the Seller.
To do this, you must follow the procedures above for the exercise of the right of withdrawal.
- The products purchased are always accompanied by a legal guarantee that covers the defects of production and compliance (e.g. malfunctions, failures and breakdowns resulting from normal use, defects of the good) of the products themselves for 24 months from the date of delivery of the Product.
- The legal guarantee cannot be enforced by those who purchased the products as part of their business or professional activities, indicating their VAT number.
- The legal guarantee entitles you to request from the seller:
- At consumer’s choice, the repair or replacement of the property, without charge, except if that solution is not impossible or excessively expansive compared with the alternative, considering: the extent of the possible defect, the value of the product without defects and that the alternative could be implemented while avoiding significant inconvenience to the customer;
- If the repair or replacement is impossible, excessively expensive, or belated or has significant inconveniences for the customer and is not effective in solving the problem, the customer has the right to ask for a reduction in the price or the termination of the contract. When determining the amount of the reduction or the sum to be returned, the use of the product must be considered. In any case, for minor defects of the product that has not been possible to repair or replace, no contract could be terminated.
- The seller repairs or replaces the product within a maximum of 60 days of delivery to the store, excluding the time it takes to procure spare parts that are not immediately available.
- In order to enforce the guarantee, the customer must by law:
- store and display the purchase receipt;
- denounce the vice within two months of its discovery;
The sales contract between the customer and the seller is understood to have been concluded in Italy and regulated by Italian law.
Although not otherwise established, the Italian law on the subject applies. For the resolution of civil and criminal disputes arising from the conclusion of this remote selling agreement, if the customer is a physical person that buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order a VAT match reference, the territorial competence is that of the Reference site of his municipality of residence; In all other cases, the territorial jurisdiction is only the one applicated in the Seller’s headquarters.