The present conditions are related to products sold online by Ferranti srl unipersonale company. The contract stipulated between Ferranti and the Customer must be considered concluded with the acceptance, even partial, of the order by Ferranti srl, which reserves the right, at its sole discretion, to accept the order. By placing an order the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions transcribed below.
Ferranti srl reserves the right to modify the technical information or make changes and improvements to the products, without prior notice. It is understood that the picture accompanying a product description sheet may not be perfectly representative and that all information is intended as generic information material. For modular articles assembled in series, a price reduction is foreseen.
The goods object of the present general conditions are offered for sale by the company Ferranti srl Unipersonale Via Vicinato, 43 - Frazione Fratta 06036 Montefalco PG enrolled at the Chamber of Commerce of Perugia under no. 03714890542 of the Register of Companies, tax code and VAT no. 03714890542 SDI: W7YVJK9, Pec: email@example.com, email: firstname.lastname@example.org tel. 0742-399096 hereinafter referred to as "Supplier".
Art. 1 Definitions
1.1. The expression "on-line sales contract" means the purchase and sale contract relating to the Supplier's tangible movable property, stipulated between the Supplier and the Purchaser within the framework of a distance selling system using telematic instruments, organised by the Supplier.
1.2. The term "Purchaser" means the consumer natural person who makes the purchase, referred to in this contract.
1.3. The expression "Supplier" means the subject indicated in the epigraph or the subject providing the information services.
Art. 2 Object of the Contract
With the present contract the Supplier sells and the Purchaser purchases, at a distance, through telematic instruments, the tangible movable goods indicated and offered for sale on the site www.ferrantinet.com.
Art. 3 Method of concluding the contract
The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by means of the Purchaser's access to www.ferrantinet.com. By following the procedures indicated, the Purchaser shall formalise the proposal for the purchase of the goods in accordance with this contract.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact completion of the request form and the consent to the purchase manifested by online approval, always preceded by the display of an order summary. This summary is printable and must contain
- the details of the ordering party and the order
- the price of the purchased goods
- the shipping costs and any additional charges
- the method and terms of payment
- the address where the goods will be delivered
- the time of delivery
4.2. When the Supplier receives the order, he sends the Purchaser an e-mail confirming and summarising the order. The e-mail is printable and contains the data mentioned in the previous point.
4.3. The contract shall not be considered finalised and effective between the parties if it does not include the information referred to in the previous point.
Art. 5 Terms of payment and reimbursement
5.1. The Purchaser may only pay by the methods indicated by the Supplier on the relevant web page.
5.2. Any eventual reimbursement will be credited to the Purchaser by one of the methods chosen by him on the proposal of the Supplier. The refund will be made in a timely manner and, in the event of exercising the right of withdrawal, as governed by Article 12 of this contract, within a maximum of 14 days from the date on which the Supplier became aware of the withdrawal. The amount shall be reimbursed net of the costs of shipping and returning the goods, which shall be borne by the Purchaser.
5.3. All communications relating to payments take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations on the protection of personal data.
Art. 6 Delivery times and methods
6.1. The Supplier shall deliver the products ordered, according to the methods chosen by the Purchaser or indicated on the website and as confirmed in the e-mail referred to in Art. 4.
6.2. Delivery times may vary from the same day of the order to a maximum of 25 working days from confirmation of the order. In the event that the Supplier is unable to dispatch the goods within this period, the Purchaser will be notified promptly by e-mail.
6.3. Transport costs for the Italian territory are calculated on the basis of the weight and volume of the goods and indicated after adding the goods to the cart; transport costs vary for the smaller Italian islands for which a surcharge will be requested. Costs vary according to the country of destination and weight in the case of international deliveries.
Art. 7 Prices
7.1. All sales prices of the products displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. The sales prices referred to in the previous point are inclusive of VAT and any other taxes. Shipment costs and any additional charges (e.g. customs clearance, minor islands surcharge, free zone), if any, although not included in the purchase price, shall be communicated by e-mail by the Supplier.
7.3. The prices indicated are those on the product sheet, which, added to any other products and shipping costs, make up the final purchase price. The prices indicated in the purchase confirmation remain valid. Should they be changed prior to payment or delivery, no additions shall be applied to the customer.
Art. 8 Product availability
8.1. The Supplier ensures the processing and execution of orders without delay.
8.2. If an order exceeds the quantity in stock, the Supplier shall inform the Purchaser by e-mail whether the good is no longer available for purchase or what the waiting time is to obtain the chosen good, and then ask whether or not he intends to confirm the order.
8.3. The Supplier's computer system confirms as soon as possible that the order has been registered by sending the User a confirmation by e-mail, as indicated in point 4.2.
Art. 9 Limitations of Liability
9.1. The Supplier accepts no liability for delays or inefficiency due to force majeure.
9.2. The Supplier shall not be held liable to the Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its subcontractors.
9.3. Furthermore, the Supplier shall not be liable for any damages, losses and costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to him. the Purchaser shall only be entitled to a refund of the price paid net of transport and outward and return costs.
9.4. If the Supplier proves that he has taken all possible precautions based on the best knowledge and experience at the time and in accordance with ordinary diligence, he shall not assume any liability for any fraudulent or illegal use that may be made by third parties, of credit cards and other means of payment used for the purchase.
9.5. In no case may the Purchaser be held liable for delays or mishaps in payment if he proves that he has made the payment in the time and manner indicated by the Supplier.
Art. 10 Obligations of the Buyer
10.1. The Buyer undertakes to pay the price of the goods purchased in the time and manner indicated in the contract.
10.2. The Buyer undertakes, once the on-line purchasing procedure has been completed, to print and keep this contract.
10.3. The information contained in this contract is viewed and accepted by the Purchaser when placing the order as an obligatory step before the purchase confirmation.
10.4. At the time of delivery of the Products by the courier, the Buyer undertakes to check the integrity of the package delivered to him and the correspondence of the number of packages to that indicated in the transport document. The Purchaser is aware that if the package is altered, he must refuse the delivery with the express indication of "acceptance subject to checking". The Purchaser is aware that any damage to the package or the Products or the mismatch in the number of packages must be immediately contested by means of a descriptive indication on the courier's proof of delivery, under penalty of forfeiture of the right to raise subsequent objections regarding the suitability, integrity and completeness of the package delivered.
Article 11 Replacement of Products
11.1. The Buyer has the right to request the replacement or reintegration of the Products, in the event of any damage to them during transport, if he has accepted them subject to the checks indicated in Article 10.4 above. This right must be exercised by the Purchaser, under penalty of forfeiture, within and no later than five (5) working days from receipt of the Product by sending an email to the Supplier at email@example.com.
11.2. The Supplier undertakes to send the replacement Products to the Purchaser by means of its own trusted courier without the charge of further shipping costs within a reasonable period of time from the request.
Art. 12 Right of Withdrawal
12.1. The Purchaser has in any case the right to withdraw from the contract stipulated for the purchase of standard products, without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods. The Purchaser who chooses to withdraw shall be reimbursed the price of the purchased goods net of the shipping and return costs, which shall be borne by the Purchaser.
12.2. The Purchaser acknowledges that the right of withdrawal cannot be exercised for Products made to the Purchaser's customised and made-to-measure.
12.3. The Purchaser who purchased in Italy may therefore return, at his own expense or using the Supplier's courier, which will charge the costs incurred, the Products purchased within 14 (fourteen) days from their delivery, provided they have not been even partially used. The Supplier undertakes to reimburse, net of outward and return transport costs, the sums already paid by the Purchaser following delivery of the returned Products at the Supplier's premises.
12.4. The Purchaser must return the Products to the Supplier intact and unused, even partially, in their original packaging. The outer package, carefully opened and then resealed, or a new package, suitable for transport, closed and not accessible, may be used for sending. The products must be delivered to the courier within 14 (fourteen) working days of their receipt. Return postage costs shall be borne entirely by the Purchaser.
12.5. The Purchaser undertakes to deliver the package, adequately prepared, to the courier and to notify the Supplier of the withdrawal by sending an e-mail to firstname.lastname@example.org within the same period of 14 working days.
12.6. The Purchaser acknowledges and is aware that he may not exercise the right of withdrawal in the event of lack of- of the essential condition of integrity of the Product (packaging or its contents)- or damage to the original wrapping containing the Product- of essential elements of the Product.
12.7. In the event that the Purchaser decides to make use of the right of withdrawal, he must inform the Supplier by telephone call to 0742-399096 or by e-mail to email@example.com.
12.8. The only expenses payable by the Purchaser for exercising the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
12.9. The Supplier will reimburse the amount paid by the Purchaser free of charge, net of the costs of shipping and returning the goods, which will be borne by the Customer, after the return of the returned goods by the courier or the Customer himself.
12.10. At the time the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 13 Reasons of termination
13.1. Non-fulfilment of the obligations defined as essential below is cause for termination of the contract pursuant to Art. 1456 of the Civil Code, without the need for a court ruling.
13.2. Obligations of an essential character are
- the obligations assumed by the Supplier as set out in Article 6
- the guarantee of good performance of the payment made by the Purchaser by the means indicated in paragraph 5.1
- the obligations assumed by the Purchaser as in para. 12.
Art. 14 Protection of privacy and processing of the Buyer's data
14.1. The Supplier shall protect the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation set forth in Legislative Decree No. 196 of 30 June 2003 (Personal Data Protection Code) and Legislative Decree No. 101/2018 containing the regulations for compliance with the GDPR.
14.2. The personal and tax data acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in hard copy, computerised, telematic form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of business relations to the extent necessary to best perform the service requested (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
The Supplier undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be disclosed at the request of the judicial authorities or other authorities authorised by law.
14.4. The personal data shall only be disclosed, subject to the signing of a confidentiality undertaking for the data itself, to parties delegated to perform the activities necessary for the execution of the contract entered into and communicated exclusively within the scope of this purpose.
14.5. The Purchaser enjoys the rights set forth in Article 7 of Legislative Decree No. 196/2003, namely the right to obtain
a) the updating, rectification or, when interested, the integration of the data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject shall also have the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; ii) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
14.6. The disclosure of personal data by the Purchaser is a necessary condition for the proper and timely execution of this contract. Failing this, the Purchaser's application cannot be processed.
14.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal shall in any case take place in a secure manner.
14.8. The holder of the collection and processing of personal data is the Supplier, to whom the Purchaser may address any request at the company headquarters.
14.9. Anything that reaches the Centre's mail address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information that does not harm the rights of others and is true; in any case, the Centre cannot be held responsible for the content of the messages themselves.
Article 15 Method of archiving the contract
Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier's premises according to criteria of confidentiality and security.
Art. 16 Communications and complaints
16.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to:
-Ferranti srl Unipersonale Via Vicinato, 43 - Frazione Fratta 06036 Montefalco PG
-email : firstname.lastname@example.org
16.2. In the registration form the Purchaser indicates his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
Article 17 Settlement of Disputes
17.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Perugia and resolved according to the Conciliation Rules adopted by the same.
17.2. If the Parties intend to take the matter to the ordinary judicial authorities, the competent Court shall be that of the place of residence or elective domicile of the Consumer, pursuant to Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Art. 18 Applicable Law and Referral
18.1. This contract is governed by Italian law.
18.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases envisaged in this contract shall apply, especially Article 5 of the Rome Convention of 1980.
Pursuant to Article 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.
Art. 19 Final Clause
19.1. This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject matter of this contract.
19.2. The Purchaser also declares that he/she has read, understood and specifically approved, pursuant to and for the purposes of Article 1341 of the Italian Civil Code and Legislative Decree No. 206 of 6 September 2005, the following clauses of these General Conditions, the title of which is given as an example only: Art. 4 Conclusion and effectiveness of the contract, Art. 5 Terms of payment and reimbursement, Art. 7 Prices, Art. 10 Obligations of the Purchaser, Art. 12 Right of withdrawal, Art. 13 Causes of termination, Art. 14 Protection of confidentiality and treatment of the Purchaser's data, Art. 17 Settlement of disputes, Art. 18 Applicable law and referral
Ferranti srl declares that the products that will be delivered conform to those present and described in the online site and that product images are to be considered illustrative and not binding.
All Ferranti srl products are covered by 24 months legal warranty for conformity defects. A conformity defect exists when the product is not suitable for the use for which it is intended, does not comply with the description or does not possess the qualities and/or performance promised by the seller and typical of the product sold, or the specific qualities and performance required by the consumer when this has been the subject of a specific agreement between the parties. Any obvious defects shall be reported by the Customer in accordance with the provisions of Legislative Decree No. 206 of 2005 Art. 132.
To benefit from the assistance, the Customer shall keep the invoice (or the delivery note) that he/she will receive together with the purchased goods.
The guarantee is personal and shall therefore apply only to the original purchaser. Any defect of the products will have to be reported in writing by the Customer and documented with relative photographic material within the legal term at the moment of the return of the defective product, return that will have to be previously authorized by Ferranti srl
Ferranti srl reserves the right to verify the actual existence of the defect reported by the Customer and the customer the discretion to choose between the compensation modalities indicated in the return conditions. The request will be processed only if the returned package contains the following documents: purchase invoice or receipt, order number and date, detailed description of the defect found, identification tag and packaging.
For any clarification and possible claim, Ferrati srl can be contacted by e-mail at: email@example.com or by phone +39 0742-399096
The warranty is excluded for defects or malfunctioning of the products caused by atmospheric and natural events, accidental damage or breakage, improper or negligent use of the product, failure to follow the instructions and indications for the installation/operation/maintenance of the product. It is also excluded for defects and malfunctions attributable to normal use.