1.1. These general conditions of sale apply to any purchase of "FINAMORE" branded products (hereinafter "Products") that will be made through the e-commerce site www.finamore.it (hereinafter the "Site") by users who qualify as "Consumers" pursuant to article 1.2 below. The Site, owned by Siap srl., with registered office in via Senato,45 - 20121 Milan. Italy (hereinafter "Owner"), VAT number 04847611219 and REA registration number MI-2024451
1.2 Purchases of Products made through the Site will see as parties the company Siap srl, as seller (hereinafter referred to as the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to his or her own entrepreneurial, commercial, handicraft or professional activity, as purchaser (hereinafter referred to as the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties").
1.3 Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the contact details and in the manner indicated on the Site and at the e-mail address email@example.com
1.5. Each purchase is governed by these general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers and, therefore, the ability to purchase Products on the Site is reserved exclusively for Consumers. Under no circumstances may individuals who do not qualify as Consumers purchase Products on the Site. At any time, Seller shall have the right to refuse orders or not to execute any sales that Seller, in Seller's sole judgment, believes were generated by orders submitted by persons who do not qualify as Consumers. If one or more sales are nevertheless made to a person who does not qualify as a Consumer, these general terms and conditions of sale shall apply but, notwithstanding the provisions thereof:
(a) the purchaser will not be granted the right of withdrawal set forth in Article 10;
(b) the purchaser shall not be entitled to the warranty on the Products set forth in Article 8 or any other warranty provided by law;
c) the purchaser shall not be accorded any other protections, if any, provided herein in favor of the Consumer, which reflect or conform to mandatory provisions of law;
d) the contract of sale concluded between Seller and Buyer shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these general conditions of sale be sent to him by e-mail to the address declared by the same during registration on the Site.
1.8. In order to be able to make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.9. Any charges for connecting via the Internet to the Site, including telephone charges, according to the rates applied by the operator selected by the Consumer, shall be borne exclusively by the Consumer.
2. Characteristics of the Products and their availability in the different geographical areas
2.1. The Products are sold by the Seller with the characteristics that are described on the Site at the time the order is sent by the Consumer and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to change these general terms and conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made shall be effective as of the date of publication on the Site of the new general conditions of sale, as stated in the header of the general conditions themselves, and shall apply only to sales concluded as of that date. The Products are offered at the general conditions of sale published on the Site at the time of the conclusion of each sale, while stocks last.
2.3. Prices and Products for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to Section 3 below, the Consumer is requested to check the final sale price.
2.4. The Seller reserves the right to change, at any time and without the need to provide any prior notice, the Products for sale on the Site or their characteristics.
2.5 The Site may be accessed by users from all over the world, and the Site may contain references to Products that are not available or cannot be purchased in the Site visitor's country.
2.6 The Products available on the Site can only be purchased by users who, in the section of the Site specifically dedicated to them, request their delivery to one of the states that are indicated on the Site.
3. Method of purchase of the Products - Perfection of each individual purchase contract.
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation addressed to the Consumer to make a contractual proposal to purchase and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer will be asked to read carefully these general conditions of sale and the notice on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer will be asked to identify and correct any errors in their data entry.
3.3. The Consumer's purchase order shall be accepted by the Seller with the sending to the Consumer, to the e-mail address declared by the latter to the Seller when registering with the Site or when transmitting the order if the Consumer is not registered with the Site, of an e-mail confirming the order, which shall contain the link to the text of these general conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties shall be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at firstname.lastname@example.org
3.4. Each contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Procedure of selection and purchase of the Products
4.1. The Products presented on the Site may only be purchased by means of the purchase procedure present on the Site and no attempts to purchase and/or reserve made by e-mail, fax or other means other than the aforementioned purchase procedure shall be deemed valid or accepted. This procedure involves the selection of the Products of interest to the Consumer, with their inclusion in the virtual shopping cart. Once the selection of the Products has been completed, in order to execute the purchase of the Products selected and placed in the shopping cart, the Consumer will be asked to register on the Site, providing the requested data, or to log in, if the Consumer is already registered or to provide their data in order to complete the order and allow the completion of the contract. In order to allow the purchase, the Consumer will be asked to confirm his or her data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he or she can be contacted for any communications relating to the purchase made, if they are different from the data provided at the time of registration. The Consumer shall display a summary of the order to be executed, the contents of which may be modified: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box on the Site and finally, through the "Insert Order" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in paragraph 3.2. above of this contract. The Consumer will also be asked to choose the shipping method and payment method, from those available. Should the Consumer decide for the immediate payment method (simultaneous with the purchase) by credit card, PayPal or immediate bank transfer, he/she will be required to communicate the relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
5. Delivery of the goods and acceptance
5.1. Generally, the Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller. The Seller reserves the right to accept or not accept the order received from the Consumer, depending on the actual availability of the Products, regardless of any indication contained in this regard on the Site, without the Consumer being able to make claims or rights of any kind, for any reason whatsoever, including compensation, in the event of non-acceptance, in whole or in part, of the order by the Seller.
5.2 The Seller undertakes to do everything within its power in order to comply with the delivery times indicated on the Site and, in any event, to make delivery within a maximum time of 30 (thirty) days from the date of payment of the price by the Consumer,except in the event that the Products are not available in the Seller's warehouses.
5.3. Not being able to guarantee the availability of the Products indicated on the Site, if a Product ordered by a Consumer is not available for delivery despite the order confirmation, the Seller shall promptly inform the Consumer of the unavailability of the Product and, within 30 (thirty) days of such communication, the Consumer shall be obliged to inform the Seller whether it intends to:
(a) obtain a refund of any price already paid; or
b) wait for the Products to become available at the Seller's warehouses, provided that the same are still being manufactured by the Holder.
In the latter case, delivery shall be made within 30 (thirty) days from the date Products actually become available at the Seller's warehouses.
5.4. The shipment of the Products ordered by the Consumer shall take place in the mode selected by the Consumer, among those available and indicated on the Site at the time of sending the order. The Consumer undertakes to check without delay, and in any case within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform the Seller within this period of any defect in the products received or their discrepancy with the order placed, in accordance with the procedure set out in Article 9 below of these general conditions of sale. Should the packaging or wrapping of the products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/freight forwarder or to accept delivery "with reservation".
5.5. Once the time limit referred to in paragraph 5.4. above has elapsed without the Consumer having made any objection to the carrier/freight forwarder, the Products delivered shall be deemed to have been finally accepted by the Consumer.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is the price indicated on the Site at the time the order is placed by the Consumer. The prices of the Products indicated on the Site are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are counted prior to the order confirmation transmitted by the Seller to the Consumer and that the same Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. Depending on the country to which the Products are to be delivered, the relevant shipping costs will be displayed on the Site during the order creation process, which the Consumer undertakes to pay in addition to the price of the Products ordered.
6.3. The Consumer shall pay to the Seller the total price, as stated in the order confirmed following the order confirmation sent by e-mail by the Seller to the Consumer.
6.4. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) shall be net of any customs duties and any other sales taxes, which the Consumer agrees as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the products.
6.5. Any additional costs, charges, taxes and/or levies that a given country may apply, for any reason whatsoever, to the Products ordered under these general conditions of sale shall be borne exclusively by the Consumer.
6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in paras. 6.4. and 6.5. above, at the time of sending an order to the Seller, shall not constitute cause for the termination of this contract and that it shall not in any way be able to charge the aforementioned charges to the Seller.
6.7. Please also remember that duties are always the responsibility of the purchaser, even in the event of a return, and that there is a return fee if goods are returned due to a problem or damage not attributable to Finamore 1925.
The contribution in Europe is 10.00€ in Extra EU countries is 15.00€
7.1. The payment of the price of the Product(s) purchased through the Site shall be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller shall commence when the price of the Product(s) purchased is credited to the Seller's bank account.
7.2. Payment may be made by credit card, bank transfer or through PayPal, subject to the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to Banca Sella, operator that handles payments on behalf of the Seller. The transmitted data will be sent in a secure mode, by means of 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data are not accessible even for the Seller.
7.3. If the payment is made by bank transfer in favor of the Seller, the Consumer shall indicate the "Swift" and "IBAN" codes given in the order confirmation.
7.4. The Seller shall promptly transmit to the Consumer, in electronic format via e-mail to the address declared by the same at the time of registration with the Website, the tax receipt relating to the purchase made, if the Products purchased are to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller's legal warranty of conformity, reporting of conformity defects and interventions under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products shall be free from defects in design and material as well as in conformity with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product that does not comply with the Product's own use or washing and with the instructions/warnings on the matter provided by the Seller and/or the Holder, or indicated in the illustrative reference documentation, tags or labels.
8.2. The Consumer shall have the burden of examining the Products as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-conformities within and no later than 2 (two) months from their discovery, by transmitting to the Seller's Customer Service, by e-mail, the appropriate form correctly filled in [click here to download the return form for defective product], indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and the tax receipt).
8.3. Following receipt of the form and the relevant documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the Holder's support service and, after having carried out the quality controls aimed at verifying the actual non-conformity of the Product, will decide, at its own discretion, whether to authorize the return of the Products by providing the Consumer with feedback by e-mail to the address provided by the latter during the registration process on the Site. Authorization to return Products shall in no way constitute acknowledgement of defects or non-conformities, the existence of which must be ascertained subsequent to return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice, within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address: SIAP srl in via Senato,45 - 20121 Milan.
8.4. In the event that the Products are actually found to be defective or non-conforming, the Consumer may obtain:
a) the replacement of the same with other Products of the same model that may be available at the Seller's warehouses, at no cost to the Consumer; or, in the event that such Products are not available
b) a partial or full refund of the price paid, depending on the seriousness of the defects or discrepancies.
8.5. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement shall be made by bank transfer or, where possible, by the same means of payment used by the Consumer when purchasing the Product. It shall be the Consumer's responsibility to notify the Seller, again by e-mail at email@example.com of the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.
9. Liability for damage from defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply. The Seller, in its capacity as distributor of the products through the Site, releases itself from any liability, none excluded and/or excepted, by indicating the name of the relevant product manufacturer.
10. Right of withdrawal
10.1. The Consumer is acknowledged the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 10 (ten) working days starting from the day of receipt of the Products ordered, for any reason whatsoever and without having to justify their decision in any way.
10.2. For the purpose of exercising the right of withdrawal, the Consumer must send to the Seller within the aforementioned term, by registered letter with return receipt, the appropriate form correctly completed, together with the following documentation:
(a) printout of the e-mail from the Seller containing the Order Confirmation;
b) copy of the tax receipt issued by the Seller following payment of the price of the Product.
The transmission of the above form and documentation may also be made, within the same term, also by telegram, telex, e-mail and fax, it being understood that, for the purposes of timeliness and validity of the communication, the latter must be confirmed by registered letter with acknowledgment of receipt within the following 48 (forty-eight) hours; the registered letter shall be deemed to have been sent in good time if delivered to the accepting post office within the term of 48 (forty-eight) hours just indicated. The above communications must be sent to SIAP S.r.l. in via Senato,45 - 20121 Milan, fax number:081/275838 , e-mail:firstname.lastname@example.org
10.3. In order for the right of withdrawal to be validly exercised, if the shipment or delivery to the Consumer of the Products ordered has already taken place, the Consumer must return the same within the peremptory term of 10 (ten) working days from receipt or within 10 (ten) working days from the transmission of the form and the return code, together with the return form suitably drawn up and complete with the return code provided to him/her, by having them sent or delivered to: