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GENERAL SALES CONDITIONS The present General Sales Conditions regulate the business relationships between Fastom S.r.l. and the Customer inherent to the on-line product purchase, through telecom-network, on the web-site www.promodelshop.biz. For what is not expressly regulated by the present General Sales Conditions you must refer to the dispositions as per Legislative Decree, dated May 22nd 1999, n. 185 and to the applicable law of the Italian Civil Code. a) Definitions In addition to the other terms defined in the present General Sales Conditions, the words hereunder indicated, where written with initial capital latter, have the meaning which is specified for each of them, in the singular as well as in the plural: www.promodelshop.biz: it indicates the on-line shop whose proprietor is Fastom S.r.l. registered at the Chamber of Commerce in Turin under the number 09182100017, REA number 1030979. Customer: it indicates the physical or juridical person who, as far as the sales contracts concluded with Fastom S.r.l. are concerned, acts for purposes not pertaining to his possible entrepreneurial or professional activity. Parties: it indicates Fastom S.r.l. as well as the Customer. Site: it indicates the internet site whose proprietor is Fastom S.r.l., characterized by the URL: www.promodelshop.biz. Products: it indicates the goods sold by Fastom S.r.l. having the characteristics and qualities described on the Site. Contract: it indicates the agreement regulated by the present General Sales Conditions, concluded between Fastom S.r.l. and the Customer after the order acceptance by Fastom, in virtue of which Fastom undertakes to deliver the Products to the Customer, according to the modes and terms hereunder specified. Order: it indicates the Customer's proposal, submitted to Fastom S.r.l. through telecom-sending, e-mail or fax message, of the Product unitary price (or of the total price of Products, if more goods are purchased), of the transport expenses, of the characteristics and qualities of the Product (or of the Products) and of the provisions contained in the present General Sales Conditions. a.1) Registration The Customer who wants to buy some of the proposed Products must be registered at the site www.promodelshop.biz b) Conclusion and subject of the Contract b.1) The acceptance by Fastom S.r.l. of the Order, transmitted by the Customers through telecom-sending, e-mail or fax determines the conclusion of the Contract. Such acceptance shall be considered tacit. b.2) Following the Contract conclusion, Fastom S.r.l. undertakes to supply the Customers with the Products, under the terms and conditions foreseen in the present General Sales Conditions, except for Fastom's right of not executing orders issued by subjects who do not provide sufficient solvency guarantees. b.3) The Customers, sending the Order, accepts unreservedly the provisions contained in the present General Sales Conditions and undertakes to conform to them in its business relationships with Fastom S.r.l. b.4) Therefore, the Order forwarding implies the full knowledge and acceptance by the Customer of the present General Sales Conditions and also of the further information contained in the web site pages. b.5) Once the Contract has been concluded with the Order receipt and acceptance by Fastom S.r.l., the latter will take care of sending an e-mail message to the Customer containing the details of the relative order (prices, quantity and characteristics of the Products); c) Declarations and obligations c.1) Fastom S.r.l. sells on the Site only first-rate products, purchased from the manufacturing company or directly produced by Fastom. c.2) The Products are shown and visible in detail on the Site and their representation corresponds to their real characteristics. Fastom S.r.l., anyway, cannot guarantee the exact correspondence to reality of images and colours as they appear on the Customer's monitor. c.3) Parties reciprocally acknowledge that the products presented on the Site might be no longer available or on sale when the Customer enters the Site and that the relative prices might be varied. c.4) The purchase orders not coming from Italy cannot be accepted by Fastom S.r.l. d) Returns and complaints d.1) The products proving defective under normal use conditions will be promptly replaced. In order to ask for the substitution, it is necessary to send an e-mail or a fax message to Fastom, explaining the reasons of the request. After the opportune verifications, the substitution will be agreed. The complaint will be satisfied within 24 hours since the receipt of the products functioning incorrectly. The dispatch of the substitution products will occur by TNT Traco express carrier with delivery within 36-72 hours since the dispatch date. No payment is due at the receipt of the goods. ATTENTION: returns not agreed with Fastom S.r.l. won't be accepted. d.2) Possible complaints for damages or pilfering caused by the transport must be notified to the carrier at the receipt of the goods and communicated to Fastom S.r.l by e-mail or fax within 8 days. Once this term has elapsed, the complaint won' t be accepted any longer. e) Payments e.1) the payment of the Product price and of the relative dispatch expenses must be accomplished by the Customer through one of the modalities foreseen on the Site. e.2) In case of payment by credit card, the financial information (card number, expiry date etc.) will be automatically forwarded through cryptographic protocol to PayPal and neither Fastom S.r.l. or others can have access to it. Besides, such information will be never used again, unless some reimbursements must be issued in case of possible returns, in the cases foreseen by the article 5 Right of withdrawal of the Legislative Decree n. 185/1999. e.3) In case of payment with credit card the order amount will be charged to the Customer's card when the Bank/Institute issuing the used credit card gives the authorization. In case of payment with postal account or anticipated postal transfer, the order will be confirmed only after receiving the notification of the payment accounting record. If nothing is received within 3 days since the order date, the order won't be executed but officially cancelled. f) Product delivery The Products will be delivered by the entrusted Carrier or by a delegate to the indicated address, which shall not be changed once the order has been issued. At the receipt the Customer shall control the integrity of the parcel containing the Product; if he identifies some anomalies, he must notify them immediately to the person who is delivering the goods. Dispatches abroad Forwarding expenses are at the customer's charge and are automatically calculated by our operational system at the time of the order. Delivery terms are approximate and anyway they are to be considered valid if no physical or structural inconveniences occur. Fastom entrusts TNT Traco Express Carrier with the dispatch and they guarantee the delivery within three working days, apart from the acceptance date, Saturdays and Sundays excluded. You can get information about the state of your dispatch using the monitoring service available at the page http://www.tnt.it/tracking/Tracking.do We remind you that in case of cash on delivery payment, the carrier accepts only cash (he does not accept cheques or other payment modalities). g) Non-delivery If the carrier, when he delivers the goods, does not find anybody at the indicated address, he will take care of leaving a proper message indicating the paid visit. The following day the same carrier will make a further attempt of delivering the products, if in this case too it is not be possible for him to execute the delivery, the situation of "NON-DELIVERY" occurs. This implies the automatic return of the products to the consignor and the Customer will be not entitled to asserting any of his rights. If the customer asks Fastom S.r.l. to have the ordered and paid products back, due to the non-delivery, he will have to send an e-mail request to the address: info@promodelshop.biz. Once accomplished all verifications, Fastom will send again the Products to the Customer, provided that he pays in advance all forwarding expenses. h) Non-Collection If the Customer (or a delegate), when goods are delivered by the Carrier, does not collect the ordered products without a justified reason, the situation of "NON-COLLECTION" occurs. This determines the automatic product return to the consignor and the Customer will be not entitled to asserting any of his rights. . If the customer asks Fastom S.r.l. to have the ordered and paid products back, due to the non-collection, he will have to send an e-mail request to the address: info@promodelshop.biz. Once accomplished all verifications, Fastom will send again the Products to the Customer, provided that he pays in advance all forwarding expenses. i) Right of withdrawal As per art. 5 of the Legislative Decree 185/1999, if the customer is a consumer (that's to say a physical person who buys goods for purposes not related to his professional activity) he is entitled to withdraw from the purchase contract without specifying the reasons. The right of withdrawal is exercised by sending, within ten working days starting from the receipt date of the goods, a written communication addressed to Fastom S.r.l. - Via O. Vigliani 123 10127 Torino - by registered letter with return receipt. The communication can be sent also by telegram or fax within the same term, provided that it is confirmed by registered letter with return receipt within the following 48 hours. Within the same term of ten days from the good receipt the customer is bound to return the goods to Fastom S.r.l. The only expenses born by the customer in relation to the withdrawal right exercise, according to the present article, are the direct expenses for the product return to Fastom S.r.l. If the withdrawal right is exercised by the customer in conformity with the provisions of the present article, Fastom will refund the amounts paid by the customer. The reimbursement will occur in the shortest possible time and, in any case, within thirty days from the receipt by Fastom S.r.l. of the communication where the customer expresses its will of exercising the right of withdrawal. The refund concerns only the price of the goods. The additional expenses of forwarding and home delivery will not be reimbursed and will remain at the customer's charge. The right of withdrawal is anyway regulated by the following conditions: - the right is applied to the purchased product in its whole; - it is not possible to exercise the withdrawal only on a part of the purchased product; - The purchased good shall be returned integral and in its original packaging, sealed and complete with all its parts. |
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