General terms and conditions of sale
These General Terms and Conditions of Sale are valid from 26 October 2022
General Conditions of Sale "OUTDOORMARKET.IT", managed and distributed by Fierashop Srl
INTRODUCTION - outdoormarket.it (hereinafter referred to as the "Site") is a B2C - Business to Consumer E-commerce Internet "Site" which is aimed at the private "Customer" user (hereinafter referred to as the "Customer") by publishing product catalogs of third-party vendors for Internet sales.
Pursuant to and by effect of art. 7 of Legislative Decree 9 April 2003, n. 70, informs the buyer that the goods/services covered by this contract are presented by Fierashop Srl with registered office in: Castiglione del Lago (PG) Piazza Libertà, 26 - VAT number 02968460549 n° REA PG - 254377.
All communications or requests for information can be sent to the above address or sent by e-mail by writing to the address: email@example.com , one of the " Fierashop Srl" operators will contact the "Customer" who left the message in the shortest possible time. Copy of these General Conditions of Sale, pursuant to art. 12 paragraph n. 3 of Legislative Decree 9 April 2003, n. 70, can be copied and saved on the "Client's" computer.
ART. 1 – Mandatory general information to the "Customer"
These general contract conditions are intended to regulate all relations between " Fierashop Srl", the company that owns the rights to exploit the "Site" and the "Customer". These general contract conditions form an integral and substantial part of every proposal, order and order confirmation for the purchase of products by the "Customer".
“ Fierashop Srl” may update or amend these general terms and conditions at any time, also but not only in consideration of any regulatory changes. The new general conditions of contract will be valid and effective from the date of publication on the "Site", for contracts entered into after that date. In any case, since these are remote sales contracts governed by the Consumer Code (Legislative Decree 206 of 09/06/2005) and by Legislative Decree 70 of 04/09/2003, the "Customer" will enjoy all the protections provided for by these regulations and subsequent amendments. The Products purchased on the "Site" are sold by Fierashop Srl with registered office in Castiglione del Lago (PG) Piazza Libertà, 26 - VAT number 02968460549.
ART. 2 – "Customer" registration
In order to be able to join the Services of the "Site" users must register and must accept the General Conditions of Sale provided for in this document. The purchases proposed by " Fierashop Srl" on the portal of its "Site" are reserved for private consumer users, as defined by Art. 3 of the Consumer Code ( Legislative Decree 206 of 09/06/2005), or natural persons who act for purposes unrelated to any business or professional activity carried out. Therefore " Fierashop Srl" invites all subjects who do not fall within the definition of private consumers or users to refrain from registering. Companies or professional customers are invited to contact “ Fierashop Srl” directly by writing to the e-mail address: firstname.lastname@example.org. The provision of the data requested at the time of registration is mandatory for the "Customer" as it is strictly functional to the performance of the same. Any refusal to provide them will make it impossible for “ Fierashop Srl” to activate the services and carry out any activity relating to them. The "Customer" agrees to receive from " Fierashop Srl", at the e-mail address indicated at the time of registration, communications and commercial proposals relating and/or connected to the services of " Fierashop Srl” and in particular its own Newsletter. At any time, the "Customer", by clicking on the appropriate link at the bottom of the commercial communication, may request not to receive further communications. The "Customer" who intends to use the "Invite a friend" service present in the same section of the "Site " has the right to click on the "SEND" button, declaring that he has acquired the recipient's consent to the communication, " Fierashop Srl" will use the e-mail address of the latter for the sole purpose of allowing the invitation to register on the "Site" to be sent. However, the data relating to the recipient's e-mail address will not be retained by “ Fierashop Srl” following the transmission of the invitation e-mail.
ART. 3 - Contract for the sale of the Products
In order to comply with Legislative Decree 70 of 04/09/2003, containing provisions on electronic commerce, " Fierashop Srl" informs the "Customer" that in order to conclude the contract for the sale of Products on the "Site", the The "Customer" must complete an order form in electronic format and send it to " Fierashop Srl", electronically, following the instructions which will appear from time to time on the "Site" and which will accompany the various phases of the purchase. In the event that the "Customer" specifically wants to receive an invoice, he will have to fill in the appropriate spaces of the order note complete with tax domicile, tax code and VAT number. The contract is concluded when “ Fierashop Srl” registers the order form, after verifying the correctness of the order and payment data. Before proceeding with the transmission of the order form, the "Customer" will be able to identify and correct any errors relating to the data entered by following the instructions that will accompany the various phases of the purchase indicated from time to time on the "Site". Once the order form has been registered, “ Fierashop Srl” will send the “Customer” the order confirmation and payment receipt via email to the email address indicated in the registration. Please keep the e-mail received as proof of purchase. The order form will be filed in the " Fierashop Srl" database and associated with the "Customer" data for the time necessary to process the order and, in any case, in accordance with the law. To access his order form, the "Customer" can consult the "Order Archive - Wish List" section of the "Site" using the Password and User ID assigned to him at the time of registration, where he will find the list of all orders from he carried out. Before confirming the order, the quantities, codes and descriptions of the individual products and services, prices, any duties and taxes will be indicated in the order note and acceptance of these General Conditions of Sale will be requested, without which acceptance the procedure order acquisition will not be completed. The individual codes will correspond to the technical descriptions, models, materials, measurements, sizes and colors of the products as per the presentation technical sheet of the individual product and its variants. For each product or type of product, when it is added to the "shopping cart", it will be indicated, as required by Art. 52 of the Consumer Code ( Legislative Decree 206 of 09/06/2005), the additional costs of delivery and packaging, the payment methods and the applicability of these General Conditions of Sale to the Contract. It may happen that the ordered product is no longer available after the purchase order. In this case, the price paid will be returned to the "Customer", in any case no later than 60 days from the date of payment. In the event that a "Customer" has sent orders for several products and only some of them are available, " Fierashop Srl" will also have the right to make a partial delivery.
ART. 4 – Price of the Products and Methods of Payment
The price of the products published on the "Site" is inclusive of VAT. Before purchasing, it will be possible for the buyer to view the amount of the shipping costs to be paid by him. Payment can be made by credit card (Mastercard, Visa, Visa Electron and Postpay ) , bank transfer in advance. The credit card details are entered directly on the pages of the banking partner of " Fierashop Srl", and are transmitted to the bank's servers in encrypted form according to the 128-bit SSL (Secure Socket Layer) standard, one of the most advanced protection systems and effective currently available. For greater security, only the banking partner has access to the data of the card used for payment, while “ Fierashop Srl” has no possibility of knowing or memorizing such data. By selecting the "Pay" button during the purchase process, the "Customer" declares that he fully and unreservedly accepts all of these General Conditions of Sale.
ART. 5 – Orders
The purchase orders of the products will be processed only after receipt by " Fierashop Srl" of the confirmation of payment of the total amount due, consisting of the purchase price of the products including shipping costs, the products remain the property of “ Fierashop Srl” until the total settlement of the amount due.
“ Fierashop Srl”, under normal conditions, keeps the availability of the products on sale updated. The availability update is made following communication from our product suppliers. However, sometimes defects/delays in supplier communications can cause the product to be displayed as available, while in reality there is no momentary availability. In any case, following the order, " Fierashop Srl" activates the acquisition of the product for its return to availability, treating it as a normal order management up to 60 days from the order confirmation. Once this period has passed, " Fierashop Srl" informs the customer via the email indicated in the order of the definitive unavailability of the product (unless otherwise agreed with the customer) and immediately refunds the full amount based on the payment procedure chosen by the customer at the time of checkout. 'order.
ART. 6 - Product Warranty and Product Conformity Warranty
“ Fierashop Srl” undertakes to supply products corresponding to the published product sheets, compliant with their technical specifications and current regulations, free from faults or defects. The products will always and in any case be of "first choice", unless the contrary is clearly and previously highlighted. The product warranty terms will start from the day of delivery of the products to the "Customer". In case of lack of conformity of the purchased products, the "Customer" has the right to have the product replaced, without any additional expense, where this is possible in relation to the number of specimens still available for sale and unless the replacement is excessively expensive for “ Fierashop Srl” in consideration of the extent of this defect and the value that the goods would have, if there were no lack of conformity. Alternatively, the buyer has the right, at his choice, to an appropriate price reduction or to termination of the contract. In the event of termination of the Contract, " Fierashop Srl" will return the price paid by the "Customer", plus the shipping costs within and no later than 30 (thirty) days from the date of communication of the termination. In the event of a price reduction, “ Fierashop Srl” will return the amount of the reduction, in the same terms as above. In any case, the refund amount will be communicated to the "Customer" by e-mail and credited to the same on the basis of the agreements between the Parties. The "Customer" must agree with the Customer Service of " Fierashop Srl" the methods of shipment of the goods.
The guarantees relating to the products sold are those provided directly by the manufacturer. The "Customer" must report any lack of conformity (obvious defects) of the products to " Fierashop Srl", under penalty of forfeiture, within 15 (fifteen) days from the delivery date. In the event of hidden defects, the terms of the law will be applicable. The guarantee of conformity will not be applicable to products repaired, modified or in any way altered by the "Customer". “ Fierashop Srl” is not responsible in case of damages, of any kind, deriving from the installation and/or use of the product in an improper way and/or not in compliance with the instructions supplied by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or major force.
The images and colors of the products published on the "Site" may differ from the real ones due to the local settings of the systems and/or tools used by the "Customers" for their display. In addition to the aforementioned guarantees, purchases made through the circuits managed by " Fierashop Srl" also respond to the "Product conformity guarantee", in fact " Fierashop Srl" responds to the "Customer" for any lack of conformity of the goods purchased pursuant to and for the purposes of the provisions of the Consumer Code (Title III - Legal guarantee of conformity and commercial guarantees for consumer goods, CHAPTER I On the sale of consumer goods, in articles 128 and following of Legislative Decree 22.07.2005 n. 206), provided that it exists at the time of delivery of the goods and manifested itself within a period of two years from the time of receipt of the goods and provided that it is not a defect known by the "Customer" at the time of signing the contract of purchase. Any defect must be communicated to “ Fierashop Srl” within two months of its discovery, by sending a registered letter to the address indicated in ART. 1. The date of the postmark on which the registered letter was sent will be authentic between the parties.
ART. 7 – Intellectual property and copyright
" Fierashop Srl" reserves all rights to the texts, works, illustrations and images reproduced on the web pages of the "Site" in accordance with the provisions of the Civil Code and the laws protecting copyright as well as in accordance with Intellectual Property. In this regard and in accordance with the provisions of the law on intellectual property, its use is only authorized for private use unless otherwise provided for as described above. Any other use is prefigured as forgery and is sanctioned in accordance with the Intellectual Property, except with prior written authorization from " Fierashop Srl". All total or partial reproductions of the catalogs published and associated with the "Site" are strictly prohibited.
ART. 8 – Order fulfillment, product delivery, documentation and packaging
Orders are normally processed within 15 days from the date of confirmation of the same, subject to availability of the goods, and in any case subject to agreements with the customer no later than 60 days . If it is impossible to make the delivery, after the aforementioned 60 days from the date of the order, " Fierashop Srl" will immediately refund the full amount based on the payment procedure chosen by the customer at the time of the order.
" Fierashop Srl" will deliver at the expense of the "Customer" by its own forwarder with an agreed Courier, in the place indicated by the "Customer" when completing the order note.
Upon delivery of the products, the "Customer" must check:
- that the number of packages delivered corresponds to what is indicated in the transport document;
- that the product indicated on the packaging corresponds to the one actually indicated in the order confirmation;
- that the packaging is intact, not damaged or wet or otherwise altered.
Any damage or the mismatch in the number of packages or indications must be immediately reported to the courier who makes the delivery. For this reason it is strongly recommended to sign the receipt of packages "with reserve".
In the event of the recipient's absence at the time of delivery, a notice will be left and the "Customer" will have to personally contact the courier or shipper as soon as possible in order to agree on the delivery methods. In the event that the "Customer" fails to do so, he will be held responsible for the costs of shipping, storage and recovery of the products.
“ Fierashop Srl” is not responsible for delayed or non-delivery due to force majeure or unforeseeable circumstances. The products will be delivered in the packaging normally used, complete with their documentation such as, by way of example, the instruction manuals. Delivery takes place by trusted shippers and/or couriers at the shipping cost indicated on the screen during the completion of the order, calculated according to the weight, volume and destination of the goods. The cost of shipping is borne by the buyer, according to the rates and costs indicated.
ART. 9 - Right of withdrawal
Since these are remote sales contracts governed by the Consumer Code (Legislative Decree 206 of 09/06/2005), the "Customer" enjoys the right of withdrawal, which consists in the right to return the purchased product and in the consequent reimbursement of the purchase price. The right of withdrawal must be exercised within and no later than 14 (fourteen) days from the date of receipt of the product without any penalty and without the need to specify the reason. To exercise this right, the "Customer" must send, within the deadline, a communication to the address indicated in the ART. 1 exclusively by registered letter with acknowledgment of receipt or by using your pec and writing to pec email@example.com , it is specified that communications sent via ordinary emails, telephone messages (SMS), WhatsApp or other types of messaging as not covered by law. Upon receipt of the communication by registered letter with acknowledgment of receipt, " Fierashop Srl" will contact the "Customer" within 2 working days by sending the appropriate return form with the relative authorization number to the email address indicated in the order. The products covered by the withdrawal must be sent to " Fierashop Srl" no later than 48 hours from obtaining the return authorization number and reach " Fierashop Srl", complete with a copy of the return form (which, as stated above, " Fierashop Srl ” will have proceeded to send to the “Customer” via E-mail together with the return authorization code). “ Fierashop Srl” reserves the right not to accept the return of products without the return authorization code. Within 30 (thirty) days from the date of communication of the right of withdrawal, " Fierashop Srl" will return the price paid by the "Customer", in addition to the shipping costs relating to sending the order, but not those of return which, as will be specified below, remains the responsibility of the "Customer". Upon receipt by " Fierashop Srl" of the return, the parties will be released from their respective contractual obligations, except for those of returning the products and the refund of the price, with nothing else to claim from either party. As required by the Art. 67 of the Consumer Code ( Legislative Decree 206 of 09/06/2005), the substantial integrity of the products is an essential condition for exercising the right of withdrawal. The "Customer" must carry out the shipment at his own expense, returning the goods intact and in their original wrapping or wrapping complete with any documentation and accessory equipment (the right of withdrawal does not apply to sealed products once opened), to limit damage to the packaging original, we recommend, when possible, to put it in a second box, on which to note the return number (return authorization code); the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.
The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the "Customer", " Fierashop Srl" therefore is not liable in any way for damage or theft/loss of goods returned with uninsured shipments.
ART. 10 - Liability and force majeure
“ Fierashop Srl” will not be liable to the “Customer” or third parties in relation to damages, losses and costs incurred as a result of the non-execution of the contract, the “Customer” having only the right to a refund of the price paid.
Likewise, “ Fierashop Srl” is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment when paying for the products. In fact, at no time during the purchase procedure is “ Fierashop Srl” able to know the credit card number which, by opening a secure connection (SSL protocol), is transmitted directly to the credit institution which it will use to online transactions. In the event of force majeure, the defaulting party will not be held responsible for the non-performance, provided that it has done what is reasonably necessary to perform despite the force majeure event. The hypothesis of force majeure shall be understood as any event that has occurred, unforeseeable and beyond the control of one or both of the Parties (such as, by way of example and not limited to, war events, riots, fires, floods, earthquakes and other natural disasters, strikes, orders or prohibitions by national and international authorities) such as to prevent the correct fulfillment of the obligations assumed.
ART. 11 - Treatment of personal data. Information pursuant to GDPR on Privacy - EU regulation 2016/679
According to the regulation, data processing will be based on principles of correctness, lawfulness and transparency, protecting the privacy and rights of the person who subscribes. With reference to the provisions, " Fierashop Srl" informs that:
- the personal data provided by the "Customer", or otherwise acquired in the context of the activity of " Fierashop Srl", may be processed by " Fierashop Srl", and in particular
- its information system, in compliance with the aforementioned legislation, for institutional and administrative purposes
- to implement the contractually agreed service and any accessory devices required, in organizing, managing and executing the performance of these services, " Fierashop Srl" may provide data to third parties such as its "commercial partners" suppliers of the products that will be marketed; its Customer Service, even if managed in outsourcing; the logistics center in charge of packaging the products; ; to the carriers in charge of delivering the products; to other companies that “ Fierashop Srl” makes use of or will make use of for the provision of its services, such as for example collaborators for the data entry activity and for the compilation of the catalogs that will be published online.
- to fulfill legal obligations or other obligations required by the competent Authorities
- to protect the rights of “ Fierashop Srl” and its representatives and/or appointees in court;
- the treatment that “ Fierashop Srl” intends to carry out:
- it will be performed in the following ways: computerized/manual;
- it may also be carried out by subjects who are recognized as having the right to access the personal data of the "Customer" by law or secondary and/or community regulations.
- the data will be kept by “ Fierashop Srl” for the time prescribed by law; the data, except as strictly necessary for the correct execution of the supply contract, will not be communicated to other subjects unless expressly asking the consent of the "Customer".
“ Fierashop Srl” also informs that the communication of data is essential but not mandatory and any refusal has no consequences, but could cause the non-fulfilment of the obligations assumed by “ Fierashop Srl” for the provision of the requested service.
The data controller is Fierashop Srl with registered office in Piazza Libertà, 26 – 06061 – Castiglione del Lago (PG), to which the “Customer” can contact to assert his rights as required by law.
- The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in an intelligible form.
- The interested party has the right to obtain the indication:
- of the origin of the personal data;
- of the purposes and methods of the treatment;
- of the logic applied in case of treatment carried out with the aid of electronic instruments;
- of the identification details of the owner, of the managers and of the designated representative
- of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as designated representative in the territory of the State, managers or agents.
- The interested party has the right to obtain:
- updating, rectification or, when interested, integration of data;
- 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;
- the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
- The interested party has the right to object, in whole or in part:
- for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
- to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
ART. 12 - Applicable law and Competent Court
This contract must be interpreted and regulated in accordance with Italian law. For anything not expressly regulated by this contract, the provisions of the Civil Code on the matter will apply. For any dispute relating to the interpretation and/or execution of this contract, the Court of Perugia will have exclusive jurisdiction.