General conditions of sale
The following General Conditions of Sale, set out below, are regulated by the Consumer Code of legislative decrees no. 206/2005 and subsequent amendments and the rules on e-commerce in legislative decree no. 70/2003 and subsequent amendments.
They apply only to the sale of products via Internet, as detailed and listed in the online store of the website www.filobio.com.
These Conditions are subject to change. For most current information, consult them before each purchase. In case of changes to the General Conditions, for purchase orders in process at the time of the change, terms and conditions valid at the time of the customer’s order placement shall apply.
The conditions in question concern the use of the online store for Filobio s.r.l. and to acts pertaining to the purchase of its products.
Online shop users, customers and purchasers should carefully refer to these Conditions before using the website and its online store.
Article 1 – Contract purposes
With these General Conditions of Sale, Filobio S.R.L. sells and the customer remotely buys movable property shown and offered for sale on the site www.filobio.com.
The Contract is entered into only via the Internet, through the customer’s entering the website (online store) www.filobio.com.
The purchase order is created according to the website’s procedure.
The customer agrees, prior to confirmation of their order, to read the present General Conditions of Sale, in particular the pre-contractual information provided by Filobio S.R.L., and to accept them by checking the relevant box. In the e-mail order confirmation, the customer will also receive a link to download and save a copy of these General Conditions of Sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
Article 2 – Precontractual information for the consumer – art. 49 of legislative decree 206/2005
The customer, before the conclusion of the purchase contract, shall examine the products sold on the Filobio website and their characteristics as described and shown in the online shop.
Before the conclusion of the purchase contract, and before the validation of the order with “payment obligation”, the buyer is informed of the following contract elements:
- Price of the selected items for online purchase; this price is inclusive of all legal taxes at the rates prevailing at the time of purchase; the total price shall also specify all other incidental costs and more specifically the shipping charges in the cases for which they are covered.
- The selected payment terms, based on those possible referred to below, as further specified hereinafter.
- Delivery means and planned delivery times to which Filobio S.R.L. agrees.
- The rules governing the right of cancellation provided for by law, with explicit clarification of terms and procedures for the exercise of the same (see more precisely as specified below). Specifically, cancellation involves the return of the purchased products (when already delivered); products returned to Filobio S.R.L. must be intact and in original condition. Filobio S.R.L. will be held, upon verification of the products’ original condition, to refund the amount paid by the purchaser.
- Clear and comprehensive specifications regarding the legal guarantee of conformity of the purchased products.
- Filobio rules and conditions for after-sales service.
Filobio lists their corporate data below to provide clarity and transparency, and for related legal purposes. Filobio also undertakes to communicate such data on this site’s web pages, as well as in the transport documents included with the products.
Company: Filobio S.R.L., headquartered in Via Vivaro 21, 12051 Alba, Italy. Telephone: +39.0173.231825. Website: www.filobio.com; P.Iva and C.F. 03446080040; Reg. of Cuneo companies; REA: CN-291396.
Article 3 – Availability of products on the pages of the website www.filobio.com
Availability of Filobio articles and products in the quantities and characteristics indicated on the site refers to the time the online purchase order is completed.
This availability is in any case to be considered as indicative and not binding for Filobio S.R.L., due to the simultaneous presence of multiple users on the site, as products could be sold to multiple customers before confirming the order.
For these cases, albeit rare but possible, even after sending e-mail confirmation of the order, there may be partial or total unavailability of products or selected items. The order will be automatically adjusted by the system, with the elimination of any unavailable products; the customer will be immediately notified by e-mail as to their lack of availability.
Filobio will contact the customer to verify their intentions; the customer may request cancellation of the order by written e-mail notice; in this case Filobio S.R.L. will reimburse the amount received for the cancelled transaction within 14 days of Filobio S.R.L.’s receipt of the customer’s decision to terminate the contract.
The customer can also seek partial reimbursement, only for the value of the unavailable products, or agree with Filobio S.R.L. to replacement of missing items with other equivalent items to their choice and liking.
Filobio S.R.L. has the right to remove any product from its online shop at any time. Filobio shall endeavor to fulfill all orders; however, in exceptional conditions, Filobio S.R.L. could find itself required to refuse fulfillment of any order, at its sole discretion and without possibility of customer dispute, even after having already sent the Order Confirmation. Thus Filobio accepts no responsibility for the removal of any product from online store, even in the case of a completed order.
Article 4 – Conclusion of the sale and purchase agreement
The online sales contract is considered complete once Filobio customer service has sent an e-mail. This e-mail contains the following: – customer data – serial number – the price of goods purchased online – any applicable shipping costs – the delivery address to which the goods will be sent – a link to print and save a copy of these conditions.
The buyer is obligated to verify their personal data contained in the aforementioned e-mail, and, if needed, to communicate to Filobio S.R.L. any errors and corrections to be made.
Filobio S.R.L. shall present and describe its products available for sale online on its website as clearly, truthfully and completely as possible.
In any case, should there be small inaccuracies, errors, or differences between the site and the actual product delivered, descriptive text cannot in any case be considered a contract.
Likewise, photos and images in general on the site which describe or illustrate products for sale do not constitute a contract.
Article 5 – Prices
All prices of the products available for sale online listed on the Filobio S.R.L. site are in Euros and include VAT tax. Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchasing process before payment.
It is Filobio S.R.L.’s right at any time it deems necessary or appropriate to make changes and updates to prices. In any case, however, goods will be invoiced according to the prices listed on the site at the time the order is created and indicated in the e-mail confirmation sent by Filobio S.R.L.
Excepting in case of a computer, manual, or technical error, or an error of any other nature, which creates a clear substantial change in the normal conditions of sale, resulting in an exorbitant or clearly paltry selling price.
For the above case, of accidental cause unforeseen by Filobio S.R.L., the purchase order will be considered invalid and cancelled, and any amount paid by the customer will be refunded within 14 days from the day of cancellation.
Article 6 – Payment methods
Payments for online transactions in Filobio S.R.L.’s e-store can be made only by the following means of payment:
- Via credit cards or prepaid cards belonging to the circuits indicated on the relevant pages of Filobio S.R.L.’s website
- Via PayPal in the “secure payment” section.
- Via prepaid wire transfer, using the banking information indicated on the website.
- Via cash on delivery (C.O.D.).
Formalities and related conditions are specified on the site’s next page: Shipping and payment.
Communications relating to payment, as well as the data communicated by the customer, take place over secure lines.
The circuits on which you can purchase on the site are Visa, MasterCard, American Express, Postepay and PayPal
Once the order is confirmed, the customer will be redirected to the appropriate site, depending on the payment method selected; here you can pay using your account, using a credit card, or using whichever method is accepted by PayPal and subject to the relevant conditions.
Credit card data is managed directly from Stripe. The information is encrypted by use of encryption systems that prevent third party use, and are sent directly to the bank.
PayPal data is handled directly by PayPal. The information is encrypted using encryption systems that prevent third party use and are sent directly to the bank.
Article 7 – Shipping methods, customer agreement
Filobio S.R.L. will only accept orders for European delivery. For destinations outside the European Union, Filobio reserves the right to accept or reject the shipment. In this case Filobio S.R.L. will contact the customer with the specific shipping cost.
Products will be delivered either by courier or by post as indicated by the customer when ordering.
The delivery to the customer’s residence or to other selected address includes a contribution for the delivery cost.
The shipping fee contributes to cover delivery costs. Within Italy the fee is 6.90€ (inclusive of taxes), and is waived for orders totalling over 80€. For other European destinations the amount will change in reference Country destination.
Under these Conditions, delivery and hence the order will be considered complete upon signature at the delivery address as specified by the customer.
Any specific delivery details should be clearly indicated in the order notes by the customer, in order to avoid misunderstandings, delays, unsold merchandise or loss.
In case of non-delivery due to absence of someone to collect the package: after two unsuccessful delivery attempts, Filobio will contact the customer to agree on an appropriate mode of delivery; if there is no response and it is not possible to make a delivery, Filobio will return the package to its headquarters, until such time as new delivery terms shall be decided, the costs of which will be payable by the customer.
When delivered, the recipient is required to verify that the package is intact and undamaged. Only after verification should the customer accept the delivery, otherwise he or she is be obliged to reject the package. If the goods arrive at their destination damaged, Filobio S.R.L. is committed to provide for the replacement of the product at its own expense, if and only if the recipient has noted the damage in the presence of the courier who made the delivery, or if “CONDITIONAL ACCEPTANCE” is indicated on the receipt document.
Without prejudice to the actions to be taken against the carrier, any disputes regarding differences between the items received and items ordered or listed on the delivery note should be delivered to Filobio S.R.L. within 48 hours of delivery, by telephone at +39 0173 231825 or by sending an e-mail to customer service at email@example.com.
Article 8 – Timing of goods delivery
Delivery times may vary depending on the destination country and on other factors not directly controllable by not attributable to the Supplier. Indicatively and with the exceptions mentioned above:
- Within Italy, delivery is expected within 7 business days following its dispatch by Filobio S.R.L. per e-mail order confirmation
- Outside the Italian territory, in EU countries delivery is expected in about 10-14 working days from the order confirmation.
- To locations outside the European Union, Filobio will first quote the delivery cost; Filobio will contact the customer to determine the most suitable delivery solution.
In case of delivery problems or difficulties related to external events independent of Filobio, Filobio will promptly inform the customer.
Should the chosen payment method be bank or wire transfer, the delivery terms mentioned above are effective from the day following Filobio’s receipt of the amount due.
Article 9 – Exercise of right of cancellation/return
If the customer qualifies as a “consumer”, as defined and provided for in Article 3 of the Consumer Code, their rights are set out in ART.52 et seq. of the Consumer Code and Legislative Decree 21 of 21/02/2014. The customer therefore has the right to terminate the Purchase Agreement for whatever reason, without need for explanations or excuses, and without any resultant penalties.
The exercise of the right of cancellation must be implemented according to the specifications and means set out below.
- Cancellation can refer to all (Total Cancellation) or only a part (Partial Cancellation) of products that were the subject of the sale on Filobio’s online store.
- Products for which cancellation is possible are those purchased directly on Filobio S.R.L.’s online store site www.filobio.com 2. Garments purchased on other sites or at retail stores cannot be subject to cancellation. For these cases, contact the vendor from which you made the purchase. 2. Any objects or clothing sent to Filobio which are not proven to have been directly purchased on the site www.filobio.com, will be returned with shipping charges at the customer’s expense.
- The cancellation period shall expire after fourteen (14) days following the day on which the consumer or a third party other than the Carrier and indicated by the consumer acquires physical possession of the products (such period is the “Cancellation Period”).
- The products for which the customer is exercising their right of cancellation must be returned in the same condition in which they were sent and received. All original packaging, tags and labels must be returned. Should the retuned product(s) have been used beyond the mere opening of the package, or should they be damaged, the cancellation will not be accepted and therefore no refund will be made; instead the product(s) will be sent back to the customer. The customer is therefore required to treat purchased items with care and diligence. Exchanges can only be made for the same product in a different size and/or color. This is true unless otherwise agreed between the client and Filobio S.R.L.
- Shipping costs, and anything else required for product return to Filobio’s premises, will be the sole responsibility of the customer who has exercised his right of cancellation.
- The right of cancellation is exercised by sending – before the expiration of the withdrawal period as indicated above – an e-mail communication of cancellation to firstname.lastname@example.org.
- Contents of the Cancellation Notice: it must clearly specify the intention to cancel the purchase and to return the products. It must include relevant information for clear order identification (order number, date) and list the product(s) for which the customer exercises the right of cancellation.
- Activation of the product return procedure and of refund to the customer: Filobio will communicate by e-mail the receipt of the right of cancellation, and will request the necessary information in order to complete the cancellation. In order to facilitate and speed up the cancellation process, Filobio may request a telephone number for direct contact aimed at optimizing customer service.
- The return of products covered by the cancellation must take place within 14 (fourteen) days from the date on which the consumer has communicated their decision to cancel, pursuant to art. 52 of the Consumer Code just mentioned. This deadline will be met if the consumer sends back the goods before the expiration of the 14 days. Filobio’s refund of amounts paid is conditional upon receipt of the returned products and upon verification of their condition.
If the right of cancellation has been properly exercised in accordance with Articles. 52 et seq., Filobio S.R.L. will reimburse the customer/consumer the full amount paid. The refund shall be made pursuant to and according to art. 56 of the Consumer Code, as amended by Legislative Decree n. 21/2014, in the 14 days following notice of cancellation. However, Filobio reserves the right to withhold the reimbursement until the receipt of the goods and to verify their condition.
The amount will be refunded using the same method used for the payment of the purchase; alternatively, at its option, Filobio S.R.L. reserves the right, in case it is more convenient and for the purpose of expediting service, to provide reimbursement via bank transfer from Filobio’s credit institution to the bank coordinates indicated by the client.
Article 10 – Guarantee of legal compliance
In case of receipt of products either defective or not complying with the order, the customer is entitled to recovery free of charge by product repair or replacement. The customer can exercise this right if the defect becomes apparent within two years from delivery and denounces the defect to Filobio S.R.L. within two months of discovery. In case of defective or non-compliant articles, Filobio S.R.L. will bear the cost of shipping the product, and will, if the article is available, replace the defective product with a compliant product or refund the customer the product’s cost.
Article 11 – Use of Filobio’s online store
In making an order through Filobio S.R.L.’s online stone, the customer agrees to use of the website only to see the products and related content, or to make legally valid orders; therefore the customer agrees not to make false or fraudulent orders. If Fillobio S.R.L. detects fraudulent intent, it will cancel the order and inform the competent authorities. In order to be able to correctly execute orders received, the customer must provide Filobio S.R.L. with their true and correct e-mail address, postal delivery address and other contact details. Filobio S.R.L. reserves the right, should necessary information to place the online order be missing, to contact the customer to request the missing data, or if this is not possible, to not process the order due to missing essential delivery information.
The customer placing an order through Filobio’s online store guarantees to be at least 18 years of age, and to have the legal capacity and authority to enter into contracts.
Article 12 – Responsability
Filobio S.R.L. shall not be liable for failure to deliver within the timeframe provided here if this is due to force majeure or unforeseeable circumstances related to malfunctions and disruptions of the internet.
The customer has the right to access the website for inspection and for acquisition. Any other use, in particular commercial, of the site or of its content is not allowed. The entirety of this website’s elements, be they audio or visual, and the technology used, remain the property of Filobio S.R.L. and are protected by intellectual property law.
Article 14 – Information on procedure and on the processing of personal data
Under Article 13 of Legislative Decree no. June 30, 2003, n. 196, ‘Code concerning the protection of personal data’, personal data provided by filling in the necessary fields to make the purchase will be collected and processed at Filobio’s headquarters, which will operate as data controller. Outside Officers may be appointed for processing one or more procedural steps relating to order management. Data processing will be done in accordance with the law and solely for the purposes of management and execution of services related to the sale and purchase in the online store and all purposes incidental thereto provided as mandatory by the civil and fiscal laws.
The data so treated will be customer’s personal and identifying information; only freely provided data will be collected, as strictly necessary to execute the purchase. The data treatment can take place, in accordance with local regulations, with computerized and/or automated means, as well as for related administrative and accounting purposes. The provision of personal data and its processing are indispensable prerequisites for the execution and fulfillment of the purchase/sale. For these purposes and for any other related and/or subsequent to the law, the data may be disclosed to third parties designated by the owners for processing. For the purposes of compliance with the law on transparency of the procedures for managing personal information, all customers of the online store agree in advance to the treatment of aforesaid data, according to the law, on Filobio S.R.L.’s online store website.
At any time, customers who have given their data for the specific purposes mentioned above may exercise the rights provided by Article 7 of Legislative Decree. N. 196/2003 and request an updated list of those appointed in charge of the treatment from Filobio S.R.L.
Article 15 – Applicable laws and jurisdiction
These Conditions of Sale are subject to the laws and the legal system in force in Italy; when selling to other countries, the rules applicable to the business transaction will in any case be the Italian ones. In the event that one or more parts of these General Conditions of Sale would be void because they were contrary to law or otherwise unenforceable under the law, the other provisions remain in full force and effect in the rules governing contractual relations between Filobio and its customers on the online store.
Any dispute for which an amicable solution is not reached will be subject to the exclusive jurisdiction of the judicial authority of the customer’s home, if these cover the consumer according to the rules already mentioned and as long as the home is located in the State.
It is always possible and in any case preferable to use voluntary mediation procedures set out in Legislative Decree 28/2010 for the resolution of any disputes that arise in the interpretation and execution of these terms of sale.