In accordance with Consumer Code Legislative Decree dated September 6th, 2005, No. 206 with special reference to articles 50 and following of which Title III "Contractual procedures", Heading I "Special contract conclusion procedures", Section II "Remote Contracts"; Legislative Decree No. 205 dated September 6th, 2005 Consumer Code; Legislative Decree No. 70 dated April 9th, 2003 Enactment of Directive (EC) No. 31/2000 concerning Electronic Commerce; Legislative Decree No. 114 dated March 31st, 1998, Amendment of regulations related to Commerce.
Still4 s.a.s., with registered office in Italy, Viale dell'Industria 24/D, 37135 Verona (Italy) and working headquarters in Viale dell'industria 24/D, 37135 Verona (Italy) (VAT No. and Tax Code: 03704210230), is the seller of the products present in the on-line catalogue of the www.fmeshop.com web site. Registration in the Verona Chamber of Commerce under the Economic Administrative Register No. VR-358636
Still4 s.a.s. solicits purchase proposals for the products in the on-line catalogue of the www.fmeshop.com web site. Acceptance of the Customer's order is confirmed by e-mail and is subject to availability of the product.
- Registration: In order to purchase the products in the on-line catalogue of the www.fmeshop.com web site, the User must first of all register as a Customer. To do this he must click on the "New user" caption and follow the registration procedure.
- Product selection procedure: before you start the purchase procedure you must first select the products you intend to purchase. A "SHOPPING CART" item is evidenced on the form page for each product. This item carries the number of products loaded in the shopping cart: to add a product to the shopping cart you must select the size and then click on the "ADD TO SHOPPING CART" push-button located on the lower right side of the product form. This procedure must be repeated for every product you intend to purchase.
- Purchase procedure: clicking on the "GO TO SHOPPING CART" push-button or directly on the "Shopping cart" link at the top right starts the order procedure. The procedure is composed of 5 phases. Phase "1. Shopping Cart" summarizes the products put in the shopping cart, the sizes and quantities. During this phase you can still eliminate a product from the shopping cart or change the quantities being ordered. Important: changing the quantities must be confirmed by pressing the "UPDATE" push-button before proceeding to the next phase by pressing the "PROCEED" push-button. Shipping charges are also shown in this phase and may be recalculated in function of the quantity of articles put in the shopping cart. Phase "2. Your data" once again gives the Customer's data valid for payment. In this phase you can intervene on the data. Keep in mind that a change in this data entails a change in the data stored in the Customer profile. Phase "3. Delivery" gives the data for order delivery. This may be different from Customer data in case of delivery to another person, another address, etc. Or you can simply specify, in the "Delivery to" field whether it is a delivery to a work site, specifying the name on the doorbell. When ordering several articles you can use the partial order carrying out option. In this case the Customer, following the order, will receive notice when the non-deliverable products will be available and permit delivery of the order even if it is not complete. If this possibility is cancelled then an incomplete order will not be carried out and the Customer will be notified thereof by e-mail. Phase "4. Terms" illustrates payment modes and sales terms. In order to proceed to the next phase, it is necessary to accept the general sales terms by clicking on the push-button at the bottom of the page. Phase "5. Summary" once again gives data regarding the user and the products purchased. Then next phase envisages sending to the order acceptance area and then to the arranging area and then to payment. Still4 s.a.s. uses Banca Sella for this service.
- Conclusion of the contract: The purchase contract is understood to be concluded with acceptance, even partial, of the Customer's order by Still4 s.a.s.. Acceptance is expressed by confirmation sent to the e-mail address specified by the Customer. The confirmation message carries the date and time of carrying out of the order and a "Customer Order Number" to be used for every further communication with Still4 s.a.s. The message reiterates all the data input by the Customer who undertakes to check that it is correct and to promptly notify any corrections. After terminating the on-line purchase procedure, the Customer must print or save an electronic copy of his own order and the relevant confirmation and in any case preserve current general sales terms. The invoice, if requested, will be included in the order.
Products are sold at the list prices valid the moment the order is placed by the Customer. Prices are understood to include VAT and are net of delivery charges. Prices may undergo variations even without prior notice.
- If the Customer is a consumer (viz. a natural person who purchases the goods for purposes that do not relate to his own professional activity, or rather he does not make the purchase specifying, in the order form to Still4 s.a.s., a VAT No. reference) then in accordance with article 5 Decree Law 185/1999 he is entitled to withdraw from the purchase contract for any reason whatsoever without the need to give explanations and without any penalty without prejudice to what is specified at following point 4.3
- The Customer, to exercise this right, must send Still4 s.a.s. a written notice of this intention within 10 working days of date of receipt of the goods. This notice must be sent by registered letter with return receipt addressed to:
- The right of withdrawal is in any case subject to the following conditions:
- the right shall apply only for the entire purchased product;
- the goods purchased must be whole and returned in its original package, complete in all their parts (including packaging and documentation (if any), etc...);
- in no case shall labels or adhesive tapes be applied directly onto the original product package;
- shipping charges for return of the goods are to be charged to the Customer;
- shipment, until certification that receipt by our warehouse has taken place, is under the entire responsibility of the Customer.
If the goods are damaged during transportation Still4 shall notify the Customer thereof (within the 5th day of receipt of the goods at its own warehouses) so as to permit the Customer to promptly give notice to the carrier he selected and obtain refund of the value of the goods (if insured). In this case the product will be made available to the Customer for return, simultaneously cancelling the request for withdrawal. Still4 in no way answers for damages or theft/loss of goods returned by uninsured shipments. When the product arrives (at the warehouse), it will be inspected to evaluate any damages or tampering not caused by shipment. Whenever the original packaging and/or packing are damaged, Still4 shall deduct a percentage from the refund, in any case not greater than 10% of the value of the refund, as compensation for restoration costs.
- Except for any charges for restoring damages caused to the original packing, Still4 shall refund the Customer the full amount that has already been paid, with the exclusion of shipping charges, within 14 days of return of the goods, doing so by Bank Transfer. In this latter case the Customer must promptly provide his bank data in order to obtain refund (ABI - CAB Codes - Current Account of the addressee of the invoice).
- Right of withdrawal is totally cancelled, due to lack of the prerequisite of the wholeness of the goods (packaging and/or its contents), in all those cases where Still4 ascertains that:
- the original internal packing and/or external packaging are missing;
- accessory product components are missing (accessories, parts, ...);
- the product is damaged for causes other than its transport.
Still4 s.a.s.
(Franklin&Marshall Customer Service)
V.le dell'Industria 24 D
37135 Verona (Italy)
or by telegram or e-mail again sent within the aforementioned term of 10 days and followed up by confirmation by registered letter with return receipt, sent absolutely within the following 48 hours. Once the above-mentioned withdrawal notice has been received the Still4 Customer Service shall promptly give the Customer instructions for return of the goods which must be received by Still4 within 10 days of the date of authorization.
When the right of withdrawal is cancelled Still4 shall return the purchased good to the Customer, charging him for shipping charges.
All claims must be addressed to:
Still4 s.a.s.
(Franklin&Marshall Customer Service)
V.le dell'Industria 24 D
37135 Verona (Italy)