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GENERAL SALES TERMS

Still4 Srl, with registered office in V.le dell'Industria 24D, 37135 Verona (Italy), is appointed by Franklin&Marshall Srl with registered office in Via Segheria 1H, 37033 Montorio - Verona, registered in the Verona Register of Companies under the Verona Economic Administrative Register No. 293335, VAT No. 02914760232, with complete outsourcing management of the online Franklin&Marshall collection referred to "FMESHOP" and the relevant e-commerce activities.

Article 1: Finalization of agreements

This agreement between Still4 Srl (Still4) and the Customer is understood to be finalized with confirmation of the order by Still4 according to the procedures and terms indicated in following article 2. Finalization of agreements entails examination and full acceptance of these general sales terms by the Customer.

If the Customer is a consumer then once the on-line purchase procedure is terminated he shall print or save an electronic copy and in any case preserve these general sales terms in accordance with the provisions of articles 3 and 4 of Legislative Decree 185/99 pertaining to remote sales.

Article 2: Purchase procedure

The Customer may only purchase the products in the on-line catalogue at the moment the order is sent in and which can be viewed on-line at the www.fmeshop.com address as described in the relevant information forms. The order shall be validly processed the moment the Customer receives, at the e-mail box he has specified, confirmation that payment for the order has taken place.

Correct order reception is confirmed by Still4 by an e-mail answer sent to the e-mail address notified by the Customer. This confirmation message carries the Date and Hour the order was carried out and a Customer order number to use in all further communications with Still4. The message reiterates all the data input by the Customer, all information related to the essential characteristics of the goods, the price, payment terms, withdrawal, delivery procedures and charges and applicable taxes. The Customer must check the correctness of this data and promptly notify any corrections according to the procedures described in this document.

Still4 guarantees prompt notice to the Customer in case of failure of the order to be accepted.

Article 3: Prices

Products are sold at the list prices valid the moment the order is placed by the Customer. Prices for EUROPEN shipments are understood to include VAT and are net of delivery charges which are calculated the moment the order is placed. Prices for EXTRAEUROPEN shipments are understood to exclude VAT and are net of delivery charges calculated the moment the order is placed.

Article 4: Shipping procedures
1) Shipping info about ITALIAN customers

Still4 Srl uses the transport Company BARTOLINI Spa for shipments. To contact BARTOLINI turn to the closest Bartolini Operating Center http://www.bartolini.it/sx_assistenza/filiali/index.asp and specify the name, address and city where the delivery will be carried out.

An e-mail confirming shipment will be sent to the customer the moment the package is picked up from our warehouses by BARTOLINI.

To know more about shipping costs and delivery time click here. Calculation of delivery times excludes non-working days (Saturday, Sunday, holidays and pre-holidays).

Order collections are processed on working days at 7:00am CET or CEST (depending on italian DST).

If, at the time of delivery, the ordering party is not present at the specified address then the transport company will leave a notice and will contact the ordering party to arrange delivery. It iSrl possible to contact the carrier BARTOLINI by telephone to know the delivery time after the first delivery was unsuccessful. Call the corresponding office number: http://www.bartolini.it/sx_assistenza/filiali/index.asp and specify the name, address and city of delivery.

It is not possible to inspect inside the package at the time of delivery. But whenever the Customer discovers abnormalities (box open or visibly damaged) he can reject delivery and specify the reason. He must then contact Still4 at the e-mail address customercare@fmeshop.com to describe the reason for rejection.

Still4 shall not be held liable for damages subsequently claimed by the Customer whenever the package was damaged during shipment but was accepted in any case given that order collection was certified to be whole.

2) Shipping info about EUROPEAN and EXTRAEUROPEAN customers (except ITALIAN)

Still4 Srl uses transport Company UPS for shipments.

An e-mail confirming shipment will be sent to the customer the moment the package is picked up from our warehouses by UPS.

To know more about shipping costs and delivery time click here. Calculation of delivery times excludes non-working days (Saturday, Sunday, holidays and pre-holidays).

Order collections are processed on working days at 7:00am CET or CEST (depending on italian DST).

If, at the time of delivery, the ordering party is not present at the specified address then the transport company UPS will leave a notice and will contact the ordering party to arrange delivery. It iSrl possible to contact the customercare@fmeshop.com to know more about your package.

It is not possible to inspect inside the package at the time of delivery. But whenever the Customer discovers abnormalities (box open or visibly damaged) he can reject delivery and specify the reason. He must then contact Still4 at the e-mail address customercare@fmeshop.com to describe the reason for rejection.

Still4 shall not be held liable for damages subsequently claimed by the Customer whenever the package was damaged during shipment but was accepted in any case given that order collection was certified to be whole.

3) Import duties and taxes

This term is purely as an indication. No indemnity may be requested of Still4 in case of damages due to delivery delay, interruption, total or partial suspension. This iSrl valid in case of delays, stoppages or suspensions due to causes that may alter the procurement and distribution process such as: stoppage in work, industrial unrest, delays ascribable to suppliers, energy failures, transportation stoppage, etc..

Still4 shall issue a receipt for the material shipped for every order carried out, sending it by e-mail to the ordering party in accordance with article 14 of the Presidential Decree 445/2000. Receipts shall be issued according to the information provided by the Customer when placing the order. No variations to the receipt will be possible once the receipt has been issued.

Delivery charges are to be paid by the Customer and are calculated when the order is made. The Customer shall pay for goods according to the terms available at the time of placement of the order.

The Customer is required to check, when the goods are delivered by the carrier, that packing is whole and undamaged.

Any damages must be immediately notified to the carrier who carried out the delivery. Once the Customer has signed the carrier's document he cannot place any claims about the exterior characteristics of what was delivered.

Any problems incidental to the physical integrity, matching or completeness of the products received must be notified within 7 days of delivery according to the procedures envisaged in this document.

The order shall be automatically cancelled in case of failure to collect goods stored in the carrier's warehouses within 5 working days because of the repeated impossibility of delivering to the address specified by the Customer when placing the order.

Shipments made in the following countries: Argentina, Australia, Brazil, Canada, China, Croatia, Hong Kong, Iceland, India, Indonesia, Japan, Kuwait, Liechtenstein, Malaysia, New Zealand, Norway, Philippines, Singapore, South Korea, Spain (Canary Islands), Spain (Ceuta/Melilla), Switzerland, Tahiti, Taiwan, Thailand, Turkey, United Arab Emirates, United States may be subjected to import duties and taxes, which are levied once your package reaches the country. Still4 doesn't know the amount of import taxies and duties, that are responsibility of the recipient.

Article 5: Payment terms

The Customer can pay using a Credit Card or Paypal. At the same time the Customer is placing the order the reference Bank shall authorize the charge to the Customer's credit card. If the Customer exercises the right of withdrawal, according to the procedures set out in following Article 6, the amount previously charged by the operator of the Credit Card shall be credited to the bank current account specified by the Customer, with the exclusion of shipping charges that have already been incurred.

Article 6: Right of withdrawal
  1. 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, a VAT No. reference) then in accordance with article 5 of 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 6.3
  2. The Customer, to exercise this right, must send Still4 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:

    Still4 Srl
    (Customer service Franklin&Marshall)
    V.le dell'Industria 24 D
    37135 Verona (Italy)
    customercare@fmeshop.com

    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.

  3. 3. 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 their 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.

  4. 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), still 4 will refund to the customer all the amount except for the freight charges within 14 days after receipt of the returnet material. The reimboursament will be made by Still 4 on the credit card used by the customer.
  5. 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:

    1. the original internal packing and/or external packaging are missing;
    2. accessory product components are missing (accessories, parts, ...);
    3. the product is damaged for causes other than its transport.

When the right of withdrawal is cancelled Still4 shall return the purchased goods to the Customer, charging him for shipping charges.

Article 7: Claims

All claims must be addressed to:

Still4 Srl
(Customer service Franklin&Marshall)
V.le dell'Industria 24 D
37135 Verona (Italy)
customercare@fmeshop.com

Article 8: Privacy

We hereby inform that, to all intents and purposes of art. 13 of Legislative Decree No. 196 dated June 30th, 2003, the personal data provided by the Customer to Franklin & Marshall are processed by them, by procedures including automated procedures, by being introduced into the customer archives and that they are necessary for conclusion of a contractual relationship and for all following procedures of a civil, tax or managerial nature.

Provision of data is facultative: failure to provide, however, makes it impossible to stipulate a contract.

Customer data may be notified, for the same collection purposes, to companies of the group, commercial partners and also to subjects entrusted with outsourced services. The owner of data processing is Franklin & Marshall, with registered office in Via Segheria 1/h - 37141 Montorio (VR).

We inform you that, in accordance with the provisions of art. 7 of the aforementioned Legislative Decree, the Customer shall be entitled, among other rights, to obtain:

  • confirmation of the existence of personal data that concern him;
  • cancellation, transformation into an anonymous form or blockage of data that has in case been processed in breach of the law;
  • updating, correction or completion of data.

The Customer may exercise the rights under art. 7 by writing to: customercare@fmeshop.com

Article 9: Applicable law and Court of jurisdiction

This contract is governed by Italian Law.

Territorial jurisdiction, for settling civil and penal disputes arising from conclusion of this Contract, is that of the court of reference of his residence City if the Customer is a consumer. In all other cases the territorial of jurisdiction is the Court of Verona.