Premise
This information is provided for the site “www.furybags.it” (Site) owned by Effetti di Filippo Toccafondi, with headquarters in Via Piero della Francesca 24, registered with the Chamber of Commerce of Prato with VAT no. 02411510973, CF TCCFPP89D11D612A, Rea Number PO - 533045 (Society).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Company that may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. The Company is not responsible for the provision of services and/or the sale of products by such parties. The Company does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Company is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site, including during the purchase procedure.
Art. 2. Purchases on the Site
2.1 Purchasing on the Site
- It can also happen without registering on the Site
- It is permitted both to users who have the status of consumers and to users who do not have this status.
2.2 Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that the quality of consumers is that of natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.
2.3 To avoid hoarding, you cannot purchase more than 3 pieces of the same item in the same order. You cannot purchase more than 4 items per order. You must contact us privately before proceeding.
2.4 Under no circumstances may resellers, wholesalers or, in general, anyone who intends to make purchases for the purpose of subsequent resale, make purchases on the Site. It is therefore prohibited for such individuals to make purchases on the Site.
2.5 In the event of orders, from whomever they may come, which appear to be anomalous in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to put an end to the irregularities.
2.6 The Company reserves the right to refuse or cancel orders that come from:
- from a user with whom the Company has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- from a user who has been involved in crimes
- by a user who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the documents requested by the Company or who has sent invalid documents.
Art. 3. Registration on the Site
3.1 To register on the Site you must fill out the appropriate form, entering the following data:
- name
- surname
- password.
3.2 You undertake to inform the Company immediately if you suspect or become aware of any improper use or disclosure of your access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Company to proceed with the disabling of the user's account.
Art. 4. Information aimed at the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:
- To conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Company, electronically, following the instructions that will appear from time to time on the Site.
- the contract is concluded when the order form reaches the Company's server
- Once the order form has been received, the Company will send you an order confirmation to the email address indicated, containing:
- information relating to the characteristics of the purchase
- the price indication
- the indication of the means of payment used
- the indication of delivery costs
- the indication of the delivery term
- the indication of delivery costs and any additional costs.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 The Site contains information regarding the availability of each Product.
5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code.
5.4 Alternatively, you may accept:
- if restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery term.
5.5 If a refund is requested for the amount paid for the purchase of Products which subsequently prove unavailable, the Company will make the refund within a maximum of 1 day.
5.6 In the event that you avail yourself of the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Company will refund the Total Amount Due in accordance with the provisions of the “Payment Methods” article below.
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or computers used by you to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be considered indicative and with the tolerances of use.
Art. 7. Prices
7.1 All Product prices published on the Site are inclusive of Value Added Tax.
7.2 The Company reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
Art. 8. Purchase orders
8.1 The Company will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
8.2 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled as a result.
Art. 9. Payment methods
9.1 The following payment methods are accepted on the Site:
- Payment card
- PayPal
- Mark
- Bank transfer
- Payment in 3 installments (Scalapay)
9.2 The Company accepts credit cards from the following circuits:
- VISA
- MasterCard (Cirrus Maestro)
- PostePay
- American Express
- CartaSì
- V-Pay
In any case, they are indicated in the footer of each page of the Site.
On the Site you will have the possibility to authorize the storage of the payment card data entered and their reuse for the payment of subsequent purchases on the Site. You may revoke the authorization to reuse the payment card data for subsequent purchases by following the instructions on the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued authorization for the charge.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time the order is transmitted.
9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.it where the payment will be made in accordance with the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Company. The latter is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.
In the case of payment via PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to you will be credited to the PayPal account of the same. The times of crediting to the payment instrument linked to such account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of such account, the Company cannot be held responsible for any delays or omissions in crediting the reimbursement amount, to contest which you must contact PayPal directly. Any type of reimbursement to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
9.4 If you choose to pay by cash on delivery, we inform you that an additional cost of €5.00 will be applied to the entire shipment, or the different amount indicated from time to time on the Site. If you choose to pay by cash on delivery, upon delivery of the Products you must have the amount indicated in the purchase order in cash (the courier is not authorised to accept cheques and cannot give change): failing this, the purchase contract will be deemed terminated by operation of law pursuant to and for the purposes of art. 1456 of the Civil Code. You will be notified of the termination of the contract and the consequent cancellation of the order.Any refund to be made under these General Conditions of Sale will be made by bank transfer to the bank details provided by you.
9.5 In the event that you choose bank transfer as your payment method, the Company, once it has received your order, will communicate to you by email the bank details and the deadline for making the transfer. The email may contain a request to send by email the receipt of the transfer made or the confirmation of its completion.
In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will run from the date of receipt of the bank transfer by the Company and not from the date of transmission of the order, as occurs in the case in which you choose other payment methods.
Please indicate the following information in the reason for the transfer:
- the order reference number.
From the time of placing the order, you must arrange payment within 1 working day. Failing this, the Company reserves the right to cancel the order within the following 2 working days.
9.6 In case you choose the payment by installments service (Scalapay), please read the information section
Art. 10. Delivery of Products
10.1 There are no limitations on delivery, except in cases where indicated on the Site and/or in the Product Sheet.
10.2 The delivery within the national territory is free of charge. International delivery costs €10.
10.3 From the date of sending the order, the Products will be delivered within 7 days (in the case of shipments within the national territory). In the event of failure to indicate a specific delivery date, it will, in any case, take place within thirty days from the date of conclusion of the contract. In the event that a product is deposited in storage, the agreed storage hold cannot exceed 3 working days.
10.4 It is your responsibility to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the rules regarding the right of withdrawal (if applicable for the Product) and the legal guarantee of conformity remains unchanged.
10.5 If the order does not arrive at its destination within 7 working days of departure, a regular complaint procedure will be opened with the company responsible for delivery. Any refunds or new shipments will be made after the package is officially registered as "lost" by the same company. The maximum waiting time cannot, however, exceed 30 days from the opening of the complaint.
Art. 11. Right of withdrawal
11.1 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product;
c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
d. in the event of an order placed by the Customer in error, the order may be cancelled within 6 hours.
e. The right of withdrawal is not valid for personalized items and/or products with a limited number of items (e.g. pre-orders)
11.2 To exercise the right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner:
E-mail: info@furybags.it
E-mail: shop@furybags.it
Whatsapp (Chat): +39 3317128960
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on you, it is in your interest to use a durable medium when communicating your withdrawal to the Company.
11.4 In case of exercising the right of withdrawal, you must deliver the Product to the operational headquarters of the Company.
11.5 The direct costs of returning the Products are your responsibility as well as the responsibility for their transport. In the case of Products that by their nature cannot normally be returned by post, in the standard instructions on withdrawal (Standard Instructions on Withdrawal) the maximum estimated cost of returning such Products will be indicated.
11.6 If you withdraw from the contract, the Company will refund the Total Amount Due, net of the contribution made by the Company for sending the completed and prepaid waybill by email (equal to €10), with home collection service (if active and available) without undue delay and in any case no later than 14 calendar days from the day on which the Company was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction.
In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier.
11.7 You are solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.8 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Company reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Company will notify you of the circumstance and the resulting decreased refund amount within 1 day of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product.
11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable law, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Company will notify the user within 1 (working) days of receiving the Product, rejecting the request for withdrawal. The Product will remain at the Company's disposal for collection, which must take place at your expense and under your responsibility.
11.10 In the event that, in accordance with one of the legal hypotheses, the right of withdrawal does not apply, such exclusion will be specifically and expressly communicated on the Site.
11.11 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product with a value of 150.00 Euros, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be refunded may never exceed the amount actually paid.
Art. 12. Legal Guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
Who it applies to
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes other than their entrepreneurial, commercial, artisanal or professional activity.
When it applies
The Company is liable to the consumer for any lack of conformity of the Product which becomes apparent within two years of such delivery.The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.
In order to benefit from the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can certify the date of purchase (for example the payment card statement) and the date of delivery.
In the event of termination of the contract, the Company will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Company will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Company is not responsible for any damages of any nature whatsoever resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from fortuitous events or force majeure.
Art. 13. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
13.1 Purchase contracts concluded through the Site are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved.
13.2 Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of this document shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
13.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arising, the Company will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in art. 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to avail himself/herself of such bodies to resolve the dispute itself.
13.4 The Company also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established.The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.
13.5 In any case, the consumer user's right to bring the dispute arising from these General Conditions of Sale before the competent ordinary court remains intact, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
13.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
Art. 14. Customer service and complaints
You can request information, send communications, request assistance or forward complaints by contacting the Company using the following methods:
- by email, to the following address: info@furybags.it
- via Whatsapp chat at the following number: +39 3317128960.
The Company will respond to complaints submitted within 2 days of receiving them.
Art. 15. Miscellaneous
- 15.1 In any case, it is understood that the images accompanying the description of a Product (or in any case indicated in the Product Sheet) are for information purposes only and may not be perfectly representative of its characteristics but may differ for example in color and size (also due to the browser and monitor used to access the Site and view the images). As for the possible presence of logos or stamps placed on the outside of the item shown. Any points of light present on the demonstration images may occur due to the flashes used during the photo shoot. Further chromatic differences may occur due to exposure to the sun (e.g. images taken outdoors) or by virtue of the independent coloring bath to which the items referred to in the description with "garment-dyed" leather are subjected. The packaging, on the other hand, is aimed at protecting the chosen item and may differ from any advertising videos for example in shape, color or internal arrangement of the package.
- 15.2 If the delivered Product presents defects other than those relating to the structure and type of workmanship of the object, the Company undertakes to replace the item with the same model chosen by the customer (if available) at no additional cost.
- 15.3 We remind you that in case of exercising the right of withdrawal (valid for national orders), the Company reserves the right to send the courier at its own expense to collect the goods (to the primary destination address of the order). The refund will be paid within 14 days from the return of the goods to the premises, net of the cost of the return service (previously communicated).
- 15.4 We remind our customers that it is not permitted to benefit from a personal promotion (Gift Voucher or Discount Code) more than once, reserved for a single use (e.g.Welcome discount).
- 15.5 In case of an order made as a reservation (Pre-Order), any cancellation may be requested no later than 2 days after confirmation.
It is also understood that the timing communicated for the end of production may not be respected (for reasons attributable to normal production processes that may encounter delays not dependent on our craftsmen) up to a maximum of 20 working days (from the date indicated at the time of the order). In the event that the product is not completed by this date, a full refund will be issued, or, alternatively, a gift voucher of equal value. Orders marked as "Pre-orders" are productions manufactured in a limited number, with the consequent obligation to collect. - 15.6 If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV Srl, related parties and their assignees, and that you authorize such assignment.
