Introduction | effectiveness of the general conditions
- The General Conditions of Sale (hereinafter, the General Conditions of sale) have as object the purchase discipline of products and services, maintained and made available through the site fair-store.it and fair-store.com (hereinafter, the Site).
- The products available on the Site are sport and hunting articles, accessories and clothing and the services available on the Site are those related to sale these products. All products and services offered are showned in detail on the home page in the Site (fair-store.it e fair-store.com) in the right sections, distinguished in the right cathegory.
- The Site owner is F.A.I.R. S.r.l, with legal residence in 25060 Marcheno (Brescia) Italy Via Gitty, 41, P.I. 01689070983, registered on the Brescia’s registry of business.
- All the purchases made through the Site by users who have access to it (below, the Customer) are governed by these Terms of Service and any other relevant instructions set out on the Site. In case of conflict between rules, instructions or operating procedure the rules contained in the Terms of Service will prevail.
- All the operations and general conditions that will be permitted to the Customer notwithstanding the General Conditions of Sale, will be efficient only if F.A.I.R. S.r.l. will be accepted this condition notwithstanding in writing.
- The regulations of these Terms of General Condition of Sale will be applied equally to all Customers, except for those conditions applied just for Consumer Customer. “Consumer Customer” implies a natural person that buys products and services offered from the Site for target that doesn’t include business and professional activity; in respect to the General Conditions, a “Consumer Customer” is not that Customer who sends an order introducing the VAT number in the personal data section on the Site. To the Consumer Customer that stipulates contracts will be applied the artt. 50 and 63 from D. Lgs n. 206/2005.
- F.A.I.R. S.r.l. invites each customer to read carefully before making each step of the procedure downloads, these Terms of Service and save them in electronic copy.
- F.A.I.R. S.r.l. may change at any time and without notice, the contents of the Terms of Service referred to herein. Any amendments made take effect from the date of publication on the Site, as declared in the header of the Term of Service.
- The customer may access the Service in the electronic catalog of fair-store.it and fair-store.com, as detailed on the home page of the Site (fair-store.it and fair-store.com) and described in the relevant information sheets contained in the site, respecting the procedures access techniques described herein. The publication of the products and the services displayed on the Site constitutes an invitation to the customer to submit a contract proposal to provide the Service. The download order sent by the customer has the value of a contract proposal and involves the full knowledge and full acceptance of these Terms of Service.
- The presence of the correct reception of the proposal is confirmed to the Customer by fair-store.it and fair-store.com with an automatic response sent to the web page of the site from which the Customer operates in order to access the service as well as an automatic reply sent to the email address supplied by the Customer. The answer by fair-store.it and fair-store.com is generated automatically by the system of the Site and confirms the correct reception of the proposal within the information systems. This message of confirmation will specify a “Customer Order Number” that is going to be used for all further communication with fair-store.it and fair-store.com. The message proposes, as well as the information mandated by law, all Customer datas who will check and will communicate all possible correction.
- Each order can be viewed from the Customer on the Site, in personal section, immediately after the same order is been sent.
- Each Contract stipulated among fair-store.it and fair-store.com and the Customer will be concluded with the acceptance by fair-store.it and fair-store.com. fair-store.it and fair-store.com have the right to accept or reject, in its discretion, the order sent by the Customer, without that the latter could make claims or rights whatsover, for any reason, including compensation, in case of rejection of the order. The acceptance by fair-store.it and fair-store.com is believed tacitly granted, unless otherwise to the Customer within 48 hours after the order, by means of an e-mail sent to the address supplied by the Customer.
- By placing an order for download, in the manner prescribed by the instructions of the Site, the Customer represents to have read all information provided during the delivery of service and to accept the Terms of Service and payment as described below.
- All prices of products are clearly specified on the Site and are inclusive of VAT. These prices do not include additional and different taxes, levies or duties placed by relevant applicable laws, such as those provided in the import phase. This, if necessary, the Customer will be required to clear customs and pay import duties and taxes (other than VAT) as provided for importing Country.
- When a product is shown in areas not addressed to the purchase or without the notice “Add to cart” or “Buy it now”, we mean that are not available for the sell through the Site.
- The prices and the availability of products on the Site are subject to change at any time and without notice. Considering the possible simultaneous access to the Site of many customers, the availability of individual products may vary during the same day compared with the indications previously given on the Site. Only the orders being accepted or accepted by fairstore.it and fair-store.com will apply the conditions when the order was made by the Customer.
- On the Site are shown all the products for the shipment. This availability doesn’t keep up to date; so the real availability could change within a day’s time compared with the dispositions on the Site. fair-store.it and fair-store.com doesn’t assure the certainty of the delivery of the products bought and shown on the Site like available, they will not be responsible of possible delay.
- If the delivery time of the product ordered undergo a delay, fair-store.it and fair-store.com undertake to give a notice to the Customer through an email.
- The prices of every shipment will be added up to the final prices of each purchase Contract and it will be shown and told to the Customer, through the Site, before the end of the Purchase Agreement; this price will be specified in the personal area until the order will be expedite.
- The products displayed on the website coincides to the real picture of the products and it has the aim to represent them just for selling, without any guarantee by F.A.I.R. S.r.l about the right conformity of the picture displayed on the Site with the real product; and this concerns the real size and/or the color of the cover or package.
- The illustrations and description are intended as a general guide only and must not be taken as binding. The company, therefore, reserves the right to make, at any moment and without notice,any changes it thinks necessary to improve its models or to meet any requirements of manufacturing or commercial nature.
- The payments through the Site may only be made by credit card or Paypal account.
- The Customer will due to the courier no more than what was stipulated on the Purchase Agreement at the delivery act.
- If the Customer does not pay the amount due the Purchase Agreement, for any reason or cause, fair-store.it and fair-store.com will invite the Customer in writing to pay shall be entitled to charge him/her the penalty interest allowed by law; in that case, as long as the Customer shall regularize his balance with fair-store.it and fair-store.com, the latter will keep the right to cancel any further deliveries of products, to resolve any purchase agreement in place, as well as block the functions of purchase through the Site, without prejudice to ask for compensation for any further damage.
Returns and documentation
- All deliveries of the products will be at risk of fair-store.it and fair-store.com. The risk will be transferred to the Customer at the time of delivery by the courier designated by fair-store.it and fair-store.com for the delivery.
- Any responsibilities could be charge from the Customer to fair-store.it and fair-store.com in case of delay of the delivery.
- For each Purchase Agreement executed through the Site, fair-store.it and fair-store.com will issue an invoice wich will contain the VAT number, in the case of Customers who have inserted at the registration on the site or subsequently updated. The invoice will be issued and send to the Customer from TEAMECOMMERCE s.r.l. – Via Roma n. 50/R – 24060 CREDARO (Bergamo) to the email provided by the Customer at the time of registration on the Site or at the conclusion of the Purchase Agreement in accordance with the law art. 14 D.P.R. 445/2000 and DL 52/2004. No change in the invoice will be possible after the issuance, nor will it be possible to issue an invoice after the conclusion of the Purchase Agreement to Customers who have not provided their VAT before the conclusion.
- The delivery of goods from fair-store.it and fair-store.com is made by the roadside. Upon delivery of the products by the courier, the Customer is required to check that the delivered products correspond to those under the Purchase Agreement, that the number of packages delivered corresponds to that indicated in the delivery note and that the packagings are intact, not damaged or otherwise altered.
- In case of mismatch of packagings, products or of the number of packages, or in case of damage to the packagings, the Customer shall write “PROVISIONALLY ACCEPTED” on the delivery receipt of the Courier. In addition, the Customer agrees to promptly report to fair-store.it and fair-store.com (sending a message trhough the “contact” session on the Site) all the problems, if any, regarding the physical correspondence or completeness of the received products and in case within 8 (eight) days from the date of delivery.
- In order to allow the delivery of the ordered products, the presence of the Customer or his representative is always required in the place indicated by the order and on scheduled delivery day. In the absence of the Customer (or of his representative), the Courier will leave a notice for the second delivery the next business day and a telephone number in order to agree a different delivery date. After 72 hours if the courier is not contacted, the products will put at the warehouse and a further charge for the Customer by fair-store.it and fair-store.com depending on the quantity of warehouse days. A fair-store.it and fair-store.com person in charge will contact the Customer. In case of merchandise never collected, fair-store.it and fair-store.com will refund the Customer, the amount will be equal to the price less the cost of shipping adding the cost to the return of the products to fair-store.it and fair-store.com.
- In case of “force majeure” lack of means of transport, as well as unforeseeable or unavoidable events that cause a delay in delivery, or make deliveries difficult or impossible, or to cause a significant increase in the cost of the delivery charged to fair-store.it and fair-store.com, fair- store.it and fair-store.com will be entitled to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In such cases, fair-store.it and fair- store.com provide timely and adequate notice of its determination to the email address specified by the Customer and will be entitled to refund any amount already paid, excluding any further claims, for any reason, against fair-store.it and fair-store.com. If the Purchase Contract is made during the national festivity in August, products couldn’t been delivered by fair-store.it and fair- store.com within the standard procedure of delivery (at about 10 days).
- We don’t accept delivery to different addresses compared with that indicated on the personal data, requests to deliver in a specific time or to be contacted before the delivery. If these requests will be inserted in the note place, they will not be considered.
- Regarding the free delivery that is established by fair-store.it and fair-store.com, they mean the delivery on the ground floor; if the delivery is made by the courier on different floors, fair-store.it and fair-store.com will apply an extra charge for the delivery. The free delivery does not include foreign delivery, for the latter will be made a specific budget depending on the Country.
Right of withdrawal
- Fair-store.it and fair-store.com recognize the right of withdrawal as axcepted from the norms in force. The request for withdrawal must be sent no later than 10 (ten) days from the date of receipt of the goods. In order to exercise the right of withdrawal, the Customer must download and send its intention to exercise the right of withdrawal and the details of the Purchase Agreement in relation to which it intends to exercise it. Along with this form, the Customer shall shipping and return the products, at its sole expense and care, through a courier of his choice and it will be substantially intact and in a normal state of preservation. The packaging must be returned no later than 10 (ten) days from the date of delivery, print the address of fair-store.it and fair-store.com and apply it on the package rendered. Within 14 (fourteen) days from the delivery of the form of withdrawal and once verified the integrity of the returned products, fair- store.it and fair-store.com will refund the Customer the entire price of the products for which the right of withdrawal has been exercised (including both the price and the cost of shipping). Refund will be made by transfer back the amount charged by bank transfer, in accordance with the relevant instructions and bank details specified by the Customer himself. The Customer shall spend just the shipping costs from the courier from his address to fair-store.it and fair- store.com registered address. fair-store.it and fair-store.com is not responsible in any way for damage or theft or loss of the goods returned; each relevant risk therefore remains in the sole responsibility of the Customer. The product returned must be whole, intact and in normal state of preservation.
Guarantees in the event of a defective product
- Until the end of two years from the delivery of the products, fair-store.it and fair-store.com is accountable to its Consumer Customer, under Articles. 130 and 132 of Legislative Decree n. 206/2005, of any lack of conformity of the products existing at the time of delivery, with particular regard to products resulting faulty or damaged.
- The Consumer Customer loses the rights guaranteed by art. 130, paragraph 2 of Legislative Decree n. 206/2005 if he/she does not report the lack of conformity within two months from the date on which he discovered the defect.
- fair-store.it and fair-store.com will make every effort to replace its own expense, with other products of the same quality and title available at its stores, those products that are damaged or defected just if products returned in its original package (whole parts composed). If the replacement with the same publication is not possible (for example, due to “out of order”), fair-store.it and fair-store.com will refund the Customer the entire price paid for the defective product, excluding any further responsibility of fair-store.it and fair-store.com, for whatever reason.
Communications and complaints
- All communications or any complaints of the Customer against a fair-store.it and fair-store.com Purchase Contracts should be directed to the Customer Service at email@example.com and fax +39 035/4491296.
Intellectual property rights
- All trademarks (registered or not), as well as any and all intellectual work, distinctive signs or names, images, photographs, written text or graphics, and more generally any other tangible asset protected by laws and international conventions relevant to intellectual and industrial property reproduced on the Site, are exclusive property of F.A.I.R. S.r.l., Marcheno (Brescia) Italy, Via Gitty, 41 and/or of its licensors. The Customer has no rights derived from access to the Site and/or from the conclusion of the Purchase Contracts. Any use, even if only partial, of the same is prohibited without the prior written permission of fari-store.it and fair-store.com, in favor of which all the rights are exclusively reserved.
- The Purchase Agreement between the Customer and fair-store.it and fair-store.com is concluded in Italy and governed by Italian law.
- Any disputes shall be exclusively competent Judicial Authority of Brescia with the exception of disputes with the Consumer Customer will be within the competence of the judicial authority of the place of residence or domicile of the Consumer Customer.
Processing of personal data (privacy)
- Pictures and descriptions contained in catalogues, brochures, website, shop-online etc. are intended by way of example only and the Manufacturer reserves the right to make all changes he may deem necessary or useful to improve its products or to satisfy any constructive or market requirements.