GENERAL TERMS AND CONDITIONS
The offer and the sale of products on our Ecommerce are governed by these general terms and conditions of sale which jointly with the order form constitute the contract (hereinafter, “Terms and Conditions”) and rule the relationship between Gruppo Cimbali S.p.A, VAT number 09052100154, with registered office in Via A. Manzoni 17, Binasco (MI), Italy, e-mail [email protected], (hereinafter referred to as “Cimbali”) and the Customer.
Terms and expressions listed below have the meaning specified below. It is being understood that the terms below that are defined in the singular are meant to be defined also in the plural, and vice versa:
Customers: refers to the natural or legal person acting for purposes related to the exercise of their business, commercial, artisanal or professional activity;
Ecommerce: means the virtual shop available at URL www.faema.com, through which Product(s) can be purchased;
Force majeure: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
Parties: means Cimbali and the Customer jointly;
Purchase Order: refers to the electronic document submitted by the Customer that indicates the purchase of one or more Product(s) via the Ecommerce;
Product(s): means the items offered in the Ecommerce in order to be sold;
Personal Area: means that part of the Ecommerce, for Customer’s use only, through which the Customer can have access to specific functions provided by Cimbali, upon authentication;
2. Subject of the Terms and Conditions
The Terms and Conditions regulate the online sale of Product(s) by Cimbali to the Customer.
Each Product(s) schedule, as provided in the Ecommerce, explains the essential features of the Product(s).
Pictures and colors of the Product(s) reproduce as accurately as possible the actual features of the Product(s). Anyway, the pictures are shown for illustration purposes only and may not entirely correspond to reality, for technical reasons too. Therefore, Cimbali shall not be held liable for the possible unsuitableness of the pictures of the Product(s) shown in the Ecommerce, if due to the above-mentioned technical reasons.
Our Ecommerce displays information about the range of Product(s) sold, with Product(s) references.
3. Conclusion of the purchase
3.1 Registration: A prior registration is necessary to purchase the Product(s) provided by the Ecommerce. The Customer must accurately fill in and send the specific form through the tools provided from time to time, by filling in the necessary data to execute the Purchase Order. The Customer ensures that the information provided during the registration and following stages are complete and truthful.
Cimbali may request a certificate of incorporation or other equivalent document in order to determine the exact identity of the Customer.
The registration will be effective only when the Customer receives the confirmation e-mail and opens the link included therein. After this procedure, a Personal Area will be created for the Customer, who can see their purchases, check their wish list and modify their credentials.
3.2 Conclusion of the purchase: after the Registration, it will be possible to begin the purchase procedure. Before proceeding, the Customer must read and accept the Terms and Conditions. We suggest the Customer to print a copy of such Terms and Conditions or, alternatively, to store them, as they may be subject to amendment by Cimbali, pursuant to art. 15.
In order to perform the purchase of Product(s) on the Ecommerce, the Customer must fill in the Purchase Order form and send it to Cimbali, by electronic means, following the instructions provided in the Ecommerce. Before sending the Purchase Order form, the Customer must notice and correct any possible error in filling in the data, checking the optioned Product(s). In case the data are not compliant, it is possible to modify them by clicking on the “edit data” button.
The Customer must verify the final price, which is inclusive of delivery costs, before sending the related Purchase Order form, as it is understood that the price charged to the Product(s) will be the one displayed on the Ecommerce. The price is exclusive of VAT and included of the packaging unless otherwise indicated in writing by Cimbali. The price that is in force at the time of the Purchase Order and, consequently, is completed by the Customer will apply.
The installation of the Product is included in the price.
The purchase contract of the selected Product(s), with full application and effectiveness of Terms and Conditions, shall be deemed concluded when Cimbali receives the payment by the Customer, upon electronic transmission of the Purchase Order form duly filled in.
In any case, Cimbali will send the Customer an e-mail containing a summary illustrating all Products ordered and a confirmation of the Purchase Order, after payment has been received by Cimbali. For this reason, the Customer must verify the delivery of the documentation, by checking, if necessary, their junk e-mail box.
By sending the Purchase Order form and paying the due sum, the Customer confirms to have understood and approved the Terms and Conditions, as well as any further information provided in the Ecommerce. Upon conclusion of the purchase under the Terms and Conditions, Cimbali will take charge of the Purchase Order.
Whenever the Product(s) is to be shipped to extra-European Union markets, it will be the Costumer’s responsibility to communicate to Cimbali any applicable law to the Product(s) in the destination Country, included the technical specification, also related to the Product(s) safety, as well as the customs regulation, being it understood that Cimbali will be expressly exonerated of any responsibility and compensated by the Costumer for any direct or indirect cost, onus, prejudice or damage, caused by the non-compliance of the Product(s) to the destination country legal framework. It is also understood that any use of Product(s) in different extra-European Union countries than the one provided in the Purchase Order will remain under the Costumer’s responsibility, who will expressly indemnify Cimbali for any consequent damage.
Occasionally, some inconveniences related to some Product(s) availability may occur. In those circumstances, Cimbali will promptly inform the Customers by e-mail, to offer them the possibility to choose between the purchase of Product(s) of the same nature or the Purchase Order cancellation. If the Customers choose to cancel the Purchase Order, they will be promptly reimbursed.
3.3. Customer’s obligations: Upon proceeding to check out, the Customer undertakes to print out or save these Terms and Conditions and the specifications of the purchased Product. It is prohibited to enter false and/or invented data during the registration process required for executing these Terms and Conditions and future communications. The personal data and email must be those of the person placing the order and not of third parties or fictional characters. It is expressly prohibited to register twice for the same person and to enter personal data of third parties.
4. Security of credentials
The Customer only shall use the registration credentials, as well as the access to the Personal Area, which shall never be given to third parties. The Customer agrees to keep the credentials confidential and to ensure that no one could have access to them, also by adopting any appropriate security measures in order to minimize the risk of any access. Any suspect of unauthorized, prohibited and/or unsuitable access to the Personal Area shall be promptly notified to Cimbali.
5. Order availability
In correspondence to each Product(s) included in the Ecommerce, Cimbali points out if:
a) it is available in its own stock;
b) it is not available in its own stock.
Cimbali expressly reserves the right not to point out the availability of the Product(s) included in the Ecommerce. The type and availability of the Product(s) might change in any moment, without any liability of Cimbali toward the Customer.
The indication of the Product(s) availability is not binding, it being understood that the Product(s) listed as “not available” could not be ordered by the Customer.
Cimbali could not perform Purchase Orders that include incomplete or untruthful data, or in case of Product(s) not available.
If the Product(s) is incorrectly listed as “available” and, however, it is still possible to complete the Purchase Order and execute the due payment by the Customer, Cimbali will promptly reimburse the due sum to the Customer, including delivery costs.
The full payment of the purchase price for all Product(s) shall be made in compliance with the methods and the timeframes provided in the Ecommerce by Cimbali.
The Customer can pay the due sum through PayPal (with a PayPal account or with a credit card), debit card, credit card or through the other payment instruments listed in the Ecommerce.
Cimbali reserves the right to modify or implement the payment instruments available to the Customer, it being understood that the payment instruments available will be the ones listed on the Ecommerce at the time of the transmission of the order by the Customer.
In case of use of credit card, the charge of the price to the Customer is made once verified the credit card data and received the charge authorization by the company issuing the credit card used by the Customer.
The credit card data sent during the order process are protected and are transmitted directly to the bank company that manages the payment. The payment occurs directly on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction.
In case of payment with PayPal, at the time of transmission of the order by the Customer, the web session will be transferred into the secure PayPal website. On that website the Customer can complete the payment of the due price using his PayPal account and under the terms and condition of PayPal service, undersigned in that moment or previously. The charge of the price on the PayPal account occurs at the same time of the transmission of the order confirmation. The price of the Products cannot vary according to the payment instrument selected, under any circumstances.
7. Product(s) Warranty
Each Product(s) sold through the Ecommerce is subject to a one year warranty, provided directly by Cimbali. The Customer must promptly notify Cimbali the identified defect, not later than 8 (eight) days from the installation, upon sending an email to [email protected], with a detailed explanation of the discovered defect.
Whether the defect is attributable to Cimbali, Cimbali reserves the right to offer the Customer the appropriate remedies, such as repair of the Product(s) or, alternatively, replacement of the Product(s).
Whether it is not possible, or it would be excessively costly to perform repair or replacement, due to a small defect that impairs the regular functioning of the Product(s), such as dent, Cimbali offers the Customer the right to a proportionate price reduction.
The warranty does not cover, without limitation: any failures or malfunctions due to normal wear and tear; inappropriate and/or non-compliant use; use of non-original spare parts and non-compliance with the instructions in the use and maintenance manually delivered with the Product; accidental events; unauthorized modifications or adaptations; tampering and anomalies caused by the electrical; and hydraulic systems; damages due to the transport of the Product(s).
In the event of technical intervention work at the Customer’s headquarter, the present warranty does not cover, in any case, any labor, travel and/or subsistence expenses.
Cimbali shall be held by the Customer relieved and indemnified from all damages and expenses, penalties and in general, from any obligation to pay sums of money, by reason of activities directly or indirectly connected to the fulfilment of these Terms and Conditions any Purchase Order and/or any purchase contract. Furthermore, the Customer hereby renounces any and all claims, demands, actions in civil proceedings, even of an economic nature and/or for damages, against Cimbali directly connected to the failure and/or inexact fulfilment of these Terms and Conditions, any Purchase Order and/or any purchase contract - without prejudice to the warranty provided by Cimbali, as prescribed above.
This clause shall not apply in cases of willful misconduct or gross negligence.
9. Post-sale Assistance
Cimbali provides Customers post-sale assistance and can be contacted, for any question, at the address indicated in the page [insert link]. Cimbali reserves the right to provide post-sale assistance through the authorized service providers listed on the Ecommerce or communicated in reply to the Customer’s request for assistance.
10. Product(s) transport and delivery
Cimbali is not obliged to the shipment of the Product(s) until it receives the payment of the price, unless otherwise agreed. After receiving the payment, Cimbali will communicate in the order confirmation the delivery date-
The delivery terms here specified should be considered neither compulsory nor essential terms but merely indicative. Cimbali cannot, in any case, be held responsible for missing the deadline and/or for any delay in the delivery.
Delivery of the Product(s) shall be made FCA, Cimbali’s warehouse (Binasco (MI), Italy). Therefore, the Product(s) shall travel at Customer’s risk and costs and Cimbali shall be released from any liability upon delivery of the Product(s) to the courier or the Costumer, in the event the latter decides to withdraw the Product(s), either personally or through a designated person.
The Customer must verify, at the time of delivery, that the packaging and/or the Product(s) pack are intact, not damaged, not wet or otherwise altered, in the sealing materials too. For any complaints related to the damages of packaging, quantity, number or external characteristics of Product(s), definable as apparent defects, Customer shall notify Cimbali upon sending an e-mail to the following e-mail address: [email protected] within 8 (eight) days following the date of Product(s) receipt, it being understood that Cimbali is not responsible for any damage and/or circumstance arising from the transport. In the other cases, art. 7 above shall apply.
11. Delays in deliveries
Without prejudice to art. 9 above, if, for reasons not due to Cimbali, delivery of the Product(s) cannot be made in the indicated manner and time, Cimbali will inform the Customer, indicating, where possible, new times and methods. By concluding the purchase agreement, the Customer accepts the event of a delay. If the delay of the delivery is more than 90 (ninety) days following the scheduled date, the Customer will be entitled to terminate the purchase agreement. In such event, Cimbali shall reimburse the price paid by the Customer.
12. Security measures
If an order placed by the Customer is considered to be fraudulent or otherwise made in breach of these Terms and Conditions, the sale will be cancelled immediately. Whether any sums have already been debited to the Customer, they will be refunded within 14 (fourteen) business days after proper notification.
13. Force majeure
Cimbali will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by Force majeure.
Cimbali obligations under will be suspended and will be extended for the duration of the Force majeure event.
14. Applicable Law and competent Court
The Terms and Conditions, any Purchase Order and/or any purchase contract of the Product(s) are governed by Italian laws with the exclusion of its conflict of law provisions and of the United Nations Convention on Contracts for the International Sale of Goods.
In case of any dispute arising from and/or related to the Terms and Conditions, any Purchase Order and/or any purchase contract of the Product(s), the exclusive competent court shall be the Court of Milan (Italy).
16. Variation of General Terms and Conditions
The General Terms and Conditions are subject to amendment by Cimbali. It is understood that the terms and conditions published in the Ecommerce at the time of the Product(s) payment made by the Customer will apply.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer expressly declares to have read and accepted the following provisions: 2. Subject of the Terms and Conditions; 3. Conclusion of purchase; 4. Security of credentials; 5. Order availability; 6. Payments; 7. Product(s) Warranty; 8. Liability 10. Product(s) Transport and Delivery; 11. Delays in deliveries; 12. Security measures; 13. Force majeure; 14. Applicable Law and Competent Court; 16. Variation of General Terms and Conditions.