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, email address [email protected] (hereinafter referred to as “Cimbali”) and the Customer.
Terms and expressions listed below have the meaning specified below; is being understood that terms defined in the singular are meant to be defined also in the plural, and vice versa:
Cimbali: Gruppo Cimbali S.p.A., with registered office in Via A. Manzoni 17, Binasco (MI), Italy.
Consumer: any natural person who operates on the Ecommerce for purposes not related to any entrepreneurial, commercial, artisan or professional activity, with an age of 18 (eighteen) years or more.
Customer: any Consumer who purchases one or more Products through the Ecommerce, approving the Terms and Conditions.
Ecommerce: means the virtual shop available at URL www.faema.com, through which Products can be purchased.
Parties: means Cimbali and the Customer jointly.
Personalized Products: means any products that are made to your specifications.
Products: means the items offered in the Ecommerce in order to be sold.
Private 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.
Shipment Date: means the effective date on which Cimbali ships the Products ordered by the Customer.
Website: it means the following website www.faema.com
2. Subject of the Terms and Conditions
The Terms and Conditions regulate the online sale of Products by Cimbali to the Customer.
The essential features of the Products are explained in each product schedule provided in the Ecommerce.
Pictures and colours of the Products reproduce as accurately as possible the actual features of the Products. Anyway, the pictures are shown for illustration purpose only and may not entirely correspond to reality, for technical reasons too. As a consequence, Cimbali shall not be held liable for the possible unsuitableness of the pictures of the Products shown in the Ecommerce, if due to the above-mentioned technical reasons.
Cimbali offers to sell its Products and perform its online sale activity exclusively to Customers who are Consumers.
If the Customer is not a Consumer, we invite the Customer to abstain from performing any commercial transaction through the Ecommerce.
Related to its commercial policy, Cimbali reserves the right not to follow any order not coming from a Consumer or, in any case, orders not compliant with its commercial policy, in its sole discretion.
Information about the range of products sold via our Website is available, with product references, on our Website. In any case Cimbali reserves the right not to accept orders which appear unusual in relation to quantity of purchased Products or to the frequency of the purchases.
The Customer is expressly prohibited to resale, to hire, to rent, to assign for any reason and for any commercial and/or professional purpose the Products purchased in the Ecommerce.
3. Conclusion of the purchase
3.1 Registration: in order to purchase the Products provided by the Ecommerce it is necessary the prior registration. The Customer must accurately fill in and send the specific form through the tools provided from time to time, stating his personal data in the appropriate fields. The Customer ensures that the personal information provided during the registration procedure and at a later stage is complete and truthful.
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 his purchases, check his wish list and modify his credentials. The registration credentials, as well as the access to Personal Area, shall be used by the Customer only and shall never be given to third parties. The Customer agrees to keep them confidential and to ensure that no one could have access to them, also adopting any appropriate security measures in order to minimize the risk of any access that could be unauthorized, prohibited and unsuitable to Personal Area, promptly notifying Cimbali whenever he suspects any improper use or any unauthorized or prohibited access to the Personal Area.
3.2 Conclusion of the purchase: after the Registration it will be possible to begin the purchase procedure. Before proceeding, the Customer must read the Terms and Conditions – with a focus on the withdrawal clauses – as well as print a paper copy and save a copy on a permanent storage device which allows to the Customer to store the information referred to him, to access them in future for a suitable period of time and to reproduce identically the stored data.
In order to perform the purchase of Products on the Ecommerce the Customer must fill in the electronic order form and send it to Cimbali, by electronic means, following the instructions provided in the Ecommerce.
Before sending the order form, the Customer must notice and correct any possible error in filling in the data, checking the optioned Product. In case the data are not compliant, it is possible to modify them by clicking on the “edit data” button. In any case, in order to provide a better Customer protection, Cimbali will send him by e-mail a receipt of his purchase order with a summary of the information included in the order form, as well as a copy of the Terms and Conditions. In this regard the Customer must verify the delivery of the documentation, by checking, if necessary, his junk e-mail box.
The Customer must also verify the final price, before sending the related order form, it being understood that the price charged to the Product will be the one displayed on the website at the time of the order by the Customer.
The installation of the Product is included in the price.
The agreement for the purchase 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 electronically transmission of the order form duly filled in.
By sending the 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 purchase under the Terms and Conditions, Cimbali will take charge of the purchase order.
Occasionally some inconveniences related to some Product availability may occur. In those circumstances, Cimbali will promptly inform the Customer by e-mail and will offer him the possibility to choose between the purchase of an article of the same nature of the one no more available or the order cancellation. If the Customer chooses to cancel the order, he 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. Order availability
In correspondence to each Product 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 Products included in the Ecommerce. The type and availability of the Products might change in any moment without any liability of Cimbali toward the Customer.
The indication of the Products availability is not binding, it being understood that the Products listed as “not available” could not be ordered by the Customer.
Cimbali could not perform purchase orders which include incomplete or untruthful data, or in case of Product not available.
If the Products displayed in the Ecommerce are no longer available or not on sale at the time of the transmission of the order form and Cimbali cannot, consequently, follow up the purchase order, Cimbali will inform the Customer by e-mail and will reimburse the sum already paid.
5. Product Warranty
Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by Cimbali, according to the applicable law, starting from delivery date.
The warranty must be enforced directly by the Customer within 2 (two) months from the discovery of the defect, by sending a request to Cimbali by email [email protected], to the address indicated above, explaining the discovered defect. For that reason, the Customer is required to store the purchase receipt.
Unless proven otherwise, it is presumed that the lack of conformity that appears within 6 (six) months from the Product delivery was already present at that time, unless this is not compatible with the kind of product or with the type of defect.
After the notification of the lack of conformity, Cimbali reserves the right to offer to the Customer the appropriate remedies.
In case of lack of conformity, the Customer has, anyway, the right to the restoration of the conformity of the Product, with no expenses, through repair or replacement, or adequate reduction of the price or termination of the Terms and Conditions.
The Customer can ask to Cimbali, at his discretion, to repair or replace the Product, with no expenses in both the cases, unless the remedy asked is objectively impossible or excessively costly, compared to the other.
A small lack of conformity (i.e. not linked to functioning) for which it has not been possible, or it would have been excessively costly to perform repair or replacement, does not give the right, in any case, to the termination of the purchase agreement subject to the Terms and Conditions.
6. Post-sale Assistance
The prices of the Products and the related transport expenses could be subject to updates and are VAT included.
By way of example, the price is inclusive of VAT if the Products are shipped and delivered inside the European Union. If the Products are shipped and delivered outside the European Union, the price does not include VAT.
The prices of the Products, expenses, taxes and duties included, are listed in the Product schedule. The transport expenses are specified in the order form.
The transport expenses, included in the total amount finally displayed, are charged to the Customer in a lump sum that varies according to the total volume of the delivery.
The prices specified in the Product schedule are effective until the end of the purchase procedure.
If a Product price is on discount and the percentage of discount and/or the original price are displayed, this information will be referred to the price usually charged on the Ecommerce.
Possible taxes, duties, custom duties and other charges provided by the Law of the Country where the Products shall be delivered will be completely borne by the Customer and will be paid by him at the time of the delivery of the Products, directly to the tax or custom authorities in charge or to the courier who has performed the delivery.
8. Payment terms
The Customer can pay the due sum through PayPal (with a PayPal account or with a credit card), credit card, debit card or through the other payment instruments listed in the E-commerce.
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 authorisation 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.
9. Product transport and delivery
Cimbali is not obliged to the shipment of the Products until it receives the payment of the price.
Cimbali will then confirm Shipment Date with the order confirmation and, in any case, not later than 30 (thirty) days form order confirmation.
The delivery terms here specified should be considered not compulsory, not essential terms but merely formal. Cimbali cannot, in any case, be held responsible for missing the deadline.
Cimbali guarantees the shipment of the Products, by express couriers, selected time by time according to the Product purchased and to the destination, to the delivery address provided by the Customer during the registration process or to a different address provided by the Customer during the order transmission.
The Customer must verify, at the time of delivery, that the packaging and/or the Products pack are intact, not damaged, not wet or otherwise altered, in the sealing materials too.
The Customer must immediately notice any damage of packaging or of Products pack, by placing a check reservation note on the courier delivery receipt, as well as by informing Cimbali by registered letter or equivalent technology. If not, and in particular if the courier delivery receipt is signed with no objection, the Customer can no longer make any complaint referred to the exterior features of what delivered.
10. Delays in deliveries
If, for reasons not due to Cimbali, it is not possible making deliveries of the Products in the indicated manner and time, Cimbali will inform the Customer, indicating, where possible, new times and methods. The Customer, by concluding the purchase agreement, accepts the possibility of such delays. If the delay of the delivery is more than 90 (ninety) days from the scheduled date, the Customer will be entitled to terminate the purchase agreement.
11. Right to termination of the purchase agreement under the Terms and Conditions
The right to termination, as regulated herein, does not apply to Personalized Products.
The Customer has the right to terminate the purchase agreement under the Terms and Conditions without providing any reason and without any penalty within 14 (fourteen) days, from the day when he or a third party, different from the carrier in charge, obtain the physical possession of the Product. The date indicated on the delivery receipt will prevail.
The right to termination must be enforced by the Customer by sending to Cimbali a registered letter, or a written communication by equivalent technology, with an express declaration of the intention to enforce the right to terminate the purchase agreement, as well as the concerned order number he wants to terminate. In order to enforce the right to termination, the Customer could use the specific “return form” available in the order section of the Personal Area.
Cimbali’s customer service team will arrange collection of your machine – free of charge.
For the purposes of complaining with the above terms, it is enough that the Customer sends the communication related to the right to termination within the termination period. This communication could be sent by telegram, telex, e-mail and fax too, with a registered letter within the 48 (forty-eight) subsequent hours.
In case the Customer enforces the right to terminate, he must return to Cimbali the Products without any delay and, in any case, within 14 (fourteen) working days from the communication of the termination. The term is complied if the Customer sends the Products within 14 (fourteen) days from the communication of the termination.
If the Customer terminates the purchase agreement under the Terms and Conditions, all the costs already paid to Cimbali will be refunded, the delivery costs included (except for the extra cost due to a particular kind of delivery required by the Customer, and different from the cheaper standard delivery offered by Cimbali), without any delay and in any case within 14 (fourteen) days from the day Cimbali has been informed of the decision of termination. Those reimbursements will be performed through the same payment instrument chosen for the first transaction, except for the Customer expressly required a different payment instrument; in any case the Customer will not bear any cost as result of the reimbursement.
The Product must be returned intact. If the Customer enforces the right to terminate the Terms and Conditions in any way not compliant with the conditions required by the present section, he shall not have the right to any reimbursement.
12. Security measures
If an order placed by the Customer is considered to be fraudulent or otherwise made in breach of this Terms and Conditions, the sale will be cancelled immediately, and in the event that any sums have already been debited to the Customer, they will be refunded within 14 (fourteen) business days after proper notification.
13. Supervening Impossibility
Pursuant to article 1256 of the Italian Civil Code, the obligation is extinguished when the performance becomes impossible for a cause that is not attributable to the Parties.
If the impossibility is only temporary, as long as it lasts, the Party that is not capable of performing is not responsible for the delay in performance. The obligation is extinguished if the impossibility lasts until the Party that is not capable of performing can no longer be considered bound to perform the contractual service in relation to the service subject to the Terms and Conditions or, alternatively, the other Party no longer has an interest in achieving said performance.
14. Governing Law
These Terms and Conditions, as well as any purchase agreement based on the same, are governed by Italian Law, without prejudice to any other overriding mandatory law in the country of residence of the Customer.
In case of dispute arising from the interpretation and/or application of the Terms and Conditions, the Court of the domicile or residence of Customer shall have jurisdiction, if placed in the European Union territory, or the Court of Milan, if the Customer brings the complaint or if he chooses this Court.
If the Customer is not resident in the European Union territory, the Court of Milan shall have jurisdiction according to Italian Law.
15. Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the Customer having to go to court. If the Customer is not happy with how Cimbali has handled any complaint, he can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.
For any claim, please contact directly Cimbali, at the addresses indicated in the website www.faema .com or email [email protected]
The Customers can directly contact Cimbali in writing to: [email protected] or through the Ecommerce in the CUSTOMER SERVICE Contact Us area.