These general conditions of sale online (the "Terms & Conditions") govern the contract (hereinafter the "AGREEMENT") for the sale of products (hereinafter the "PRODUCT" or "Products") offered by FASTECOM SRL - based IN Cesena, Street Anna Kuliscioff 224-47522 (CF), CF / VAT 03969500408, registered at REA FC 324293 (hereinafter "Fastecom") - through their website www.gommebici.com (hereinafter the "SITE") users of the site (hereinafter the "CUSTOMER" or "CUSTOMER").
Article 6 and 7 of the T&C (withdrawal) will be applied only if the CUSTOMER and qualifies as a "consumer" within the meaning of Article. 3, co. 1, letter. a) of the Legislative Decree of 6 September 2005 206, that "the natural person who is acting for purposes unrelated to impreditoriale or profession."
Effectiveness and modification of the T&C
The T&C are published on the SITE as to be easily read and known by the Client prior to making the purchase of a PRODUCT, you agree to moment prior to the forwarding of the purchase order, stored on your computer and reproduced on paper by printing the report file in which they are contained.
The T&C apply to the sale of PRODUCTS are those published on the SITE on the date of the order relating to the products. The CUSTOMER, therefore, will have to do the above before making any purchase.
The mere tolerance or the failure to object to Fastecom for any breach by the CLIENT with respect to the information contained in the Terms & Conditions shall not be construed as tacit acceptance of such defaults, neither as a desire to deviate from what was agreed between the parties.
Procedure for sale
The selection of the PRODUCTS presented on the site is subject to their availability.
The CUSTOMER who intends to proceed with the purchase of PRODUCTS must manifest this desire through a request made directly on the SITE, in the special section, where, following the procedures specified, send your purchase order and make payment. Personal details provided for payment will be processed by Fastecom to comply with the request of order and billing, with exception of data relating to the credit card that will be communicated only through the electronic payment system made available by the operator used by Fastecom to allow economic transactions. The CLIENT agrees that the outcome of the transaction is not dependent in any way, it can be secured and managed by Fastecom.
The technical steps to be performed for the Conclusion of the contract are as follows:
A - The CLIENT will be able to view and learn about the offers of the PRODUCTS , including the essential features and the price of the PRODUCT; you can also view photos of the PRODUCT , published to illustrate the PRODUCT itself.
B - Inside the card Illustrative of the PRODUCT, CUSTOMER may choose to buy the good that will come automatically in the " cart" , where him can learn before purchase and payment, shipping costs and expected delivery times as well as the existence of other additional charges .
C - To confirm the order , the CLIENT , in the " cart" , you must enter your mailing address and any other information useful to pay, including . Along with filling the CLIENT to the SITE records , communicating your email address . The latter together with a password automatically generated and sent to the email will become the same credentials to access the SITE.
D - The CUSTOMER select a payment method and on the basis of this choice is brought to the site of the banking system connected to the Site or on the paypal system for entering the details of your credit card.
The purchase is accepted only reported successful conclusion of the transaction.
In case of bank transfer, the Client will have to wait until the feedback provided by the bank provided by Fastecom before getting the actual shipment of the goods.
Upon payment, the causal, the CUSTOMER must specify the order number shown on your confirmation. Orders are initiated only after the confirmation of the bank of crediting the amount due for the order indicated by the CUSTOMER.
It is not possible go to ensure the availability of the product during the time of waiting for the confirmation from the bank.
In the case of multiple orders, shall be deemed entered into many contracts are sorted PRODUCTS. The effectiveness of each contract is subject to availability of the Product, as specified in art. 4.2.
The essential characteristics of the PRODUCTS, including the price includes VAT and delivery costs are displayed and knowable by the CUSTOMER in time prior to the conclusion of the Agreement and of the payment . In particular, the essential characteristics of the PRODUCTS are viewable by accessing the appropriate section of the SITE where Fastecom, in addition to the description and characteristics of the PRODUCT, publish, if possible, photographs of the one and only purpose di show the PRODUCT.
Fastecom not charge any fee it imposes no cost to access the SITE. The costs incurred by the CLIENT are solely those of Internet browsing, as well as agreed between the CUSTOMER and your Internet Service Provider, remaining Fastecom entirely foreign to this report.
Upon receipt of the purchase order, the CLIENT Fastecom send the receipt of the order, in Italian , containing a summary of the content of the information relating to the sale and proceed to execute the order of purchase, except as provided at art. 4.2
Rights and obligations of Fastecom
4.1 Delivery of Products: Fastecom, except as provided in art. 4.2, you undertakes to deliver the Products to the address indicated by the Client purchase order, through the carrier responsible for transporting them.
Fastecom can not be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Fastecom will also be held responsible for any damage occurring to the Products after delivery to the carrier responsible for their transport as well as for delay in delivery attributable to the latter.
Fastecom running deliveries all over the Italian territory including the disadvantaged areas of the islands and the smaller islands, excluding the territory of the Republic of San Marino. If the customer wishes to make a purchase by the WEBSITE abroad, will be announcing a delivery address in Italy. Delivery is made by courier; are not considered valid addresses for the purposes of Delivery Mailboxes.
4.2 Unavailability of Products: Fastecom will communicate to the Client within 20 days of purchase to the email address associated with your profile, the possible unavailability of one or more of the PRODUCTS purchased. In this case, Fastecom will, to reimbursement (the bank account, the payment card or Pay Pal account indicated by it for purchase) of the price and shipping costs (if the purchase has only covered the PRODUCT not available ). Only in accordance with the CUSTOMER and with the consent of the latter, only the suggestion of Fastecom, it will send a PRODUCT different from the one ordered, of equivalent value.
4.3 Promotions: Fastecom develops during defined time intervals, promotional campaigns in order to promote the sale. Fastecom reserves the right to interpret the conditions of application of promotions, extend them by communicating in ways and due time, to the exclusion of any participant or proceed to promotions in case you detect anomalies, misuse or unethical behavior.
Rights and obligations of the customer
The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided in Fastecom and requested by the latter through the SITE, and undertakes to promptly communicate any changes in the data entered.
The Customer, upon confirmation of the purchase order declares:
To have read, understood and accepted the Terms & Conditions
To authorize Fastecom the processing of personal data when purchasing;
To authorize Fastecom to transmit the personal data necessary to process a payment in the manner specified by the CUSTOMER
The CLIENT undertakes, once the purchase process on the SITE, to take responsibility both for saving an electronic copy of the Contract to the press and the GTC for their conservation, as indicated in art. 2.1
Payments: If you pay using credit card, the CLIENT undertakes, upon request only Fastecom, within 24 hours to send a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence initiating required, Fastecom may refuse the payment and cancel the order: The receipt of corresponding purchase order will be displayed on the SITE and will be printed using the appropriate link.
Delivery of Products: Upon delivery of the PRODUCTS to the CUSTOMER by the carrier for its transport, the CUSTOMER must check the presence of the vector:
a) the quantity and type of Products ordered the same as indicated in the transport document
b) that the packaging used for transportation is intact, not damaged or altered, even if only the sealing materials.
c) the amount and type of Products delivered corresponds to order
Any anomalies or discrepancies must be made immediately to the carrier upon receipt of the PRODUCTS, by their indication in the delivery
Support: If you need any assistance or complaints relating to the PRODUCTS purchased the CUSTOMER must contact Fastecom at the addresses set out in point 11 of the GTC
Warranty: Fastecom will pay, in connection with the Products purchased by Customer, the legal guarantee of conformity with the terms and conditions laid down in Art. 128 et seq. of Legislative Decree n. 206/2005 .
In particular, in case of lack of conformity, the CUSTOMER shall have the right to obtain a replacement product that is compliant to the return of the price. Upon receipt of the complaint, if the CUSTOMER requires the replacement of non-conforming product Fastecom will check the availability of the replacement product (compliance with order specifications) and, in the case of non-availability, the CUSTOMER will credit the entire amount in addition to expenses Shipping. Given the temporary nature of the sales campaigns of Fastecom, replacement of non-conforming product is in no way guaranteed. The CUSTOMER may in any case directly request the refund of the product price (and postage).
The rights arising from the legal guarantee of conformity may be exercised provided that the products are used correctly, with due diligence and in accordance with the intended use and as provided in the enclosed directions, as well as upon presentation by the CUSTOMER bubble delivery receipt and indication of the order number. The expenses related to the return of the Products to the exercise of the guarantee shall be borne by Fastecom.
The legal guarantee of conformity shall apply only to defects resulting from normal use of the PRODUCT.
Right of withdrawal
The Client has the right to terminate the Agreement, without any penalty and without specifying the reason, from receipt of the order confirmation sent by Fastecom no later than the deadline of ten working days from receipt of the goods at the address indicated by the delivery. Full proof of receipt date stated on the delivery note.
The Client may exercise the right of withdrawal through the wizard called "RETURN", available on the SITE in the section dedicated to your account. This procedure is described in the footnotes to these terms and conditions.
If the product has already been delivered, the CUSTOMER is obliged to return to Fastecom. To this end:
A - The deadline for returning the PRODUCT is ten days from receipt thereof; make full proof of the date shown on the delivery document. Upon expiry of the term, you want to return the Product at the time it is delivered to the post office or courier delivery charge;
B - If there has been the delivery of the PRODUCT, the substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal;
C - The cost of returning the goods to Fastecom are paid by the CUSTOMER, who will send the Product properly packaged and packed; Fastecom not accept returned damaged, but kept in normal condition, kept with the use of reasonable diligence. The CUSTOMER will include a copy of the document inside the package delivery;
If the customer exercises his right of withdrawal in accordance with the provisions set forth in these Terms & Conditions, Fastecom reimburse the sums paid by the Client's bank account, the payment card or Pay Pal account indicated by it for purchase. Refund will be free, within thirty days from the date on which Fastecom became aware of the exercise of the right of withdrawal by the CUSTOMER.
The right of withdrawal governed by these Terms & Conditions shall not apply to:
- packaged goods to specifications or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly
- to PRODUCTS that have been the subject of assembly or installation intended for use
- PRODUCTS worn and this is no longer sold as new PRODUCTS.
The right of withdrawal of the customer is protected by Article 64 and following of Legislative Decree N. 206/2005. The customer therefore has the right to withdraw from the contract, even partially, without explanation and without any additional charges you, provided that the cancellation is communicated ONLY by registered A / R to the Supplier, within 10 working days from the day of receipt of the Products / services. The notice shall specify the intention to withdraw from indicating the list of products for which it intends to exercise the right of withdrawal, attaching specific module as shown later. The costs of Returning Products are the sole responsibility of the purchaser and the terms for reimbursement must be agreed in advance with the supplier . The refund of the amount paid , total or partial , will be refunded to the customer no later than 30 days after receipt of the market and after verification of product conformity. To make the return CUSTOMER should follow the following procedure:
Login to your account and go to "My Profile" -> "Customer's Order" -> "Item (s) Return (s)," WARNING: This function is active only after confirmation of receipt of the product;
Wait for the confirmation email to initiate the return process by Fastecom;
The CUSTOMER may then proceed to send the goods by postal service or carrier of your choice. The cost of shipping and packing shall be borne by the CUSTOMER. The returned goods traveling in each case under the responsibility of the CUSTOMER.
Fastecom refund to the Client the full amount of the purchase fees included. A partial refund will match partial refunds.
The display of the repayment of the refund account or credit card or Pay Pal account of the Shareholder will depend on the circuit of the credit card and the Bank support the CUSTOMER.
Cancellation of order
The order may be canceled by the Client until the same is in the state " Waiting " or "Accepted", order status is visible in the client and accessible with its credenzaiali, if the order is found in the state of "shipped ", the CUSTOMER must exercise the right of withdrawal in the manner and within the time provided for in Article 7 of these General Conditions.
The cancellation may be exercised only by giving notice to FASTECOM telephone number + 39 0547 4156 99, any other method of communication does not give you the certainty of cancellation.
Using the site
Description and visualization PRODUCTS: PRODUCTS descriptions and images on the Site are made available to the corresponding providers Fastecom. Photographs and video presentation of the PRODUCTS supplied with descriptive information on the SITE are applied to descriptive titles, taking into account the fact that the quality dlle images (eg . Exact display in terms of color) can depend on sotfware and tools computer used by the CUSTOMER every time you connect to the SITE.
Malfunctions: Fastecom does not assume any responsibility for the problems caused by the use of the SITE by the CUSTOMER and the technology used as it is not dependent on his will, such as, but not limited to:
a) any errors, delays, or failure in accessing the SITE by the customer during the execution of the sales process;
b) any errors, delays or failure in the receipt by the Customer, the communication made by Fastecom in connection with the sale of PRODUCTS
c) errors or delays by the courier of choice for the delivery of / products
Intellectual Property Rights and Industrial
Fastecom informs that the site, as well as all trademarks and logos used by Fastecom in connection with the sale of the PRODUCTS are protected by intellectual property rights and industrial standards and that it is forbidden any kind of reproduction, communication, distribution, publication, alteration or site content, trademarks and brands used by Fastecom (such as, but not limited to works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics , the colors, the functionality and design of the SITE).
Fastecom assumes no responsibility with regard to trademarks and other distinctive signs appearing on the Products sold by it on the SITE in respect of which the CUSTOMER shall not acquire any right, following the conclusion of the contract
Protection of personal data
Fastecom is the owner of personal data collected at the time of registration to the site, as well as those subsequently submitted at the time by the CUSTOMER.
Pursuant to article 13 of Legislative Decree n. 196 of 30 June 2003 "Code relating to the protection of personal data" and subsequent amendments, personal data transmitted during the purchase and / or registration will be used solely for the following purposes:
- directly related to the technical and bureaucratic requirements for proper fulfillment of the order
- for business, marketing, telemarketing, market research and sending of advertising material relating to the products and services with third party advertisers;
- in order to carry out surveys, statistics and survey on the quality of services offered and the degree of satisfaction of the CUSTOMER, performed either directly or in collaboration with other companies specializing;
- to perform the obligations required by laws and regulations or formal request of the competent authorities, such as the guarantor of privacy or law enforcement
12.3 Each user or explicitly requests that CLIENT has the right to obtain confirmation of the existence or not of personal data communicated to Fastecom.
The interested party has the right to be left indication:
- The purposes and methods of treatment
- Of the logic applied in case of treatment with electronic instruments
- The identity of the owner, manager and the representative appointed pursuant to art. 5, paragraph 2
- Of subjects or categories of subjects to whom the data may be communicated or who can learn about them as appointed representative in the territory of the state dsi managers or agents
The interested party has the right to obtain:
- The updating, rectification or, where interested therein, integration of data
- The cancellation, transformation into anonymous quality or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected and subsequently processed
The interested party has the right to object, in whole or in part:
- For legitimate reasons the processing of personal data concerning him, even if pertinent to the purpose of collection
- The processing of personal data for purposes of advertising material or direct selling or for carrying out market research or commercial communication
12.4 The rights provided for by art. 7 of Legislative Decree 196/2003, may be exercised by sending a letter to the responsible data processing, that is, the CEO of Fastecom
13.1 For any communication, you can contact Fastecom at the following numbers: FASTECOM SRL - Street Anna Kuliscioff 224-47522 Cesena (FC), Email: firstname.lastname@example.org, n. +39 0547 4156999
14.1 The law applicable to the sale of the PRODUCTS is Italian.
14.2 The invalidity of individual provisions of the CONTRACT or of the GTC does not imply the invalidity of the entire CONTRACT or of the GTC .
14.3 For any dispute arising between the parties regarding the interpretation, enforcement, validity and / or effectiveness of this Agreement, or in any way connected with it, will be the competent court of Forlì – Cesena.