Terms and Conditions of Use

(Version dated 1 January 2017)

 

1. Introduction

1.1 This website is owned and operated by Cima Srl (hereinafter the Seller), owner of the FAB Appliances logo, legal domicile in Via Francesco Petrarca 83, 80122 Naples (Italy), tax ID IT07324320634, registered with the Naples Commercial Registry, No. 603964, Tel. and Fax +39 0823 797777, email [email protected]

2. Definitions

2.1 In these Terms and Conditions of Use:

Customer: is the person, firm or company who buys the Products from the Seller's website.

Site: is the website www.fabappliances.com

Sales Terms and Conditions: are the terms governing the purchase and sale of Products through the website www.fabappliances.com

Product: means the goods for sale on the Site.

Contract: means the contract concluded between the Seller and the Buyer for the purchase and sales of Products.

Order: is the request made by the Customer to the Seller to purchase the Products for sale on the Site.

Postage: is the price that the Customer pays for the shipment of the products bought on the Site.

3.General Conditions of use

3.1 Prior to accessing this web site the Customer must read and accept the Sales Terms and Conditions, warnings and other legal advice contained in this document.

3.2 Any person accessing or using this Site shall be considered to be a Customer. The status of Customer entails full, unreserved and express acceptance of these Terms and Conditions. If the Customer does not accept the content of these Terms and Conditions of use, he/she must abandon the Site and may not access or use the services which it offers. Likewise, the Customer accepts expressly and without reservations that the access to, and use of, this Site, its services and the content of those services are under his/her sole and exclusive responsibility.

3.3 Access to this Site is free of charge and viewing it does not require any prior payment, subscription or registration.

3.4 The Seller without prior consent or advice may unilaterally modify the configuration of the Site, the Sales Terms and Conditions and its content, and it may remove, limit or suspend them temporarily or permanently, and it may block or deny access to the content of the Site, whenever it is necessary.

4. Order approval and processing time

4.1 An Order constitutes an offer by the Buyer to purchase the Goods from the Company subject to these Conditions. The Seller reserves the right to accept or refuse an Order - at his incontestable discretion - according to the availability of the Product sold. The Seller will promptly inform the Customer if the proposal is rejected and the reasons for rejection, by sending an e-mail to the address indicated or by making a telephone call, explaining the reasons behind its decision.

4.2 An Order is considered final only after it has been accepted by the Seller. The Customer shall receive a notification via email of the confirm of the acceptance of the Order by the Seller.

4.3 Processing times of the Order change according of the availability of the Product purchased. In case the Product is immediately available, this will be usually shipped within 24 hours from the receipt of the payment.

4.4 In case the Product purchased is not immediately available, the processing time is indicated and displayed in the Product description (e.g. shipped within 5 working days).

4.5 In case the Product purchased is unavailable for whatever reason (e.g. it is no longer in production or it is temporarily unavailable at the manufacturer) the Seller will promptly contact the Buyer who can:

- cancel the Order and be refunded for the amount paid.

- exchange the Product with another one.

- wait that the Product becomes available again.

5. Prices and methods of payment

5.1 All the prices of the Products for sale on this Site include Italian VAT (22%).

5.2 The Seller has the right to modify the prices of the Products at any time. However, the Seller cannot modify the price of Products whose Order has been already accepted.

5.3 Payment of the Product's price and possible Postage can be made through credit card, prepaid credit card, Paypal and Bank transfer in advance. Orders will be processed only after receipt of full and clear payment of the Product purchased and of the applicable Postage.

5.4 This website does not memorise and retain Customer's credit card or banking details.

6. Delivery and transport damages

6.1 The Seller delivers the Products within the European Union, to the Republic of San Marino, Switzerland and Norway.

6.2 Unless stated otherwise, Postage is not included in the Product's price and it is calculated separately.

6.3 Postage varies according to the weight of the item and the destination and it is calculated automatically at the checkout prior to making the purchase.

6.4 Transport is carried out by independent courier companies and it is traceable online. The Customer may request the tracking code to the Seller who will provide it as soon as it is available.

6.5 Delivery time changes according to the destination. Timeframe for shipments to Italy and the Republic of San Marino is usually within 24 to 72 hours from when the Product has been dispatched to the courier. Timeframe for shipment to other countries reached by the delivery service is usually from 3 to 8 working days, depending on the place and the country. Shipments to small islands or remote locations will take longer.

6.6 Postage includes insurance against transport damage for the value of the Product purchased.

6.7 At the time of delivery the client must check that:

- the number of packages received is the same as the delivery slip.

- the package is intact.

6.8 In case the package has exterior damages or the number of packages is different than the one reported on the delivery slip, the Customer shall advise immediately the courier driver. The Customer can sign the delivery slip accompanying by wording such as "Subject to control for damaged packaging" or "Subject to control for non delivery of a (or more) package(s).

6.9 The Customer must check the integrity of the Products as soon as possible after the delivery. In case the Product is damaged, the Customer shall contact the Seller within five (5) working days from the day of the delivery so that the Seller can open a case with the courier.

6.10 Upon confirmation of the presence of a transport damage by the courier, the Seller shall arrange for the repair of the Product, order a replacement product or issue a refund for the price of the Product including the Postage paid.

6.11 After the term of five (5) working days, the courier is no longer liable for any transport damage and any complaint or damage reported after this term shall not be taken into consideration.

7. Right of withdrawal

7.1 In the EU, the Customer has the right to cancel the Order within fourteen (14) working days. This fourteen (14) day “cooling off” period begins on the day when the Customer receive the Product. The Customer can choose to cancel the Order for any reason within this timeframe – even if the Customer simply changes their mind.

7.2 To cancel the Order the Customer must send a letter by registered post within 14 days from the receipt of the Products to: Cima Srl, Via Appia 74/76, 81055 Santa Maria Capua Vetere, Italy. It is also possible to send a Fax at 0039 0823797777 or an email at [email protected]

7.3 Return costs must be paid by the buyer. Products must be delivered no later than 15 working days. The date indicated on the delivery slip shall be considered as a proof.

7.4 The goods are delivered when the Seller receive them physically at his office. The Seller shall return the amount paid by the Customer subsequent to the delivery, deducted of the shipping cost, within seven (7) working days.

7.5 The right of withdrawal is no longer valid in presence of one of the following condition:

- The Product is not in a saleable condition;

- The Product is not in its original packaging;

- The absence of integral elements of the Product (accessories, cables, manuals, parts, etc.);

- The Product is damaged for causes other than its transport;

- The Product has been used and its integrity has been compromised.

7.6 The Customer is liable for the return costs and return transport damages. The return of Products that are damaged, deteriorated or lacking in accessories and original equipment will not be accepted by the Seller and will be returned to the Customer with an increase in transport costs.

7.7 The shipment until confirmation of receipt at our warehouse is under the responsibility of the Customer.

7.8 If the Products are damaged in transit, the Seller shall promptly inform the Customer, allowing them to file a timely complaint against the courier of their choice and to obtain reimbursement of the value of the Product. In the instance of damage during shipping, the refund issued by the courier will automatically cancel the right of withdrawal

7.9 The Seller is not liable in any way for damages or theft / loss of Products returned by uninsured and untracked shipments

 

8. Guarantee

8.1 Each product sold on the Site is covered by the manufacturer's warranty

8.2 Unless stated otherwise, in the European Union the guarantee has a validity of two (2) years from the date of purchase. In European countries not members of the European Union, the guarantee is valid for one (1) year from the date of purchase.

8.3 In case the Products purchased is faulty, the Seller can either:

- arrange for the repair of the Product free of charge through the manufacturer's local authorised Service Centres

- replace the Product with no extra charge

- refund or give a discount to the Customer.

8.4 The Seller is liable to the Consumer for any lack of conformity which may exist at the time of delivery of the product that becomes apparent within two (2) years from the date of effective delivery. The lack of conformity must be reported to Seller or the manufacturer's local authorised Service Centre, under penalty of forfeiture of the warranty, within two (2) months from the date that it is discovered.

8.5 Guarantee does not cover consumables, parts subject to wear and tear, Products damaged for negligence or improper use, use of unauthorised spare parts or packaging and any other cause that it is not attributable to the Seller or the manufacturer.

8.6 The seller is liable only for the cost of repair / replacement of the Product(s) sold, when the Guarantee is applicable. Any other costs such as installation and labor shall be paid by the Customer.

9. Intellectual and Industrial property

9.1 The Seller is the owner of all the Intellectual and Industrial Property rights to its web pages and the content thereof (including and not limited to, images, sound, audio, video, software and text, brands or logos, combinations of colours, structure and design, selection of materials, computer programs needed to operate, access or use them, etc.).

9.2 The Customer undertakes to respect the Seller Intellectual and Industrial Property rights. The Customer may view the components of the various web sites and may print, copy and store them on the hard disk of his/her computer or on any other physical medium solely and exclusively for personal and private use; it is therefore absolutely forbidden to process, distribute, disclose, disseminate or otherwise exploit them, or modify, alter or decompile them. The Customer may not remove, alter, evade or manipulate any protection device or security system installed on the Site pages.

10.Exclusion of guarantees and liability for the operation of the web site and its services

10.1 This website was compiled with the utmost care. Nonetheless, the accuracy or correctness of the information contained cannot be guaranteed. The Seller assumes no liability for damages arising directly or indirectly from use of this website, if not caused by willful misconduct or gross negligence by the Seller. The Seller may make changes to the information at any time and without notice, and has no obligation to update the information herein.

10.2 In the event that this web site contains links to other pages or websites not directly managed by the Seller, the Seller states that it exercises no control over such sites and is not liable or responsible for their content. Any links on this Site are offered solely for information purposes, no opinion being expressed about their content or owners or the services or products offered by them.

10.3 At all events, the Seller accept no liability for the services provided by such third parties in connection with legal proceedings and claims or lawsuits brought by third parties against the Seller, and  claims, or lawsuits that may be filed in connection therewith.

11. Applicable legislation

11.1 The relations between the Seller and the Customer shall be governed by Italian law. For the resolution of any dispute arising between the Seller and the Customer, both parties submit to the jurisdiction of the Courts of Santa Maria Capua Vetere, (Italy).

12.Data protection

12.1 The Seller guarantees the security and confidentiality of the data furnished by the Web users, according to the Legislative Decree 196/2003,  or any other Act or Regulation that may amend or supercede it. The protection of the Customer's privacy in the processing of the personal data is an important concern which the Seller pays special attention to during its business processes. The Seller processes personal data collected during the visit to the Site confidentially and solely in compliance with Italian legal provisions “Codice Privacy” (Privacy Code). The Seller is responsible for the personal data processed.

12.2 Personal data is only stored when voluntarily given by the Customer for a determined purpose e.g. when submitting an Order, in context of a registration, a survey, a contest or in performance of a contract. The Seller will not share the Customer's personal data with third parties.

12.3 The Customer can also revoke the consent to the collection, processing, and use of his/her personal data for the future by sending an email at [email protected] or a letter at Cima Srl, Via Appia 74/76, 81055 Santa Maria Capua Vetere (CE), Italy

12.4 The personal data will be deleted if the consent for the storage will be revoked, if the knowledge of the personal data for the performance of the purpose is no longer necessary or if the storage of the personal data is inadmissible due to other legal reasons.